Juan Martinez: A Prosecutor's Success

by Women In Crime Ink

As the jury determines in the next few days whether convicted killer Jodi Arias should serve life in prison or get the death penalty, we thought we'd take a look back at this sensational case and voice our opinions on what went right.

If you've followed the case, you know that after a four-month trial, 32-year-old Arias was convicted of killing ex-boyfriend Travis Alexander in his Phoenix townhouse. It was a particularly grizzly murder, with Arias stabbing Alexander 29 times, most of which were in the back, slitting his throat, and shooting him once in the head. Alexander, 30, didn't stand a chance.

While the final phase of the trial -- the sentencing -- winds down, this seems like the perfect time to take a look back and ask this question:

During the trial, what did Deputy District Attorney Juan Martinez do best to win a guilty verdict?

Here's what some of our WCI bloggers had to say:

Donna Pendergast: The facts in the Jodi Arias case speak for themselves. In terms of a prosecution case, it doesn't get much better than this. Her story of self defense was negated by the physical evidence, her false statements and her manipulative testimony, which came across as very calculated.

Jurors are not stupid and they don't like to be played like they are. Although we have seen a few high-profile cases in the news where the verdict seemingly was inconsistent with the evidence, in most circumstances jurors try to do the right thing. They saw right through Jodi Arias and delivered a verdict consistent with the overwhelming evidence. As a prosecutor, I think that Juan Martinez overdid the histrionics, but I can't quarrel with success.

Gina Simmons: Jurors had a chance to witness Jodi Arias lie frequently and with incredible detail over a long period of time. Psychopaths can create detailed pictures with their lies. These self-serving pictures can appear so convincing that jurors might find it hard to believe that they were completely created from imagination. Jurors got a close-up view of a pathological liar. Psychologically, this close-up view might make it difficult for some jurors to give her the death penalty. 

Robin Sax: If this case shows anything at all it's that the public (even post-OJ) has an insatiable appetite for a good crime story. This had it all: Sex, lies, photos, and a frighteningly smart narcissistic defendant. While Juan Martinez was certainly passionate, he did not make the same mistakes many high-profile prosecutors have made in the past, and that is he didn't drink his own Kool Aid. He spent the time proving each element, painting a picture, and presenting a strong case. Of course, Jodi helped with unbelievable lies, horrific evidence and narcissism that spoke volumes.

Katherine Scardino: As a defense attorney, I agree that this was a dream case for the prosecution. I would have handled her defense in a much more realistic manner. First of all, she would never have spent a minute on the stand much less 19 days. Bad lawyering for her. But seems like Guilty verdict is the right one.

Cathy Scott: The interesting thing in this case was how Martinez brought the pieces of the puzzle together for the jury in his closing. Some things he brought out didn't make sense during the trial, at least to me, until he laid it all out in the end. It was brilliant, and it worked.

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Bodyguard for Murdered Rap Artist Tupac Shakur Has Died

Courtesy of TruthAboutTupac.com

by Cathy Scott

Frank Alexander, a bodyguard for the late rapper Tupac Shakur, has passed away.

Alexander was in a car directly behind Tupac and his record producer, Suge Knight, in September 1996 near the Las Vegas Strip when Tupac was shot. A passenger in a white Cadillac pulled next to Suge and Tupac’s BMW, opened fire, hitting Tupac and grazing Knight.

Six days later, Tupac died from a chest wound. Suge, who was admitted to the hospital for treatment, was released the morning after the shooting. Frank two years later co-wrote the book Got Your Back, about his time on tour with Pac.

I got to know Frank over the years and spent time with him during the taping of the documentary Before I Wake and Tupac: Assassination, which Frank executive produced.

One of the coolest gigs Frank and I had together was on August 18, 2002, when we both appeared on comedian Kevin Nealon’s show “The Conspiracy Zone,” where Nealon, according to the show’s site, hosted “expert panelists discussing popular conspiracy theories.” The topic in this case was Tupac’s murder. On the show with us were comedians Kathy Griffin and Christopher Reid.

The oddest thing that evening was during the taping, which was in Burbank with a studio audience, when another guest, who'd also written a book about the Tupac case, publicly called me “a hack.” In writing vernacular, it was meant as an insult. It came out of nowhere, and I’d never met this guy before, so everybody but the name-caller cracked up laughing, including Frank.

On camera, Kevin Nealon turned to me and said, “I couldn’t tell, Cathy. Was he kidding?”

“I don’t think so,” I answered, and Kevin laughed along with us.

Kathy Griffin cracked a joke about it as well, and then the show continued. It was a lively discussion, and the episode was well received.

Afterward, we all went into the Green Room to eat the spread that Kraft Services had set up for us. Frank, with a group of friends, stayed, as did I. Christopher Reid (formerly known as Kid) was fun to talk with; he had mad respect for Tupac.

The irritated author, in the meantime, practically ran out the studio and through the Green Room, stopping only to ask where his driver was, before heading through a back door to the parking lot. We all laughed again, because it seemed so odd.

Frank was in a good mood that night, as were the rest of us – except for the out-of-sorts author (who will remain unnamed). I thought of Frank at the time as on top of his game. His book, co-written with author and journalist Heidi Coder, had been released in June 1998. And it was re-released in paperback a couple years later. In recent years, he’d worked on indie documentaries while working as a security guard.

I interviewed Frank in 1997 for the first edition of my book, The Killing of Tupac Shakur, and again for the second edition in 2002. About Tupac's murder, Frank told me, "I want to see the shooter brought to justice.” That never happened, despite the wide belief and law enforcement intelligence that points to Southside Crips as responsible for the rapper's death.

Frank Alexander passed away the afternoon of April 28 in his Southern California home. According to the Murrieta Police Department, investigators determined that he died from a self-inflicted gunshot wound to his head. The police investigation determined, per incident report No. 1304M-6390 and interviews and evidence at the scene, it was death by suicide. A formal autopsy was scheduled. But a police source close to the investigation told me, “The autopsy is just a formality in our determination. It was a suicide.”

An administrator with TruthAboutTupac.com site, says the loss is a personal one: “Big Frank was my friend and brother. We ate together, prayed together, told jokes and kicked it. He used to say, ‘It’s not how long you know a person that counts but how well you connect during the experiences you share that really matters.’

"The last conversation we had was very deep, and I’m still trying to wrap my head around our loss. I never in a million years thought I wouldn’t see him again.”

TruthAboutTupac.com summed up the loss for all of us: “Rest in Paradise, Big Frank. ONE LOVE.”

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Armed and Dangerous: Search Widens for Suspect in Fatal Shooting on Las Vegas Strip

Ammar Harris mug shot

by Cathy Scott

The dramatic shooting involving luxury cars on the Las Vegas Strip, which ended in three deaths, including a rapper, can't help but be compared to the shooting just two blocks from where hip-hop star Tupac Shakur was mortally wounded.

The similarities are eery. car-to-car shooting at a busy intersection on the Strip with the gunman fleeing into the darkness; the victim, trying to get away from the gunfire while mortally wounded, ran a red light and ended up in an intersection two blocks from where Tupac was shot.

It was not unlike when Suge Knight, Tupac's record producer who was driving and was struck by shrapnel at the base of his neck, with Tupac, shot multiple times in the passenger seat, took off in his BMW, trying to flee the gunfire. The driver of the Cadillac from which the shooter fired sped away into the night, just as the Range Rover used in the Las Vegas Strip shooting got away.

In this recent case, however, unlike in the Shakur murder investigation, Las Vegas Metropolitan Police are determined to catch the killer. They've already located the Range Rover used in the shooting, and there's been a manhunt for the suspect since it went down just before dawn on February 21. The search has been expanded to include southeast states, where the suspect once lived.

The suspect has been identified as Ammar Harris, 26, who's also known as Ammar Asim Faruq Harris. As of this writing, he was still at large, although the black Range Rover that police said was used in the shooting has been located and impounded. If the motive is known, police have not released it.

Harris is considered armed and dangerous, and, police say, if he is seen, he should not be approached. He has several tattoos, including a small heart below his right eye and an owl that covers his neck and a portion of his chest. Harris, who is a convicted felon, has been arrested in the past for kidnapping, soliciting clients for a prostitute, and sexual assault, according to a news release.

The shooting occurred after an argument at in the valet area of a nearby hotel.

Kenneth Cherry, 27, an aspiring rapper known by the stage name Kenny Clutch, drove his Maserati from the valet area around 4:20 a.m. on February 21 when a suspect in the Range Rover shot at his car as it headed north on Las Vegas Boulevard. Cherry, who was shot in the chest and arm, later died at a local hospital.

Cherry, to escape the gunfire, drove the Maserati into the intersection on the Strip at Flamingo Road, against a red traffic light, and crashed into a taxi, which caught fire, killing cab driver Michael Boldon and his passenger, Sandra Sutton-Wasmund, 48, of Maple Valley, Washington. The Clark County Coroner's Office has ruled all three deaths as homicides.

When I wrote the book, The Killing of Tupac Shakur, it was done in part to help solve the crime that police seemed reticent to investigate in-depth. Today, it's a different story. Had there been videotape at the parking garage set back from the street where Tupac was shot, police perhaps could have better pursued the killer.

There was videotape in the parking garage at the TI (previously known as Treasure Island hotel and casino), where Crips gang member Orlando Anderson stayed with fellow Crips gang members. Anderson is widely believed to be the shooter in the Shakur case.

Why Las Vegas police did not get images from surveillance video in the TI parking garage, to see if a white Cadillac had left the garage that evening, is still unknown.

In the meantime, the killing of Tupac Shakur remains unsolved, at least officially. But the Kenny Clutch investigation appears to be well on its way to the suspect's arrest so justice can be served this time around.

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Infamous 'Person of Interest' in Unsolved Murder Case Spotted in Las Vegas

By Cathy Scott

New York real estate baron Robert Durst, who has long been a person of interest in the 2000 murder of Mob daughter Susan Berman and in the 1982 disappearance of his wife first Kathleen Durst, has been seen in Las Vegas on three occasions.

Sin City is where Durst's one-time best friend, Susan Berman, grew up Mob royalty as the spoiled daughter of Jewish mobster Davie Berman.

Durst was spotted by a patron just before Christmas at a Chinese restaurant on Paradise Road near the Las Vegas Strip, at a supermarket on the east side of the valley by a fellow shopper, and at another restaurant in the same vicinity, according to the restaurant's host.

He's tough to miss. Images of Durst wearing wire-rimmed glasses, with salt-and-pepper hair, have been broadcast on TruTV, Nancy Grace, Jane Velez Mitchell, CNN, and on all the national networks.

In 2000, as New York police reopened their investigation into the disappearance of Kathleen Durst, investigators had scheduled an interview with Susan Berman. Durst had reportedly fled New York for Galveston, where he lived in disguise as a mute woman.

Before Berman's police interview was to take place, she was found in her Beverly Hills bungalow, dead from a gunshot wound to the back of her head. Her murder remains unsolved, but police have publicly said Durst, who had been visiting San Francisco where he owns a house, was in California at the time of Berman's murder. LAPD homicide-robbery division publicly said Durst was a person of interest in Berman's case.

Back in Texas, Durst was wanted for questioning when the remains of Durst's next-door neighbor, senior citizen Morris Black, were discovered by a fisherman and his young son floating in Galveston Bay -- except for poor Morris Black's head, which never surfaced. Durst was eventually arrested and charged with Black's murder. In court, he admitted to accidentally fatally shooting Black, and then chopping up the body, bagging the remains and dumping them in Galveston Bay.

Durst hired the best of the best when it came to his defense. Dick DeGuerin, who was named one of the top 100 criminal attorneys in the nation, used a self-defense strategy in court. Jurors bought it; they acquitted Durst of murder in 2003. He pleaded guilty the following year to jumping bond and evidence tampering. In a plea agreement, he received a sentence of five years in prison. With credit for time service, Durst was paroled in 2005.

He bought a high-end, five-family townhouse in Harlem, New York, in 2006. News reports indicated that nearby residents were unhappy with having Durst as a neighbor, especially after a real estate agent told a newspaper that Durst had mentioned renting out part of the property and moving himself into one of the family units.

So far, records at the Clark County Assessors' Office don't indicate that Durst has purchased property in the Las Vegas Valley -- which begs the question: What is Robert Durst doing in Las Vegas?

A second edition of Scott's book, Murder of a Mafia Daughter: The Life and Tragic Death of Susan Berman, is scheduled for re-release in May 2013.

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Book Excerpt: The Millionaire's Wife by Cathy Scott

Today's post is an excerpt from the first chapter of Los Angeles Times bestselling author Cathy Scott’s latest true-crime book, The Millionaire’s Wife: The True Story of a Real Estate Tycoon, is Beautiful Young Mistress, and a Marriage that Ended in Murder. George Kogan, a wealthy businessman, was cut down in broad daylight on an Upper Manhattan sidewalk. It's a fascinating read with lots of twists and turns.

A Cool Manhattan Morning

by Cathy Scott

A light rain fell over Manhattan on a weekday morning like any other. But life can change on a dime, and that’s exactly what happened as middle-aged business tycoon George Kogan hurried back to his ultra-chic Upper East Side apartment with a bag of groceries on each arm in anticipation of break- fasting at home with his young lover. The late morning of Tuesday, October 23, 1990, turned out to be anything but a typical day in the city.

On the busy sidewalk, George, who’d recently celebrated his forty-ninth birthday, turned the corner onto East Sixty- ninth Street and headed toward his mid-block building, between Second and Third. As he hurried down the tree-lined street, he didn’t notice anything unusual other than the cool morning temperature. He continued walking toward the canopied entrance to the co-op where he’d lived for the last two years with Mary-Louise Hawkins, a twenty-eight-year-old rising star in the public relations world. Across the street, carpenters noisily worked on the new Trump Palace high-rise apartment building. A few blocks away, Central Park was alive with pedestrians, bicyclists, and joggers as they coursed through the park’s major arteries to their destinations in New York City, where the drone of urban traffic awaited them. George enjoyed walking the neighborhood. He’d lose himself in the bustling sights and sounds of the city. And this day was no different.

Walking from the neighborhood Food Emporium, he looked forward to spending the late morning with Mary- Louise. Quiet breakfasts were how their relationship had moved from platonic to romantic, and they especially appreciated those moments. Plus, George was anxious to prepare for an afternoon meeting with his son, William, who was acting as mediator to nail down an agreeable divorce settlement with George’s estranged wife, Barbara, and bring to a conclusion the marriage that in essence had ended two years earlier.

As George headed home that morning, William telephoned his father’s apartment to confirm their afternoon appointment. Mary-Louise told him she’d have George return the call when he arrived home from the store. George was optimistic about the settlement and finally getting the lengthy divorce behind him, so he and Mary-Louise could move on with their life together. Also uppermost in George’s mind was settling the divorce to help repair the damaged relation- ship he’d had with William, who had sided with his mother after his parents’ separation.

As George continued his walk home, the usual cast of characters were out and about—nannies pushing babies in strollers, residents leaving their high-rises to walk their dogs, business people hurrying to the subway entrance just steps away. George, distracted with the nagging thought of the afternoon meeting, quickened his pace when his limestone building came into view.

He lived in the heart of Manhattan’s Upper East Side, once called the Silk Stocking District, so named for the attire worn by the rich people who had once lived there. Long gone was the 19th-century farmland, as well as the market and garden districts that had peppered the area. Left were skyscrapers, rows of stylish townhouses, mansions, and the occasional walk-up apartment building.

For a millionaire antiques and art dealer who had once had interests in a casino and several properties in Puerto Rico and New York, George lived a surprisingly modest life on New York’s well-to-do Upper East Side—broadly defined as the area from Fifty-ninth to Ninety-sixth Streets, east of Central Park. His living quarters with Mary-Louise Hawkins were definitely nice, although small, with just one bedroom and a marbled-bath washroom. And while the apartment had a prestigious address with the coveted 10021 zip code in a luxurious high-rise complex, it was not quite up to the elite level of Fifth Avenue, which serves as the symbol of wealthy New York, where George once lived with his now-estranged wife Barbara. Still, he admired the high-end building that housed his current apartment.

The Upper East Side has a legacy of outstanding eclectic architecture, including George’s pre-war apartment. The facade of his co-op, a mix of limestone and beige brick, created a grand entrance with its surround and above-the-door stone molding, with tall arched relief details and shallow columns on either side and carved renaissance-style capitals. Above that was a heavy, stately ornamental stone molding.

The variety of styles added a touch of grace and grandeur from a bygone era. As a connoisseur of fine antiques, George appreciated the artistry that went into the face of the building and enjoyed walking through the double-glass doorway, framed in oak, with its etched Art Deco design. What George could not know was that he would never again walk through that entryway, and the anticipated meeting with his son and his soon-to-be ex-wife to finalize the divorce was not to be. What happened next, he never saw coming.

As he neared the entrance to his Sixty-ninth Street apartment, his face flushed from the damp morning air, what he heard next was startling. It sounded like an explosion, most probably coming from the construction site across the street.

“What the—?” George cried out a nanosecond later, when it dawned on him what the noise really was. It was the distinct sound of gunfire.

No, no, no! he said to himself, and then, Mary-Louise!

The force of the bullets entering George’s back thrust him into a forward dive and catapulted him into the air; he landed in a skid on the rain-soaked concrete. He was face down just yards from his apartment lobby. Seconds felt like minutes.

Coins, bills, and groceries—a carton of eggs, a slab of cheese, a bottle of milk, pieces of fresh fruit—tumbled to the ground, along with George.

Sprawled on the sidewalk next to the wall, with his arms stretched out in front of him amidst the scattered groceries and money, George lifted his head and cried out, “Help me!”

The book is available at bookstores and online at Amazon.com.

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A Killer In Our Midst: The John Albert Gardner Story

by Cathy Scott

Crime writers choose the stories we write. Some stories, however, find us. In many cases, it’s the locality of the crime that catches our interest. In other cases, it’s the circumstances. I’m a native San Diegan, so when a high-profile crime happens there, my interest is piqued.

Such was the case with the separate -- but related – grisly tales of the kidnaps, rapes and murders of California teenagers Chelsea King in 2010 and Amber DuBois in 2009. The crimes against these girls were more than disturbing, not to mention particularly sad: two bright, happy teenage girls, with their promising futures in front of them, killed in cold blood under senseless, frightening circumstances.

Their assailant was a disturbed young man -- a sexual predator -- named John Albert Gardner III, who had previously been charged with sexual assault. But Gardner slipped through the cracks, evading notice by authorities, including his probation officer, and left to his own devices to attack again. But, this time, the results were deadly, breaking the hearts of the girls’ families and friends.

California law requires sex offenders to register where they live, not where they go, and, in Gardner’s case, he moved between a couple of counties in San Diego County, dodging registration requirements and evading authorities.

Then, Amber disappeared first, nine months before Chelsea. DNA evidence left at the scene of Chelsea's murder led police to Gardner, who lived with his mother not far from the wooded park where he stalked at least two girls, including Chelsea as she went for an afternoon jog.

It was Chelsea King’s murder that prompted police to dig deeper, at the urgency of Amber’s parents. But it was Gardner, in a successful attempt to save himself, in exchange for prosecutors to not seek the death penalty against him, who led police to Amber’s body.

I began reporting on the Gardner investigation soon after Chelsea's disappearance. Now, I’ve turned the cases into a “true crime short,” which I’ve just released on Kindle, via Amazon.com, and on NOOK, on barnesandnoble.com. The advent of eBooks allows authors to tell victims’ stories without a lot of pomp and circumstance, no book release parties, no book signings, and with a shorter turn-around time to get them in print, albeit electronically.

Thus, I am announcing, on Women in Crime Ink, the eBook release of this true crime short, which I've titled A Killer In Our Midst. It tells the story of John Albert Gardner III, his troubled early years, how he evaded arrest, and the girls he preyed upon.

A Killer In Our Midst is available online at Kindle Book Store and NOOK Books .

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Gabrielle Giffords Continues Her Valiant Fight

by Cathy Scott

For more than six months, U.S. Representative Gabrielle Giffords was kept in the dark, for her own protection and state of mind, about the deadly fate of six victims shot in the January shooting spree that nearly took her own life.

Now, in one of the most poignant moments in the tragic case comes the revelation that Giffords has learned the names of those who died at the hands of a crazed gunman. Prior to that, the senator was told that people had died, but she did not know who.

The 41-year-old Arizona Democrat learned those names after asking her husband for more details--including naming her personal aide Gabe Zimmerman, her friend U.S. District Judge John Roll, and 9-year-old constituent Christina-Taylor Green.

As one TV commentator put it after the news broke that she now knew, Giffords is not only recovering from her injuries but, on top of that, she is grieving the deaths as if they just happened.

It was not surprising that Giffords sensed there was more to the story she'd been told, especially given her slow but steady recovery and rehabilitation from the debilitating injury to the left side of her brain, caused by a lone bullet to her skull.

Giffords' spokesperson, C.J. Karamargin, confirmed with the Republic that Giffords was given the names just days before her surprise visit to Washington, D.C. in the U.S. House chambers to cast her vote for raising the nation's debt ceiling.

“She was deeply saddened by (the news)," Karamargin told the newspaper.

Giffords, who was wounded along with 12 others on January 8 by a lone gunman as Giffords met with constituents at a shopping center in Tucson, Arizona, has undergone brain surgery, facial reconstruction and therapy to regain her ability to walk and speak.

After she learned the news about her aide, she spoke with Zimmerman’s father, Ross, and personally offered her condolences. Giffords “still has some trouble with language, but there is no question that she can get her point across and her comprehension is 100 percent,” Zimmerman told the Republic. "It was Gabrielle – it was nice to talk to her."

Her would-be accused assassin, 22-year-old Jared Lee Loughner, has been diagnosed with schizophrenia and ruled mentally incompetent to stand trial for the killings and alleged assassination attempt of Giffords. Loughner has been housed at a federal prison in Springfield, Missouri, where since July he has been on forced psychotropic drugs to stabilize his mental condition. His attorney fought unsuccessfully to prevent the medication from being given to his client.

Now that she knows the truth, Giffords is courageously continuing her rehabilitation at a center in Houston, Texas, working hard to improve and reclaim the life the gunman tried to take from her.

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What are Prisons Really For?

By Women in Crime Ink

 We've asked our contributors a few questions about the prison system. What is its purpose -- punishment, rehabilitation, or separating criminals from society? Is the system accomplishing that purpose? If the purpose is keeping criminals apart from the rest of society, are there alternatives besides incarceration in prison cells? 

Kathryn Casey:
It depends on the case. For those with life without parole, prisons are nothing more than a holding area, some more humane than others, where dangerous folks are segregated to keep society as a whole safer for the rest of us. For those who might someday get out, prison is primarily punishment, but it does offer, for those who reach out for it, a chance for rehabilitation.

Most of the prisons I've visited, and I've been in plenty down here in Texas, offer literacy and GED programs. Illiteracy is incredibly high behind bars. Yet I remember years ago meeting a convicted murderer who finished high school, got a bachelor's and a master's degree while serving a 60-year sentence. When I talked to him, he was working on a Ph.D. through a correspondence course. An inmate has to seek out the opportunities, and few do. For most offenders, the time in prison is simply punishment and wasted years.

One of the disappointing things is that there's so little treatment for sex offenders and violent criminals in prisons. Most aren't given any treatment at all until shortly before release, despite studies that show these types of ex-cons have high recidivism rates and require years of therapy, if there's any hope at all of preventing future crimes.

Donna Pendergast:

 The prison system aspires to rehabilitate offenders, but it isn't the purpose of the system -- only a goal.

The purpose of prison is to isolate offenders from society to protect the public and to punish offenders.  Unfortunately, although prison may not be a preferred experience, the amenities offered to offenders sometimes strain the bounds of belief. Libraries more extensive than in a prosecutor's office, large screen TVs, and well-equipped work out areas are standard fare at most prisons.  These privileges should be earned, not mandated.  I am not at all for any kind of abusive treatment of prisoners, but the prison experience should not be a posh one. That's why I am such a fan of Sheriff Joe Arpaio, whom I have posted on before.  Although he presides over a county jail rather than a prison, he makes sure that it is not a pleasant experience.  His standard retort to complaining prisoners is "If you don't like it, don't come back.

Katherine Scardino:

Jurors want revenge for a really heinous crime.  A kidnapping, rape or any crime involving a child induces immediate wrath on the defendant.  There is no discussion of rehabilitation.  I truly believe that a juror couldn't care less whether the prison system allows for counseling, education or any other individual assistance. The only issue is "how much does it cost?"  Your question: "why do we have a prison?"  It is, as Kathryn said, a "house" for people who have violated our laws. In capital cases, there are serious problems relating to sensory deprivation, where humans are kept in a box 23 out of 24 hours a day, and fed through a hole in the door.  This is inhuman and more than punishment. But, we say, they deserve this. These people hurt my family, my society, and should not be allowed to join the rest of us. No one disagrees with it. But prison should be more than a holding cell. Prison should be a place where bad people have an opportunity to learn about being better and returning to society as different people -- instead of learning how to be worse than they were when they entered the prison system. This does not help any of us.

Andrea Campbell:

Just as there are different camps on most major issues of any importance, there will always be disagreement on why offenders should be punished, how offenders should be punished, and what constitutes punishment. The common dictionary says quite generally that punishment is loss, severe treatment or suffering. Our prison systems are based on the concept that corrections serve these functions:  1) retribution, 2) deterrence, 3) incapacitation, and 4) rehabilitation. I think we also need to consider two other functions are enumerated: reintegration, and control.

But what about retribution for the victims? This system dictates that the severity of the offense should match the level of incarceration. If some petty, non-violent crook gets nicked, he might be able to do his time at an “honor farm.” Likewise, if a man has been convicted as a murderer, maximum security is probably what he’s earned. This methodology even weighs the type of probation on the same scale. In the aftermath, the probationary attention to follow-up and detail befits the crime similarly. Citizens should like this system, because they feel it shows the moral imperative of “getting tough on crime.” We might think about a new, modern Justice Model of punishment.

Like a “Just Desserts” concept,  it rejects the notion of rehabilitation as key and aims to avoid sentencing disparities. It seeks to match the punishment to the crime with room for variation, with a major difference up-front: To do a re-evaluation of the offender's past record. Then it would institute the type of justice a particular community wants reflected onto the behavior of its citizens. The foundation for the policy is that everyone is responsible for his/her own actions; that rational thought brought them to this end; that the criminal should bear the blame for his/her acts; and that the public needs protection and should be able to legislate punishment according to proscribed dicta of constitutional severity. As far as corrections, I think prisons should be privatized.

Pat Brown:

I think we have to look at two types of prisoners: those who can be rehabilitated and deserving of rehabilitation, and those who can't be rehabilitated nor deserving of rehabilitation. The latter are excessively violent repeat offenders, violent sexual predators and serial killers. Therapy does not "cure" arrogant psychopaths lacking in remorse or empathy; they will always be a danger to society, and they deserve no sympathy from us. Put them away and keep them away. Furthermore, we shouldn't be wasting taxpayer money allowing them to amuse themselves studying and getting degrees while their victims are rotting in the grave or living lives or psychological, physical or economic poverty.

The former group can be divided into two subgroups: those who are willing to be rehabilitated and those who are not. Prisoners should earn their right to favors by the society they have abused and when they earn that consideration by good behavior and hard work, then they can be moved to a rehabilitation facility where they can earn an income and pay for their education and vocational training like citizens do on the outside.

Lisa Cohen:

This topic resonates particularly for me. For most of the last five years, I researched and wrote a book (AFTER ETAN: The Missing Child Case That Held America Captive) about the long, horrific “career” of Jose Ramos, a serial pedophile who damaged countless helpless children in the '70s and '80s (including Down's Syndrome and mentally challenged boys). He was finally locked away from any future victims in 1986 and has served the last 25 years in prison.  A generation of children have been safe from him. But in 2011, he’ll max out and will walk free unless someone can figure out a way to stop him. He’s never completed a sex offender program and has never taken responsibility for the worst of his crimes.

The father of Etan Patz, the boy Ramos almost certainly kidnapped, raped and killed, has said Ramos should never be released from prison.  “He’s a predator,” Stan Patz told me,  as well as a 60 Minutes audience, “and he should never be allowed near children again. He should be kept behind bars until he’s too old to walk.” His is a compelling argument.

But for the last year, I’ve been involved in a very different project, albeit on a related topic. "ONE LAST SHOT: A Story of Redemption," is an ongoing documentary I’ve been directing. It tells the story of inmates at maximum security Angola Prison, home to Louisiana’s Death Row and some of the most hardened criminals you will ever meet. Half of them are killers; 85 percent will die at Angola. The particular inmates I’m focusing on staff a hospice at the prison, where they help dying fellow inmates to a humane death, something most of them cheated their own victims out of.

I’ve now spent time with several of these men. Many committed their crimes decades ago. So did Jose Ramos.  They are soft-spoken and articulate. So was Jose Ramos whenever I talked to him.

But I watch as these hospice volunteers clearly care about their dying patients. They feed them, clean them, comfort them.  Sometimes they change their diapers.  They watch them slowly waste away and eventually die, holding their hands as they slip away.  They treat each other and their hospice colleagues with respect.  They speak eloquently of developing compassion, of nurturing their humanity. They say they seek redemption.

They seem different than Jose Ramos, and they want to send that message via this documentary. As I continue to film, I hope to learn for myself whether that is true.  If so, then programs like prison hospice, inmate counseling, religious rehabilitation, are worthwhile and need to be promoted.  I’ve heard over and over while at Angola the credo: “A man’s entire life should not be judged by his worst act.”  

Cathy Scott:

I'll quote my friend Kevin Powell, an author and a Brooklynite through and through who cares about his rundown community and is running for a seat in U.S. Congress.

One leg of his campaign platform is "rid the 'hood of crime and pollution." He says that includes redirecting imprisonment dollars into education and enhancing "alternative strategies to lower incarceration rates." He also calls for abolishing the death penalty. "These actions," he says, "will reduce the rates of recidivism while creating opportunities for success." As the late Chief Justice Warren Earl Burger once said in his "Factories with Fences" speech, "We need prison reforms that will encourage offenders to earn and learn their way to freedom." I'm with Powell and Burger. Change is needed, and giving inmates the tools they need is paramount for them to live as non-offenders and contributing members of society outside the prison walls.

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Smoke and Mirrors: The Truth About Las Vegas

by Cathy Scott

Watching Las Vegas Mayor Oscar Goodman’s indignation over recent advice by President Barack Obama to a New Hampshire audience to not waste cash in Las Vegas was reminiscent of a similarly indignant Goodman a decade earlier. 


Goodman, a former criminal defense attorney and self-described “mouthpiece for the mob,” spent 35 years defending the nation’s most notorious underworld figures. His clients included mobsters Meyer Lansky, Anthony "Tony The Ant" Spilotro and Frank "Lefty" Rosenthal, the latter two portrayed in the film Casino by actors Joe Pesci and Robert DeNiro. Goodman, also in the film, played himself–a lawyer for the mob. 


So it came as a surprise in 1999 when Goodman tried to deny the mob’s existence in Las Vegas. It was during Goodman’s mayoral run, when he issued a statement in the midst of a colorful Las Vegas trial of two reputed Mafiosi charged in connection with the 1997 execution-style murder of another gangster, Herbert “Fat Herbie” Blitzstein. The trial spotlighted the very kind of mob activity that officials, other than Goodman, had insisted, year after year, no longer existed in Las Vegas.

It started in the early 1990s, when the Nevada Gaming Commission released the first of several statements assuring the public that the FBI had forced the last of the mob out of Las Vegas in the 1980s. That was not true, of course. Goodman himself had represented Spilotro in a mob trial in the mid-1980s, shortly before Spilotro was buried alive and left for dead in an Indiana cornfield. Blitzstein was a co-defendant with Spilotro in that trial. After Spilotro’s murder, Blitzstein pleaded guilty and went to prison. He was released in the early 1990s and returned to Las Vegas, picking up where he had left off.


The 62-year-old Blitzstein ran a downtown auto-repair shop that fronted for his rackets. Authorities said he ran loan-shark and insurance-fraud racketeering operations out of the shop. 


In January 1997, Blitzstein was gunned down in his town house. Federal prosecutors later contended that mob families in Los Angeles and Buffalo, N.Y., had ordered Blitzstein’s hit so they could take control of his business. 


Then, in May 1999, Goodman, as a mayoral candidate, issued a press release declaring the streets of the city free of traditional organized crime.


"For the last 15 years," Goodman said, "there hasn't been a mob presence here." 


Coincidentally or not, Goodman issued that statement from his law office, which was around the corner from the U.S. District courthouse where the Blitzstein murder-related trial was well underway. Testimony in that case, which was heavily covered by the media, related to the life-and-death saga of Herbert Blitzstein–who had been Spilotro's right-hand man–provided new details about Las Vegas street rackets. For example, the 12-count racketeering indictment handed down in the case named 10 defendants charged with offenses ranging from Mafia-related murder-for-hire to racketeering. 


The trial surrounding Blitzstein’s murder, which ended with most of the defendants pleading out to lesser crimes, was the last Mafia-related trial in Las Vegas. 


Blitzstein’s murder also marked the last mob hit in Sin City. But don't tell Oscar Goodman. We'll just keep it between us.

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