"My project is a rendezvous I give myself on the other side of time, and my freedom is the fear of not finding myself there, and of not even wanting to find myself there any longer." – Jean-Paul Sartre

Do magistrates have the right to express themselves freely, must they be politically correct at all times, or is a more plain worded description allowed from time to time?

My good friend on Twitter, @dcd_barrister, alerted me to this article. Magistrate Austin Malloy is in trouble for speaking his mind. According to his law clerk,  Christine Dean, he was too frank! She  challenged Mr Malloy in open court, saying he had used ‘inappropriate language’. She then encouraged one of the boy’s mothers to go ahead with her plans to make an official complaint.

The magistrate described two boys as “absolute scum” for vandalising the Blackburn Cathedral and he has been warned that he could face disciplinary action. He has been removed from his post as chairman of the bench while he is investigated by the court. Magistrate Malloy has been on the bench for the past 18 years. He criticised two 16-year-olds at the town’s youth court after they caused £3,000 (approx. $4297) worth of damage. The teens wrote sexual and racist graffiti on prayer books and bent an ancient St John the Baptist cross after being invited to have a look around the cathedral.

Magistrate Malloy said at their sentencing hearing the following:  ”This court is disgusted by the mindless destruction you have caused. Normal people would consider you absolute scum.” At that, the law clerk jumped up and told the magistrate that this was not an appropriate description of the two teens whose identities cannot be revealed due to their age.

We are not sure what the clerk was considering here. Maybe the wording in a place of justice? Maybe she was considering the boys’ self esteem and self respect? Maybe she just does not like Malloy!

So now I ask you: how inappropriate was this magistrate? Thoughts anyone? Do you agree with the law clerk? Would you have protested to those words? Or, do you think those words are not severe enough to warrant removing a magistrate from the bench? And last, is the the best way for a clerk to voice differences of opinion with the magistrate?

Let me introduce you to one of Malloy’s supporters: the father of one of the boys, who along with his son cannot be named for legal reasons, who backed the magistrate’s choice of words. He said: “I totally agree with what Mr Malloy said and I’ve not got a problem with him whatsoever. I back him 100 per cent. As far as I am concerned Mr Malloy should get his job back. The whole family is absolutely disgusted with what our boy has done and he knows we are disgusted. I’ve worked my whole life and my son was brought up as a Catholic boy going to church, so why he has done what he has done, I don’t know.”

His son, known as Boy A, was given an 18-month supervision order and ordered to pay £1500 compensation costs, while Boy B was given a 12-month supervision order and ordered to pay £100. The duo was caught after signing their names in the visitors’ book…priceless!

The mother of Boy B has made an official complaint, but Boy A’s dad said, “There will certainly be no official complaint from me. He has been a stupid boy.” Mr Malloy said he was pleased by the dad’s backing, adding, “I am obviously very encouraged by the support given by this man.”

Magistrate Malloy was set for a face to face showdown with court officials to discuss his future yesterday and attended an ‘informal meeting’ at 10am. The Chairman of the Bench and the Justices’ Clerk are working together to find out exactly what happened in court with a view to determining whether any further action is required. In the meantime, Mr Malloy has agreed not to act as a Bench Chairman though he will continue to sit as a magistrate.

But the four-hour meeting with officials resulted in Mr Malloy being ordered to appear before a full disciplinary panel. He declined to comment as he left Blackburn magistrates court yesterday. But he app­eared shocked that the matter was being taken further.

Vidocq is shocked that this description of what Mr Malloy said is taken this far. Have judges not said things far worse? Have they all been removed? If showing respect for these two teens is the issue how about talking about a clerk who challenges a judge in open court! She could have faced him and given him a signal to sidebar but no, she challenges in open court showing utter disrespect for the judge, the law, procedure and for the integrity of the court room. But Vidocq cannot find any news articles that deal with that showing of disrespectful behaviour!

More information will be posted here as soon as it becomes available. To be continued…

The BBC article is here.

President Barack Obama paid tribute Saturday on behalf of a grateful nation to law enforcement officers who made the ultimate sacrifice while safeguarding their communities.

Americans “rely on a certain order in our lives, a certain sense of security that lets us sleep safely in our beds and walk around our neighborhoods free from fear and go about our daily lives without being the victims of crime. That sense of security doesn’t come on its own,” he said in brief remarks on the west front lawn of the Capitol during Peace Officers Memorial Day, which honors officers killed in the line of duty. “What makes it possible, what makes freedom possible, are the law enforcement officials that we honor today,” he said. The event is part of National Police Week, an annual tribute to law enforcement service and sacrifice.

Figures from the National Law Enforcement Officers Memorial Fund show that officer deaths declined from 138 in 2008 to 116 in 2009. That’s the fewest line-of-duty deaths since 1959, when there were 109, according to the data. More officers died in traffic-related incidents in 2009 than from any other single cause of death, but the number killed by gunfire increased by more than 20 percent, according to the group’s report.

In the spirit of honouring fallen law enforcement officers, I’d like to pay tribute to Patrol Officer Robert Lawrence Tatman. Officer Tatman was killed by gunfire on November 25, 1967. Dispatch never expected to hear this call. When police arrived, they found one of their own near Interstate 57, dead. Police found Tatman lying on his back in front of his own squad car, its motor still running, it’s revolving lights still on, and the front door at the driver’s side open. His flashlight was lying on his left side. His hat was on the ground near the curb. He had been shot at very close range with a .38 caliber revolver, on the right side of his chest, approx. 3 inches above the elbow. He was 27 years old, married with children.

The cause of death was severe hemorrhage due to a single bullet that went through both lungs resulting in shock. Tatman died within minutes after being shot. Judging from paraffin tests of Tatman’s hands, it seemed that his gun was taken from him and pushed into his ribs. He then obviously tried to grab the gun but it went off. The murder weapon was his own service revolver, found lying at his feet. Judging from the position in which the body was found, the absence of blood trails, the lack of wounds on Tatman’s back, clothes, shoes, and the back of his head, we conclude that his body had not been moved. Tatman died where he fell to the ground.

To this date, the city of Champaign, Illinois, honours its two fallen officers and have named streets after them. They are Officers Thomas Dodsworth and of course, Robert Tatman. Dodsworth died on July 6, 1913, during a gun battle with a local junk dealer when Dodsworth, a day sergeant, and then Champaign Police Chief Keller, who was wounded, attempted to serve the man with an arrest warrant for liquor violations. The killer, Ray Williams, was fatally shot in the incident. Dodsworth had served with the Champaign Police Department for eight years. He was survived by his wife.

We know what happened in Dodsworth’s case but we do not have all the answers in Tatman’s case. So here is my tribute to all fallen law enforcement officers: I will not give up looking for answers in Tatman’s case. I know the answers are out there and one day, I will find a way to extract every exquisite ounce of information out of the right people. If anything motivates me to reinvestigate cold cases, it is the “why” and one day, I wish to be able to sit down with the Tatman family and explain to them why they lost their beloved.

Rest in Peace, Officers Dodsworth and Tatman. Thinking Fluidly salutes you.

Superior Court Judge John J. Nazzaro began hearing evidence on Monday, May 3, 2010, in the case of Richard Lapointe. You can follow that case on my website www.defrostingcoldcases.com.

Who is Lapointe? A man I believe to be wrongfully sentenced to life plus 60 years. A man, so mentally challenged, that he would confess to a rape-murder he did not commit. Peaked your interest? Than please follow this link to my post “Who really killed Mrs Bernice Martin?” I am happy to report that the defense now has what was not available in 1987…DNA! But will this judge listen?

Anyway, the witnesses being called make me want to pull my last remaining hairs out. The “I don’t know-s” are abundant! That reminded me of the movie “My cousin Vinny!” I long for witnesses like Ms Vito in the Lapointe hearing!

One of my last posts was about Florida changing its Hate Crime Laws to include the homeless in the categories of people deserving special protection. Many of you emailed and asked why to add another category, and, is the situation for homeless people that bad?

BBC

In answer to the latter, just look at what the BBC posted about what happened in New York City to Mr. Tale-Yax, a homeless man, 31 years old, from Guatemala. He was stabbed after coming to a woman’s aid. Then, this homeless man was left to die while passers-by ignored him, as CCTV footage showed.

This is the story: on the security camera video, a woman is seen. She is being followed by a man who then appears to attack her. Mr. Tale-Yax walks towards them to help the woman. Off-camera, he is stabbed several times while trying to help. The camera captures the apparent attacker running away. Mr. Tale-Yax was stabbed repeatedly and collapsed. Many people walked by as he lay bleeding to death on the pavement. Where was the woman who seemed to need help? Why did she not help this man? More than an hour and a half went by before someone packed up the courage to see whether this man needed help.

Now change this story: instead of Mr. Tale-Yax trying to help this woman, a young man comes to the rescue. He is clean shaven, his hair washed, and his suit is neatly pressed. His is holding a to-go coffee cup, a folded paper under one arm, and a briefcase in his free hand. He runs to the woman to help, chases the attacker, and fights him. This young man gets stabbed and the attacker runs off.

The difference here is that as soon as this young man started running to assist the woman, he would have attracted the attention of others who would have joined in. He set the right example! Others would have responded with frantic 911 calls from cells phones the second they realized what was going on. And when this young man collapses on the pavement, they would have offered jackets to use as a pillow under his head, they would have tried to stop the bleeding, not even being worried about getting dirty in the process because they would have been determined to save this young man’s life! He is their hero! And they would be angry if the ambulance arrived within 2 minutes instead of one because after all, there was a life at stake here!

Switch back to reality.

The true hero, who came to a woman’s rescue, is not someone who leaves us with great first impressions in contrast to my fictional young man. No suitcase, no smell of shampoo, and no appearance that would make us smile and greet him on the streets. No, this is just another homeless person, just another nuisance, and why the heck did he need to lay here on the pavement? I bet many of the people who just walked past did not even notice that this man was fatally wounded!

Do we treat homeless people differently? YES!

Until we can find it in our heart and conscience to treat all people equally, the authorities need to set an example. Florida did just that by amending their Hate Crime Laws.

This example shows that they are serious about striving for equality for all and if you do not wish to listen, they will spell it out for you during your sentencing hearing. And until we all listen, we will probably need these laws. They may not be prefect but they just might be the best we have.

As usual, I welcome your comments. My deepest sympathy to the family of Mr. Tale-Yax. May he rest in peace.

The BBC article is here.

Hackers have always been an important part of the IT scene. It’s only recently that our place has been recognized in the mainstream. I believe that in the hacker world as well as the corporate IT world, portability is key, and I mean that on all levels. Let me explain.

There have been countless times where I’ve been out away from my headquarters and I’ve needed a service or something that I have back at my computers. These are just a few tips and ideas of how to stay portable in a world that may demand more mobility from you.

First, set up your home or office workstation to be ready to run services whenever you need it; with proper security in mind of course. The towers at my headquarters are all running Gentoo Linux with various services (network analysis, password auditing, and other tools), and file storage. It’s accessible through encrypted ssh connections from anywhere on the internet. This is a basic setup that most advanced computer users should already know about, but it’s a great place to start if you haven’t already.

Next, I have a 4GB USB flash drive with a few tools that make my business 100% portable. On the flash drive I have a bootable System Rescue CD (sysresccd.org) and Portable Apps (portableapps.com) ready for use. Some of the portable apps include an SCP/SSH client for remote access back to my workstation, Open Office for document editing, a portable CD burner (provided that the drive on the machine the flash drive is plugged into has an RW drive), and other very handy items. Although the flash drive is a critical piece of my portable ensemble, I also carry the System Rescue CD in CD and DVD format just in case my target machine doesn’t have booting by USB as an option. Along with the rescue CD, I hold various distros of Linux just in case their assistance is needed in some unforeseen way.

Now that our command center is setup and we’ve got a portable pack of tools, let’s take a look at the business side of things. It used to drive me mad when I would network with a future client and I wouldn’t have a business card with me ready for exchange. While this was entirely my fault, I was sure never to let that happen again. So I made it a point to have business cards in my laptop case, car, wallet, and any place I could think of where I find myself running into potential future clients.

With just these few adjustments to your business lifestyle, I’m sure you’ll find your productivity increase tremendously. So, remember to track progress in your success and Happy Hacking!

Hackers aren’t criminals. We’re the innovators!

CNN reports that “recent court fights over the videotape of a killer whale attack at SeaWorld in Florida and a writer’s request for investigative photos of a slain Georgia hiker’s body are rekindling a familiar debate: where should the line be drawn between the public’s right to know and a crime victim’s family’s right to privacy?”

The article mentions Mrs. Larson whose daughter, Sonja, was murdered in 1990 by serial killer Danny Harold Rollings a.k.a. the Gainesville Ripper. Rollings left behind gruesome crime scenes. As part of his ritual, he left his female victims’ mutilated corpses in grotesque poses. Along with the families of the other victims, Larson fought in court to seal the autopsy and crime scene photos. Alachua County Judge Stan R. Morris ruled to allow the public and the media to view 700 grisly crime scene and autopsy photos, under the condition that no copies could be made. Morris found that allowing the public and media to privately inspect but not distribute the investigative photos posed no risk that the victim’s families would be exposed to them. “In 16 years, no one has ever challenged it,” the judge said.

Larson sees no need to release the video showing the death of SeaWorld trainer Dawn Brancheau. In March, Florida Circuit Court Judge Lawrence Kirkwood granted a temporary injunction against the release of the video and ordered mediation for all parties wanting access.

Florida media attorney Rachel Fugate, who specializes in First Amendment and public access cases, will be participating in the mediation on behalf of The Orlando Sentinel, The Tampa Tribune, The Lakeland Ledger, and WFLA-TV. “We are not advocating that the photographs be released or that they be published or broadcast in any manner,” she said. “We want the opportunity to inspect.” As Fugate sees it, the public is served by the independent verification the media can provide, especially in cases involving competing or inconsistent versions of events.

Jon Mills, the attorney for Brancheau’s family and media attorney Tom Julin worked on opposite sides during the Gainesville 1990 killings and the Dale Earnhardt case. Julin represented the University of Florida’s student-run newspaper, The Independent Florida Alligator.

Julin says the Earnhardt case was of particular importance because it proved first-hand the need for independent verification. After Earnhardt’s death during a race, NASCAR announced the results of an internal investigation. It had concluded that a faulty seat belt harness was to blame for his fatal head and neck fractures. Skeptical of these findings, media outlets attempted to obtain Earnhardt’s autopsy records and photos, but the family filed an injunction to seal these documents. After mediation, the media agreed to appoint an independent expert to review the autopsy documents and file a report. The report concluded that Earnhardt’s death was the result of inadequate restraints, not a broken seat belt harness. The findings led to several safety improvements in the race car industry.

There is something to say for both sides, obviously. Vidocq is highly in favour of independent experts (chosen not only for their knowledge but foremost for their integrity) having access to these files provided their reports do not contain any pictures and that the investigation served either the purpose of research and education or to settle a dispute that might lead to a miscarriage of justice if the files are not inspected one more time.

This reminds me of the Columbine files.

In April 2007, U.S. District Judge Lewis Babcock ruled that the depositions of the parents of Eric Harris and Dylan Klebold will be kept under seal in the National Archives for 20 years. No one, including violence prevention experts, can see them until they are unsealed, Babcock ruled. The files will be kept permanently in the National Archives, where they are considered to be of historical value. “I am mindful that there is a legitimate public interest in these materials so that similar tragedies may hopefully be prevented in the future. I conclude, however, that the balance of interests still strikes in favor of maintaining strict confidentiality.” The federal judge said he was concerned that the release of detailed information about the events of April 20, 1999 would lead to copycat shootings. The depositions of the parents took place in 2003 in connection with a lawsuit filed by the families of five slain Columbine High School students.

Colorado Attorney General John Suthers, who had argued that a nationally known violence prevention expert should examine the depositions, had mixed feelings about the ruling. “We are pleased they are going to be kept on file and not destroyed. At the same time, we are disappointed that the judge said it isn’t in the best interests to allow experts to look at the records and learn from them.”

So we have lawyers who argue that their experts need to study the files to gain knowledge about serial killers, to prevent further killer whale attacks, or to see whether a belt was indeed the cause of the injury. And we consider a panel of experts to have access to those files. But, in the case of Columbine, where further study could help keep entire buildings and campuses safer, we simple stash the boxes away until 2027 for the sake of strict confidentiality and ignore the fact that we have seen many examples of disturbed teens who still glorify Klebold and Harris’ actions.

Vidocq is in favour of making all the above mentioned files accessible to a group of experts of diverse disciplines. These experts must be chosen by their peers and their conduct must be monitored by a committee that also reviews the final reports before they are made public. I sincerely believe we can learn from the depositions in the Columbine files. I also see the need to study photographs and autopsy reports to determine the exact cause of injury especially if there is someone on trial in that case.

But I highly oppose the unrestricted public distribution of crime scene photographs and autopsy pictures. I agree with the victims families. Their loved ones were treated in the most heinous and dehumanizing manner. We owe them dignity and respect.

What do you think?

The Texas Court of Criminal Appeals may be indifferent to the truth in the Hank Skinner case (focusing only on procedural questions), but Chromosomal Laboratories in Phoenix, Arizona, isn’t!!!

In response to a plea by the Innocence Project, Chromosomal Laboratories in Phoenix, Arizona has offered its accredited DNA testing services to help pursue justice. The offer was made to the Honorable Rick Perry, Governor of Texas for testing DNA evidence that could prove the innocence or guilt of Hank Skinner. Mr. Skinner is set to be executed on March 24th for the murder of his girlfriend and her two adult sons, which he was convicted of in 1995. The Innocence Project has asked that concerned individuals to urge Governor Perry to order a stay of execution until the testing can be completed.

While the Innocence Project does not maintain the innocence or guilt of Mr. Skinner, as they do not represent him, they point out that everything possible should be done before Mr. Skinner pays the ultimate price in what may be a colossal miscarriage of justice. When simple DNA testing may help prevent such a miscarriage, it seems implausible that the Governor and State of Texas would allow the execution to proceed. In order to help prevent this, Chromosomal Laboratories has decided to offer its services without any fees. We hope that the great State of Texas will accept this offer in the manner in which it is intended, to help promote justice.

About Chromosomal Laboratories, Inc.: Chromosomal Laboratories, Inc. is a full service DNA laboratory that specializes in providing advanced DNA testing for forensics, paternity, immigration and other relationships that can be resolved through DNA identification. Chromosomal Laboratories also provides research and development and DNA consulting services. The company is based in Phoenix, Arizona. There website is here.

Read more here.

According to Statcounter, In search of Jane, Grant and Arnna is the most popular, most visited case.

Jane Nartare (9), Arnna Kathleen (7), and Grant Ellis (4), known as the Beaumont Children, disappeared from Glenelg Beach, near Adelaide, South Australia, on January 26, 1966. Their disappearance is to this day Australia’s best know cold case.

Thank you, Australia, for visiting my website. I sincerely hope that one day we will find answers in all of these cases. In the meantime, please read as many cases as you can, and forward them to friends. Maybe one day, it reaches that one person whose information is that lost puzzle piece we have been hoping to find. I certainly will keep looking.

Yours, Vidocq