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Entries in marinadedave (225)

Monday
Oct182010

As The World Burns

Brad Benson is the owner of a Hyundai car dealership in South Brunswick, NJ. In 2003, he offered Saddam Hussein a brand spanking new car if he would flee Iraq. That advertising campaign wasn’t successful and he pulled the ad after it ran only two days, replacing it with an apology for any offense that may have been taken by anyone, Muslim or otherwise.

To give you a little background, in the 1980’s, Benson established himself as an offensive lineman for the NY Giants, having played there for 12 seasons. Today, he is better known around the state for running his “Idiot Award” ads, where he’s singled out celebrities like Roger Clemens, Mel Gibson and Lindsay Lohan.

“We don’t have your typical car commercial,” he said, and to be frank, they have been quite effective. Three years ago, he was selling about 60 cars each month. Today, in spite of the present economy, that number has grown to over 500 cars per month.

The following story caught my attention for several reasons. I’m originally from NJ, having spent the first half of my life there, so I have a special connection with the state. Since 1981, I’ve lived in Florida, and this year, I had the opportunity to attend two University of Florida Gator football games thanks to the generosity and hospitality of a wonderful lady. She was born and raised in Gainesville, where the spectacle of pastor Terry Jones was met with great consternation. Jones, if you recall, had threatened to burn thousands of Qurans, the Muslim holy book, on September 11, in protest over plans to build a mosque and Islamic center two blocks away from Ground Zero, in lower Manhattan. Jones was never a fixture in Gainesville, and his self-titled “International Burn a Koran Day” became a conflagration of horrible proportion. He’s a total embarrassment to the sensible inhabitants of the respectable university town, where common sense prevails over opportunistic sensationalism and overzealous preachers of literal biblical translations.

Enter Brad Benson. In the midst of the international debacle,  he offered Terry Jones a new car if he promised to not burn one single Quran. Of course, September 11 came and went and no books were burned, but that was more than likely due to President Barack Obama’s very public urging, along with a phone call from Defense Secretary Robert Gates and a statement by Gen. David Petraeus, head of the U.S. mission in Afghanistan, who said that carrying out the plan would endanger American troops.

“I just didn’t think that was a good thing for our country right now,” Benson said about the Quran burning. Levelheadedness won out and the residents of Gainesville were able to breathe sighs of relief. Jones has since indicated that he will move away from the area, along with his flock from the Dove World Outreach Center. Hallelujah!

Meanwhile, a representative for Jones called Brad Benson’s car dealership to collect the 2011 Hyundai Accent, which retails for $14,200. At first, the dealer thought it was a hoax. “They said unless I was doing false advertising, they would like to arrange to pick up the car,” so he asked for a copy of Jones’s driver’s license. The reverend complied.

Of course, Jones told the Associated Press last Thursday that the offer of a car was not the reason why he chose not to burn the Muslim holy books. He said he hadn’t learned about the deal until after September 11.

Prior to making the determination, Benson asked his radio audience to help him decide whether to honor his promise. Over 2,600 people responded and the vast majority said he needed to keep his word. Views ran the gamut. One person suggested painting the car with verses from the Quran, the Talmud and the King James version of the Bible.

After the feedback, he said he decided to give Jones the car outright because he didn’t want to be connected to anything the pastor decides to do with it. “I don’t want to be involved in the politics of that.”

In the end, Terry Jones said he was not going to profit from the car. “We’re not keeping the car for ourselves.” Instead, he said he plans to donate it to an organization that helps abused Muslim women. Good luck finding one. Although the effort looks good on paper and in the media, it shows how out of touch the preacher is with the world and sharia, where many interpretations of Islamic law “are used to justify cruel punishments such as amputation and stoning as well as unequal treatment of women in inheritance, dress, and independence.”¹

If Jones can’t find an organization, perhaps he can establish one for abused Muslim women. If he does, let’s just pray that no one comes along and burns it to the ground with women, children and Qurans inside. By Muslims. How sad and ironic that would be.

Story collected from AP wire service

Wednesday
Oct132010

Political Raffling

Because I am a writer, I am on mailing lists, including press releases from political parties. Today, I received an e-mail. Lest you think I am going to give out my affiliation here, guess again. It’s no one’s business, but when I receive something in one of my accounts that’s specifically set up for this type of information and it causes me to raise an eyebrow, I do what I like to do: write about it.

Normally, I leave politics off my blog, but this one was a bit surprising. To be fair, the party itself isn’t what attracted me to it. It’s the person who’s carnival barking that did. At first glance, I didn’t think much of it, but after giving it some thought, I really can’t think of a time, in the annals of American politics, that a sitting president has ever offered any sort of sweepstakes with the one and only prize (3 winners) offered being an opportunity to meet him backstage at one of the final campaign stops he will be headlining for the fall mid-term election. I don’t want to think of my president as a carnival barker, but at the same time, it is not my intent to make any kind of political statement over this. I won’t. It is what it is and what you see is what you get. The graphics are mine, but the “Presidential Address” by Barack Obama to his party constituents is real. Incidentally, the message did not come out of the White House. It is being paid for by the Democratic National Committee.

Hurry! Hurry! Hurry! Step right up!

 HERE’S HOW TO ORDER!

There are 20 days until the election. I need you to go all in.

People like Senator Barbara Boxer in California, Congresswoman Mary Jo Kilroy in Ohio, and Congressman Patrick Murphy in Pennsylvania — who courageously fought alongside us for change — are facing millions in retaliatory attacks ads from special interests, made possible by a recent Supreme Court decision.

All around the country, members of Congress who stand up for the middle class are being targeted. Special interests hope to replace our allies with candidates who will give tax breaks to the wealthy, exploding our deficits at the expense of the middle class; privatize social security; even eliminate the minimum wage.

That’s why I’m doing all I can, traveling the country over the last critical days of this campaign to support our allies and remind voters of the choice they have in this election. These are the people who stood with us when health reform seemed unlikely, when the banks tried to bully us out of Wall Street reform.

I need you to do all you can as well. Keep organizing, keep talking to your neighbors, and keep donating whatever you can afford.

WILL YOU CHIP IN $3 RIGHT NOW TO HELP WIN THIS FIGHT?

Your donation today will not just help put organizers on the ground, resources in the hands of volunteers, or ads online in these final days of the election. Your donation is a statement — that you and I will not sit back and allow interest groups to buy their way back into power.

And, as Mitch told you earlier this week, your donation will automatically enter you win a trip to Las Vegas to meet me backstage. I’ll be there on October 22nd to stand alongside Nevada Democrats and Harry Reid, one of the best majority leaders the Senate has ever had, who has played a critical role in each of the historic victories you and I have achieved. He’s one of the people we need to fight for.

There are Democrats like Harry all around the country — folks who are under siege because they stood up to the status quo. It’s up to you to give them a chance to keep fighting. And if you don’t do it, nobody will.

I will be out there, making the case with you. And I hope to see you backstage at one of the final, most important, campaign stops I will make this fall.

PLEASE DONATE $3 TO BE AUTOMATICALLY ENTERED TO WIN A TRIP TO LAS VEGAS TO MEET ME BACKSTAGE:

https://donate.barackobama.com/Backstage

Thank you for all you do,

President Barack Obama

P.S. — Making a donation automatically registers you for the sweepstakes. You may also enter the sweepstakes without making a contribution either online or via text message — click here to enter online or here for instructions on how to enter via text message. No minimum contribution is necessary to be registered.


No purchase or contribution necessary to enter. Void where prohibited. You can enter the contest without making a contribution by clicking here. Only U.S. citizens or lawful permanent residents over the age of 18 who are residents of the 50 states or D.C. are eligible to enter. Entries must be received by 11:59 p.m. on 10/15/10. Three winners will receive one round-trip ticket within the continental U.S. to Las Vegas, NV; hotel accommodations for one; and a meeting with President Obama at a rally event on 10/22/10 (approximate combined retail value $1,200.00). Odds of winning depend on number of entries received. Promotion is subject to Official Rules, available here, including restrictions on eligibility.

 

Paid for by Organizing for America, a project of the Democratic National Committee — 430 South Capitol Street SE, Washington, D.C. 20003. This communication is not authorized by any candidate or candidate’s committee.

 

Contributions or gifts to the Democratic National Committee are not deductible as charitable contributions for income tax purposes.

 

Would I like to meet the president? Sure, he’s the president and he seems like a very approachable sort of guy, but that’s not the way I’d prefer doing it. Please let me know what you think. Does this diminish the integrity of the Office of the President of the United States? Or have we reached a point where meeting the president is just like winning a Thanksgiving turkey? Buy a raffle ticket. And who will be spared this November, the turkey or the president?

 

Monday
Oct112010

Barking up the wrong plea?

“I found my daughter’s car today, and it smells like there’s been a dead body in the damn car.”

- Cindy Anthony

You know, I really wanted to title this post, Cryogenic oven-trapping gas chromatography for analysis of volatile organic compounds in body fluids, but it was already taken. Darn those three, K. Watanabe-SuzukiA. Ishii and O. Suzuki. They left nothing for another man’s creative imagination.

On July 24, 2008, Investigator Mike Vincent of the Orange County Sheriff’s Office sent Oak Ridge National Laboratory a carpet sample from the trunk of Casey’s Pontiac, the one that contained the damn dead pizza with squirrel topping smell. All kidding aside, what tests were performed on the air quality in that trunk was a very serious matter. Whether or not the judge allows the forensic report to be admitted as evidence in the case against Casey is of tantamount importance to both the state and defense, where the life or death of the accused may be in the balance. The judge will have to weigh heavily the type of science it is - something never used in a court of law. Is it truly a valid science or is it junk, as Casey’s defense has implied? To grasp the basic concept of what it is, we must understand it first.

To begin with, there’s nothing quite like real, live witnesses; the ones who will testify in court that the car smelled like death and decomposition. There’s no escaping it. Cindy smelled it, George smelled it, Lee smelled it, and certainly, lots of law enforcement officials running around the Anthony home on July 15, 2008, smelled it, and many of those officials were duly trained in detecting decomposition of the human body. Just like the pungent smell of marijuana, there’s no escaping its uniqueness. Once you smell death, you never forget it. I believe it is in our primordial genes. The very first time it impacts you, you know what it is. No need for an education. No learning curve. No one need tell you what it is. Coupled with the scientific results, it could smell, er, spell doom for Ms. Casey. Even without it, the odor is what it is: decomp. No squirrels or other organic matter was found, lest a few crumbs of dried up pepperoni, if that.

The carpet sample sent in July was not the only thing parceled out. On September 3, Dr. Neal Haskell included air samples from the trunk, paper towels, and a white trash bag, both containing fly pupae. Dr. Haskell is a forensic entomology expert - forensic refers to investigation into the cause of death and entomology refers to insects. He is part of the faculty (Biology Department) at St. Joseph’s College in Rensselaer, Indiana.

According to Oak Ridge, compounds in all the samples were identified by mass spectral library match, which means they were compared against known samples that exist in a library. Without getting too complex, verifications were determined from standards purchased from the Sigma-Aldrich Chemical Company. It’s like comparing samples of anything against a known bank of information pertaining to that subject matter.

The first carpet sample was placed in a sealed metal can. A preliminary analysis was performed by extracting a small amount of air from the can. It was injected into a Hewlett-Packard Gas Chromotagraph/Mass Spectrometer (GC/MS) equipped with a Hewlett-Packard Mass Selective Detector. If this sounds anything like the Turbo Encabulator, it’s not even remotely close. Hewlett-Packard never made one. Alas, only a few compounds were observed in the sample, primarily chloroform, and it became apparent the sample wasn’t strong enough, so it was deemed necessary to increase the sensitivity in order to find a lower abundance of compounds - if they were present at all. According to the report, the technique selected for concentrating the sample was cryogenic trapping, which can improve detection of organic compounds ten-fold. Cryo-trapping is widely used for the analysis of fragrances and odors.

For these analyses, cryo-trapping was performed by injecting air into a short loop of inert stainless-steel tubing connected between the injector of the gas chromatograph and the head of the GC column. The stainless-steel loop was cooled with liquid nitrogen which condensed the organic compounds present in the air sample, while allowing the nitrogen and oxygen to be vented away from the GC/MS. Normal heating of the GC oven during analysis cycle vaporized the condensed organic compounds in the stainless-steel loop and allowed them to traverse through the GC column into the mass spectrometer.¹

If you are not familiar with cryogenics, think of cryonics, which is the “science of using ultra-cold temperature to preserve human life with the intent of restoring good health when technology becomes available to do so,” according to the Alcor Website. Rumor has it that Walt Disney’s head is frozen and kept under the Cinderella Castle at Disney World, here in Orlando, but that’s not true. His whole body is on ice in a hidden chamber beneath Pirates of The Caribbean at Disneyland. Actually, none of that is true. Dearly departed Disney was cremated, head and all, and his ashes rest in Forest Lawn Memorial Park in Glendale, California. Cryo no more.


Back to the matter at hand…

The carpet sample was removed from the metal can and placed in a Tedlar bag for 2 days at 35 degrees Celsius (C) and allowed to off-gas into the bag. Kind of like a silent, but deadly, if you get my drift. Tedlar bags have many uses in many industries, including air sampling, hazardous waste, and other gas sampling needs.

The report admitted that gasoline was found in the trunk and it was likely a source of significant hydrocarbon interference that caused an overlap with about 41% of the chemicals typically observed in decompositional events. This may wreak havoc on the state’s claims. The defense will jump on this like flies on… flypaper. Of the 51 chemicals identified on the carpet sample from Casey’s vehicle, 80% were consistent with decompositional events. A mere 17 of the 51 overlapped with known or possible gasoline constituents, leaving 24 compounds - 59% - associated with decomposing human remains potentially unaccounted for. In other words, there was no other way to explain their existence, such as pepperoni. There are lots more examples in the report, but to go into every aspect would be boring and quite tormenting. Suffice it to say that in its conclusion, the report summed up things nicely.

What the lab determined was that odor from early decomposition was present, including “an unusually large concentration of chloroform - far greater than what is typically seen in human decomposition.” There was also an increased level of sulfur containing compounds found, which are “particularly characteristic of decompositional events.” Certainly, of particular interest to the defense is the report’s conclusion that the possibility exists there could be a variety of products that could have contributed to the overall chemical signature.

How much credence should we, as untrained laymen, put into the Oak Ridge report? Laywomen, too. No discrimination intended or implied. Our opinions won’t count in court, but it makes for great discussion. What we may lose sight of are the lab tests conducted for OCSO because we keep wishing upon a star that Casey will be found guilty, so we sometimes skew the results. To be frank, we’re not even into what the defense experts will bring into battle, but we do have another report at our fingertips; the findings of Michael E. Sigman, Ph.D., Assistant Director for Physical Evidence at the National Center for Forensic Science on the campus of the University of Central Florida, right in Casey’s backyard.

Here is a list of what was analyzed and reported in Air Analysis Results: Caylee Anthony Missing Child Investigation²:

Some samples were not tested at NCFS, but an interpretation of the findings stated that“… dimethyl disulfide, tetrachloroethene  and Chloroform are known to be liberated from decomposition of human remains. These three compounds were not found in a representative gasoline sample in the NCFS database. Dimethyl disulfide occurs naturally in cabbage and onion.” Was that pizza ordered with onions and pepperoni? “Tetrachloroethene is used in dry cleaning and may be used in spot removers. Chloroform may be used as a degreaser and may be formed through the reaction of chlorine bleach with some organic chemicals.”

What Dr. Sigman concluded was that the presense of dimethyl disulfide, tetrachloroethene and chloroform did not conclusively demonstrate that human decomp was present in the trunk. There were too many other possible sources. 

These were the findings of Oak Ridge and NCFS, and not my opinion. In other words, I have no dog in this fight other than a cause similar to everyone else that’s compassionate about this case and looking for complete and final justice for Caylee. Speaking of dogs, though, the defense is going to look into all of this in a lot more depth and try to convince the jury a machine could never replace a canine nose. Therefore, it’s inconclusive. On the other hand, didn’t a dog also hit on human decompostion in that trunk? How is defense attorney Dorothy Clay Sims, a specialist in medical-expert witness cross-examinations, going to bark back at a dog?

I recommend reading Air science could be used for first time ever in Anthony case by Anthony Colarossi, Orlando Sentinel, October 8, 2010.

Tuesday
Oct052010

A formidable presence

As quiet as a church mouse, Ann E. Finnell entered into the Ninth Circuit Court, a Notice of Appearance last Thursday, September 30.

ANN E. FINNELL, the undersigned attorney, hereby enters her appearance on behalf of DEFENDANTCASEY ANTHONY, joining attorneys Jose Baez, Esq., and Cheney Mason, Esq., inter alia as an attorney for Defendant.

Inter alia, for those not familiar, is Latin for “among other things,” meaning she is joining the crowd. The more, the merrier, so to speak.

What you may not have noticed, though, are two motions rolled into one that came attached with it; something she filed on behalf of her new client, Ms. Anthony. The nerve. Judge Perry wasn’t even given a chance to acknowledge her notification yet.

MOTION TO DETERMINE REASONABLE BUDGET FOR DUE PROCESS COSTS IN A CAPITAL CASE AND MOTION TO INCUR CERTAIN SPECIFIED COSTS

In this two-for-one motion, Ms. Finnell asks the Honorable Court to “set a hearing to detemine a reasonable budget for the penalty phase of a capital proceeding.” This is not in anticipation of a guilty verdict. No, this is more of a “just in case” scenario. Juries can go either way and it’s better to be prepared, and to be specific, this is a motion requesting money for services rendered BEFORE the trial, not after.

On March 19 of this year, Judge Stan Strickland officially declared Casey Anthony indigent and her defense stated that they would continue to work on her case pro bono. Regardless of how Florida taxpayers felt at the time, the state was ordered, through the JAC (Judicial Administrative Commission) to pay for her experts, investigators and other costs incurred. At the indigence hearing, her then-new attorney, Cheney Mason, said the total amount could be about $200,000. Unfortunately, I am of the opinion that it will exceed that price tag.

Ms. Finnell, in her motion, assumes that “since Defendant has been adjudged indigent for costs it would seem appropriate that undersigned counsel attempt to establish a reasonable budget for a capital case.”

I’m afraid, in this case, I have to agree with her, but it has nothing to do with siding with the defense. It is because Casey has a right, like any other who stands accused, to have a solid defense, particularly because of the nature of the beast. This is a capital case, and as Judge Perry has stated more than once, death is different. However, just because I agree does not mean he will write a check in the amount she is requesting. He has several options.

  1. He can agree 100% and grant her wish.
  2. He can agree and ask her to submit individual bills to JAC as they come in.
  3. He can disagree and tell her to work with what she’s already got; Jerry Lyons and Jeanene Barrett. Is Mort Smith still in the equation?

Ms. Finnell is very good at what she does. She is a seasoned veteran at this sort of thing. I noticed elsewhere in comments that the defense doesn’t need this attorney since Cheney Mason is already death penalty qualified. Her joining the team has nothing to do with that. It is all about taking care of the penalty phase if Casey is convicted of first-degree murder. That is her specialty and in order to be fair and just, any defendant in a capital case needs someone precisely like her. Indigent or not, they usually get one, and Casey is no exception.

Just what is the Jacksonville attorney requesting? Let’s take a look.

She believes the utilization of a private investigator will be required to provide services in the realm of “locating and interviewing mitigation witnesses,” and“locating and securing documents and other evidence relevant to the penalty phase,” among others I will get to. One of the things that I get a kick out of are those pesky little “other evidence” phrases that one never quite understands. Exactly what it really means is anyone’s guess. It’s almost the same as saying, “well, that’s what they say” to back up a claim, only no one knows for sure who “they” are. Oh, you know, them, those, that evidence.

On with the show… Performing background checks is a reasonable request. So is “researching any other factual issue relevant to the penalty phase such as the credibility and character of the witnesses.” She adds that she does not anticipate the costs for investigative services to exceed $5,000.00 and specifically requests the court to “enter an Order authorizing such costs not to exceed $5,000.00 without further Order of the Court.” That’s rather interesting, because she places this fiscal limit on each of her court requests and it’s the first time I have seen any defense attorney related to this case take responsibility for any money at all, except for what the JAC is willing to pay, and there have been issues already. Judge Perry stated that any bill JAC refuses to pay falls back into the hands of the Baez Law Firm. This woman has, what seems apparent, experience in this department. On this particular issue, she says that the private investigator would be one with whom JAC has a contract and would provide services at JAC rates. So far, so good.

$5,000.00

The next matter at hand concerns the services of a licensed psychiatrist or psychologist at a “reasonable hourly rate” - whatever that may be. Of course, the JAC has a menu that lists recommended rates:

JAC is also rather particular about what it offers. “Prior to retaining an expert, defense counsel must file a written motion seeking authorization to incur the expert services. The motion needs to establish the basis for the expert services by setting forth the reason why the expert’s services are necessary for the defense of the case. The defense has the burden to show the particularized need for the expert’s services.”

Since this leads the court to assure the JAC that what it hands out will have to be meticulously explained by the defense, Casey and her team will get no free rides. In the case of “seeking a comprehensive forensic psychological examination of the defendant, the attorney should ask the expert the number of hours the expert anticipates will be necessary to complete the evaluation,” which translates into: the defense should obtain a good faith estimate from the expert first. I believe Ms. Finnell has done that.

Whoever the expert is would examine and conduct forensic testing on Casey and “render an opinion regarding relevant mitigation” and be available to consult with the defense regarding state experts’ cross-examinations. If necessary, it would include testifying at the penalty phase. The price tag? Her guestimate runs at $7,500.00.

Now, we’re up to $12,500.00

Next up in her list is $1,000 for copies, medical records, school records, photographs and “any other record relevant to any statutory or non-statutory mitigating circumstance or to rebut any aggravating circumstance, and the preparation of trial exhibits of said records.”

$13,500.00

The next item up for the defense is the mitigation specialist and here’s where the instructions are clear. Ms. Finnell does not seem to be asking for anyone new. Instead, she seeks money for who’s already there, in which case, I would have to point the finger at Jeanene Barrett, left over from the Andrea Lyon days. Here, Ms. Finnell “anticipates needing additional hours for the mitigation specialist who has already been approved by the court.” Bingo! She’s not looking for anyone else. She expects this expert to work for an additional 100 hours at a rate the court had already established, and if I can find that out, I will let you know, but if we assume it’s $75.00 per hour, we’re talking an additional $7,500.00, which pushes the bill over the $20,000.00 amount initially reported in the media.

$21,000.00

The esteemed attorney expects to travel “to and from Orlando, Florida and Jacksonville, Florida and Ft. Myers, Florida, to visit with Defendant and Defendant’s family, friends and associates. Multiple trips will be required prior to the start of the trial in this cause.” She intends to use her own vehicle, which is not a 1987 Yugo, incidentally. Let’s see, the JAC states that, “When travel is more than 50 miles or out‐of‐county, an expert may bill for mileage pursuant to section 112.061, F.S. The state rate for mileage reimbursement is $.0445 per mile.”

The distance between Jacksonville and Orlando, from her office to the jail, is 145 miles each way. The distance from her office to Fort Myers is roughly 300 miles. She anticipates at least one trip per month to Orlando and back, and at least two trips to Fort Myers. Overnight lodging is expected for the trips to Fort Myers and some of the trips to Orlando, all of which is feasible. She’s asking for $4,000.00. Let’s see… a round trip from Jax to O’do runs about $134.00. Jax to Ft. Myers would be double that - $268.00. We are 7-8 months away from showtime, so 7-8 Orlando trips would run… let’s give her the benefit of the doubt and say 8 months. 8 trips would cost almost $1,100.00.  To Fort Myers and back twice would add up to around $540, bringing our total to $1,640.00, not including hotel stays, and I think it’s safe to assume she’s not going to spend the night at the No Tell Motel, but still, that’s over $2,400 in lodgings. Nope, that one should be questioned by the judge. If the court chooses to approve, it brings our tally much higher…

$25,000.00

Ms. Finnell further anticipates “travel expenses for either one investigator or one mitigation specialist to travel to Ohio, to obtain records and interview potential witnesses.” Of course, this travel would have to require roundtrip airfare, lodging, and per diem expenses, which she expects to be approved at JAC rates. Air fare shouldn’t exceed $600.00 and total travel should not be any more than $1,500.00. That adds another $1,500.00 to our bill.

$26,500.00 grand total prior to trial

The final request is a very important one as far as I’m concerned, because it makes it clear when she expects this money. It makes absolutely no sense that the court would hold this amount until a verdict is rendered and the penalty phase begins, if Casey is found guilty. No, there’s not nearly enough time to collect all of this information. At the same time, something may come to light that is important to the outcome of the trial. This is money the state must hand out very soon in one form or another. Clearly, Ms. Finnell anticipates this because she says that “if this case goes to trial, travel to the site of the trial and lodging associated with the days required to attend the trial will need to be incurred at JAC approved rates. Counsel cannot at this time estimate the number of days required to select a jury, try the case, and conduct a penalty phase if necessary.” You see? This is money she intends to spend leading up to the trial, if it reaches that stage, which it will. The trial and possible penalty phase are not included.

We may not be happy with this price tag, but taking everything into consideration, and I mean everything, Ann Finnell has laid out an expense package that is within reason. Like I said, as much as some of us will disagree, it’s the first thing that’s come out of this defense that makes concrete sense. Finally, an efficient planner has emerged - one who’s not afraid to open her hand and show a couple of cards. No “I’ll have to get back to you on that,” or “I need to look into that.” Here it is, take it or leave it. Personally, I think Judge Perry is going to like her style. She’s no nonsense.

Thursday
May272010

"I can make them disappear..."

I began writing this article in June, 2009. Today, I bring it up to date.

In February of 2009, Chris George’s car was found abandoned near a wooded area in Apopka, Florida. Also known as George Onda, family members and friends didn’t think much of it because he often took off to go on drug-induced binges. Three weeks later, the family called Apopka police and a search ensued. One of the volunteers was a guy by the name of James Hataway. He was one of only two people who last saw George alive. When the case went cold, police closed it out, but last May, something happened, prompting detectives to reopen the case. Today, the Ocoee Police Department has linked a total of 6 victims to James Virgil Hataway.

Tracy Ocasio was last seen a year ago leaving the Tap Room bar on Raleigh Street in Orlando’s MetroWest neighborhood, at 1:30 AM on May 27. Her car was found abandoned about 15 miles from the bar, not far from Hataway’s home. Yesterday, Ocoee detectives named him as the only suspect in her disappearance. Until then, he was only a person of interest.

Last June, I went to pick up a few prescriptions from the pharmacy almost across the street from where I live. As she was ringing up my purchase, I asked the always friendly woman behind the counter if she knew anything about Tracy and the guy police have in custody who might also be tied into Jennifer Kesse, missing since January 24, 2006. It’s pretty big news around Orlando and both women are a sad reprieve from the Casey Anthony saga. At first, she didn’t quite know, so I mentioned the bar up the street by Dan’s Restaurant, called McGuinnty’s Irish Pub. I told her he used to go there.

“Oh, yeah, I remember seeing him on the news. I thought he looked familiar,” she said. I told her McGuinnty’s was one of his hangouts because he lived nearby. “I think I used to see him in here.”

As a single mother, I just don’t picture my clerk as much of a drinker and, needless to say, neither am I any longer, but I was more of one back then and I knew who this guy was the first time I saw his picture on the local news. McGuinnty’s has been closed for about 3 years years now, but I can remember some of those times like it was yesterday, and I can easily remember the people who oftentimes frequented the place.

I never befriended James Virgil Hataway at that bar and there were some very good reasons why. The people he hung around with were skinhead types. Hoodlums, plain and simple, and most of the time the regular crowd stayed on one side while they planted themselves on the other. They were young - mid 20s to early 30s - the way I saw it. Today, Hataway is 29. They shaved their heads and had goatees. They all had piercings and tattoos. They were a tough group hanging with rough, but good-looking women. There were a few I knew by name, but not much else. Dallas was a good guy. Today, I don’t remember most of the names but I do remember the faces. To give you an idea, the tall guy in the middle of the picture at this link, Matt, taken at McGuinnty’s, had at one time been a nice young man until he got mixed up with that bunch. His change was overnight. Shaved head, tattoos all over, nasty, punk, degenerate attitude. He went from saying hello to wanting to beat the living crap out of everyone in his way and for no good reason at all. Of course, I never said a word to him again after he snarled one night. These were the guys who had no respect for anyone but their own small clique of friends. They had the ultimate chip on their shoulders. They had no respect for anyone but their own and it’s becoming clearer and clearer that Hataway had no respect for human life from what is emerging.

He was always the quiet one in the crowd, but it doesn’t surprise me the least that he, or any of the other ones for that matter, is the only suspect in the disappearance of Tracy Ocasio. A surveillance video from the Tap Room showed Hataway and Ocasio leaving together. She had offered to give him a ride home to Ocoee, a couple of miles northwest of the bar. Although not charged with her disappearance, he is in the Seminole County Jail, awaiting trial for an unrelated attempted-murder case from August of 2008, where a woman accused him of choking her, trying to snap her neck and slamming her head repeatedly in the pavement. There were witnesses, too. Real ones, and still alive.

This is a guy who fancied himself “the worst criminal in the universe” by using the alias Vader McGirth on his now closed MySpace page, named after the Darth Vader character in Star Wars. He’s no stranger to police because he has an extensive criminal record dating back to 1993 which includes kidnapping causing bodily harm, many traffic offenses and drug possession. See Inmate History Report

One of the former bartenders at McGuinnty’s told me he used to ask her for a ride home once in a while. I asked her if she had ever given him one. “No,” she said, “I always told him I live in the opposite direction.”

When I asked her if she was glad she didn’t, she responded, “YES,” but she never would have thought that he could do such a thing, other than because of the type of crowd he was always hanging with. I asked her where they all came from. Why did they congregate at McGuinnty’s? She said most of them lived in the trailer park behind the bar. She also told me that most of them have since outgrown that skinhead phase, and some are married. For the record, the trailer park is now a housing development, but I’m sure none of them live there.

“He wouldn’t care who it was, he would make them disappear, just like he told me. The way he would talk about people … what he would want to do,” said a former roommate who did not wish to be identified, because he said he had received threats from some of Hataway’s friends.

Before his arrest last year on drug charges, Hataway lived with his father in Ocoee. He also worked with his father dredging ponds.
 

This Jimmy has a preponderance to do violence, he snaps, he gets angry, it’s always a woman, ride home, end up alone,” said Sgt. Mike Bryant of the Ocoee Police Department, in June 2009. “He’s very familiar with going out into open land at night and not getting caught dumping land debris and waste, that’s a concern…”

“We believe he did it. He’s always been a suspect,” the detective said yesterday, almost a year after Tracy disappeared. “He is suspected of killing her.”

Too bad for Tracy because this stunning beauty was a true blue Orlando Magic fan. That’s why she went to the Tap Room bar that fateful Tuesday night on May 26, to watch her team win, and win they did, against LeBron James and the Cleveland Cavaliers. Too bad another James, James Virgil Hataway, was there to watch her lose her life in the wee hours of Wednesday morning. No one ever saw her again. Just like magic, he made her disappear.

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