The Final Chapter: The Jury is Out

By Donna R. Gore, M.A. "LadyJustice"

“Perhaps catastrophe is the natural human environment… and even though we spend a good deal of energy trying to get away from it; we are programmed for survival amid catastrophe.” Germaine Greer 

December 5, 2011 marks the first day of jury deliberation in the trial of co-defendant Joshua Komisarjevsky. It happens to be the 4 year, 5 month mark since Jennifer Hawke-Petit and her two daughters, Hayley – 17 and Michaela – 11 were the victims of the most heinous crime imaginable in Connecticut…and nationally!

Stalking, kidnapping, home invasion, physical assault, restraining, sexual assault and rape, torture, asphyxiation, arson and MURDER- they all occurred in one household in the span of a few hours on a quiet street in Cheshire, Connecticut.

One of the many “bones to pick” with the legal system, is the fact that the jury is not able to see photos of victims or hear victim impact statements during the penalty phase…only during the sentencing phase after they have rendered their decision. However, this was not the case with the defendant! Jennifer’s sister, Cindy Hawke Renn believes, as many others do, that this is a distinctly unfair and does not allow the jury to be educated.

[LJ- There must be a pre-existing judicial rule for this…. Why is it that the defense can attempt to call upon the juries’ sympathies for the defendant, and not have an equal balance for those who are murdered during the penalty phase?]

The following is a summary of the virtual roadmap they must follow weighing mitigating and aggravating factors… It’s a bunch of gobbledygook legal maneuvers in LJ’s opinion, designed to give the perpetrator every chance in the world … but that’s the way it is…

What a chore…. If a jury member takes their responsibility with all seriousness and keeps to the letter of the law. Here’s what they must decide…

The defense's burden of proof for establishing mitigating factors is less than the burden that the prosecution bears in establishing aggravating factors.

First, the jury will evaluate two statutory mitigating factors — whether Komisarjevsky's "mental capacity was significantly impaired" or his "ability to conform his behavior to the requirements of law was significantly impaired," as well as decide whether Komisarjevsky's role in the killings was minor.

If the jurors find at least one mitigating factor under the statute, the death penalty cannot be imposed.

If no mitigating factors are found, then the jury must decide whether Komisarjevsky committed the murders in an especially heinous, cruel or depraved manner and whether he created a grave risk of death to another person. These are called aggravating factors.

If jurors do not unanimously agree that an aggravating factor exists, their task is over and Komisarjevsky will be sentenced to life in prison without the possibility of release.

If they determine that an aggravating factor exists, the jurors must do so "beyond a reasonable doubt" and proceed to the next step.

The jury will then move on to the 42 additional mitigating factors claimed by the defense.

These factors, which are not covered by statute, focus mostly on Komisarjevsky's background, his mental health, his employment record, his cooperation with police after the slayings, the value of his life to his family and the defense's assertion that he has been a well-behaved, productive prisoner.

If none are found, Komisarjevsky will be sentenced to death.

If the jurors agree unanimously that at least one of these factors exists, they then weigh the aggravating factors against the mitigating factors and determine which prevails.

They can identify different factors, as long as they all agree that one is present.

If they find that aggravating factors outweigh the mitigating factors, Komisarjevsky will be sentenced to death. If not, the sentence is life in prison. Our collective thoughts and prayers are with the Hawke-Petit Family while they wait…while the nation watches the final chapter of this unbearable burden.

“There is a land of the living and a land of the dead and the bridge is love, the only survival, the only meaning.” Thornton Wilder

To read more of Donna Gore's posts, and learn more about "LadyJustice," refer to her website: www.donnagore.com Donna is also a Featured Columnist for Here Women Talk.

Mary Fetchet – A 9/11 Voice Extraordinaire

By Donna R. Gore, M.A. "LadyJustice"

Prelude to a crusader: Musical link: http://www.youtube.com/watch?v=6xuVHgz1tJk

Please listen to Dame Shirley Bassey “You’ll Never Walk Alone” (2 min, 24 sec)

Much has been written about 9/11. Although Ladyjustice is a confident writer after all of these years, even as a homicide survivor, how does anyone do justice to such an event? ‘Nearly impossible! There have been numerous memorials in every state, dedications, fundraisers, media tributes and movies as well as personal gestures from young and old alike.

Amid considerable tears, LJ watched the 10 year anniversary television coverage on a recent Sunday and was witness to the spectacular, well planned and executed Ground Zero Memorial. This site was indeed awe producing, an environment that was inviting and personally serene as well. Can’t wait to order my ticket and attend before the winter snow flies….

For all of the cynical blog comments noted, including, “F----- it, Move on…” this blogger states unequivocally that you don’t deserve to breathe the same air as the rest of us… You are self-centered, selfish and totally devoid of compassion! You will never, ever understand homicide…unless you experience it up close and personal! But… on to others much more deserving of ink…..

Mary and Frank Fetchet are a couple living in Fairfield County Connecticut (on the doorstep of New York City.) They happened to have a son Brad, 24 years old, who was working in the World Trade Center Towers on that fateful day. Brad left a reassuring phone message for his mother stating essentially that…”I’m fine… Don’t worry. We’re in the other tower. They may even let us out of work early.”

How wrong he was…. Brad’s father, Frank stated that at the time, he felt confident that as his son was “innovative and streetwise” he would probably find his way out. He did not…. He perished with many others.

In Ladyjustice’s opinion, the best account ever that encompasses all aspects of 9/11 with a tremendous amount of information is the former Court TV 2005 documentary called, “On Native Soil.” This work is an engrossing, touching and shocking journalistic film told from many perspectives. It provides the viewer a courageous example what homicide survivors are capable of when given the will and determination. The fact that a small group of surviving families collectively “turned the government tide” and overrode Congress and the wishes of President Bush is truly unprecedented!

The primary force behind this tremendous feat was social worker and mother of Brad Fetchet, Ms. Mary Fetchet. The “Voices of 9/11” was created by a small group of Fairfield County, Connecticut and New York surviving families after the terrorist bombings and became recognized as the premier organization addressing the ongoing needs of family members of nearly 3,000 murder victims, rescue workers, and survivors whose focus is prevention, preparedness and response related to terrorism.

The Critical Time:
The end of 2001 and 2002 was the critical time in which survivors came together for very important reasons: to find answers; to hold those responsible accountable; to improve the status quo; to seek comfort and to memorialize their loved ones in a meaningful way.

According to detailed information offered in On Native Soil,” the quest for answers was indeed a bumpy road. Congress had oversight of governmental agencies such as the CIA, the FBI and the FAA. All of these agencies, as well as the Bush and Clinton Administrations “passed the buck,” dropped the ball” and failed miserably!

On June 2, 2002, the families representing 9/11 victims were denied a Federal investigation. The 9/11 families were shocked and appalled to say the least. As Mary Fetchet put it, “I was naïve enough to believe that people would do the right thing.” Following the denial, Senators Joe Lieberman (D- CT) and John McCain (R- AZ) introduced a resolution to Congress. It failed… After an all night vigil, family members, “faced down” President Bush’s Assistant for Legislative Affairs, Nick Calio. Calio approached the President and told him despite Washington’s opposition, fearing what would be uncovered, they had no choice but to ‘give in to their demands.” There were 12 public hearings within a 16 month period. The failures and incompetencies revealed as one views “On Native Soil” were absolutely unbelievable!

The consensus among surviving families was that there was frequent lack of cooperation with Committee member’s questions, stonewalling, and a total lack of responsibility or accountability. “I’ll have to get back to you on that”; ”I wasn’t in charge when “X” occurred,” were typical responses. And one of the few tangible accomplishments three years later when the final report was issued, included a new government position known as the “Director of National Intelligence.” Next were the tasks of creating legislation from the recommendations and implementing them for the benefit of the masses and future generations. This is still a work in progress.

Mary Fetchet: The Person; the Director and her Accomplishments

 

 Mary Fetchet, LCSW Founding Director - Voices of September 11th

Mary Fetchet is the Founding Director and driving force behind VOICES of September 11th. A professional social worker and former educator, Ms. Fetchet co-founded the 9/11 advocacy organization following the death of her 24-year-old son, Brad, in the attacks on the World Trade Center.

Ms. Fetchet's mission: to create an organization that addresses the ongoing needs of families of the nearly 3,000 victims, rescue workers and survivors while promoting awareness for prevention, preparedness and response related to terrorism. Her firsthand experience as a social worker and victims’ advocate has uniquely influenced the evolution of VOICES in creating programs that anticipate the long-term, intergenerational needs of 9/11 families and survivors.

Headquartered in New Canaan, CT. with a recently opened second office in New Brunswick, N.J., VOICES is a grass roots family advocacy group providing support and navigating complicated political systems for over 11,000 members. The international organization serves as a clearinghouse of information for 9/11-related issues, offers links to related resources and provides an expanding range of services. Programs include: support groups, lectures, Day of Remembrance events and forums as well as outreach to all those affected by the events of September 11th.
Providing Information, Outreach and Programs

VOICES experienced staff provide information, outreach and programs on the many aspects of post-9/11 life, with a particular focus on helping 9/11 families, survivors, rescue and recovery workers and others affected by fostering resiliency through family-based mental health programs.

In September, 2006 VOICES launched the 9/11 Living Memorial Project, a digital archive commemorating the lives of the nearly 3,000 lost at the Pentagon, Shanksville, PA and the World Trade Center site and documenting the first hand accounts of rescue workers and survivors.

VOICES professional staff has conducted hundreds of workshops throughout the United States and met one-on-one with over 800 families to create a meaningful tribute to their loved ones.

The 9/11 Living Memorial Project has grown to an extensive collection of over 30,000 photographs, written materials and personal keepsakes shared by those impacted that tell a meaningful story that will preserve the stories of 9/11 for future generations.

Ms. Fetchet has achieved significant local and national praise for her advocacy work. A strong advocate for raising national and local preparedness, Ms. Fetchet campaigned for the creation of the independent 9/11 Commission and continues to promote the implementation of the Commission's recommendations for government reforms. She has testified before the 9/11 Commission, and before the United States Senate and House of Representatives on five occasions. She has made countless appearances on national television programs, and frequently contributes to print and radio news media.

Ms. Fetchet has served on a number of advisory boards and organizations including: The Family Steering Committee for the 9/11 Independent Commission, the National Homeland Defense Foundation, the National Traumatic Stress Network, the Coalition of 9/11 Families, the Family Advisory Committee of the Lower Manhattan Development Corporation (LMDC), Columbia’s WTC Evacuation Study as well as the Homeland Security Advisory Council's Homeland Security Alert System Task Force.

Ms. Fetchet's work has brought her substantial recognition that includes being a recipient of the National Justice Award in 2003 and being presented with the 'Connecticut Hero' award by Senator Joseph Lieberman in September 2004. She was also named an ABC News Person of the Year in December 2004. Other honors include a 2005 Red Cross Award, a 2005 Rotary Foundation Paul Harris Fellowship, and a 2006 "Connecticut's Most Uncommon Women" award. A graduate of Columbia University with an M.S. degree,

Ms. Fetchet worked as a clinical social worker at Bridges, an outpatient mental health clinic in Milford, CT. She lives in New Canaan with her husband Frank, and has two surviving sons, Chris, age 22, and Wes, age 29.

Mary is a tireless advocate for all 9/11 families. To use a familiar comparison to many readers, she is the “Susan Murphy Milano” representative for surviving families suffering from the most horrendous terrorist event in history. She carries the torch for all survivors…. Ladyjustice knows very well that government operates by its own rules, is steeped in bureaucracy, often for no good reason, other than “tradition,” creates its own problems and is often quite disillusioning to the average person. [‘Just like the criminal justice system!] Are we not surprised that it takes sane and reasonable people so long to recover, not only from their tragedies… but by adding insult to injury when forced to deal with the endless frustrations and obstacles encountered by all of these entities?

We are so proud of you , Mary!

Opportunities….
To view a wonderful video   “Voices of  9/11  A Take Part Short Film,” go to link: http://www.youtube.com/watch?v=9zyuaeiY1aU.
To visit their website and donate: please go to: http://www.voicesofseptember11.org/dev/index.php
To purchase a copy of “On Native Soil,” go to:
http://www.amazon.com/Native-Soil-Kevin-Costner/dp/B000FWHW7C

To read more of Donna Gore's posts, and learn more about "LadyJustice," refer to her website: www.donnagore.com

Landmark Domestic Violence Legislation: Tracey Thurman vs. Torrington, CT Is There a Downside?

By Donna R. Gore, "LadyJustice"

Who would have thought that two Connecticut cities would be prominently known by the eyes of the world for horrific crime and subsequent landmark legislation? Virtually everyone has heard of the sleepy affluent town of Cheshire that will forever be known as the former home of Dr. William Petit, Jr. and his now deceased immediate family.

[LJ note: To be totally accurate, the Petit family siblings grew up in a small blue collar town known as Plainville, and is far from affluent as towns go…]

However, the “other city” that put Connecticut on the map as the “Domestic violence capital of Southern New England” is Torrington, CT. Torrington is also a very blue collar town and has its roots in the Algonquin family Indian tribe 10,000 years ago and… became a thriving mill town situated on the Naugatuck River and was an integral part of the Naugatuck Valley Railroad. In the mid 19th century, Torrington was producing a vast array of metal products including needles, brass, ice skates, hardware, bicycles, and tacks.

Hard working stiffs from the mills were the status quo. Today some manufacturing still exists, but the entrepreneurial endeavors are different with several health care entities and a precision golf corporation as major companies. Big deal you say….. Well, maybe.

However, in the early ‘80s this blue collar town still had its share of people who may labor hard by day….but drink hard and beat others by night just as any locality ….


The case Ladyjustice is referring to is the Tracey Thurman case.

Tracey was an attractive impressionable motel maid who succumbed to the supposed charms of laborer, Charles “Buck” Thurman. This man was the poster boy for everything that is wrong with “the system” particularly as it relates to law enforcement, repeated threats and violent physical abuse.

Tracey tried to file complaints against her husband but city officials ignored her.

Even when her husband was finally arrested after attacking her in full view of a policeman and after a judge issued an order prohibiting him to go to his wife's home, the police continued to ignore Thurman's pleas for help. Her husband violated the order and came to her house and threatened her. When she asked the police to arrest him for violating his probation and threatening her life, they ignored her yet again. She obtained a restraining order against Buck whom he violated, but again the police failed to take any action.

The absolute helplessness and futility felt by Tracey was unconscionable, inconceivable, as she “did everything right” (at the time) and was ignored by those sworn to protect. This monster got away with his brutality time after time after time…

But… on June 10th, 1983, Buck assaulted Tracy for the last time.

Buck Thurman stabbed Tracey thirteen times in the chest, neck, shoulders, and face, which occurred ten minutes AFTER she called the Torrington Police.

He kicked her in the head with a booted foot, snatched up their two-year-old, told the child, “I’ve killed your rotten mother,” and left her lying in a pool of blood. It took twenty-five minutes for the police to arrive. Amazingly, Tracy did not die, but the damage was extensive and beyond belief, as was her will to survive!

As reported by the Domestic Violence Examiner in July 2010, Tracey spent seven months in the hospital. Although the left side of her body was able to function, she had no tactile sensation. The right side of her body retained tactile sensation, but she had lost 80% of her motor skills.

It goes without saying….. Ladyjustice sounds like a broken record, just like her ”teacher” Susan Murphy Milano, had the Evidentiary Abuse Affidavit, means to make a video tape and other safeguards been available and in use….. Tracey might have had a chance at being a healthy woman … and Torrington would not be forever hanging its proverbial head in shame!

What makes this case so atypical is that Tracey had good legal advice and the courage to do something that no one else had ever done….

In 1984, Tracey Thurman sued the City of Torrington, Connecticut, and 24 of its police officers for their failure to arrest her violent and estranged husband, Charles "Buck" Thurman.

In her legal suit, Tracey claimed a violation of her constitutional rights, as set forth in various constitutional amendments, but mainly the Fourteenth. The Fourteenth Amendment states, in part, "nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Tracey Thurman alleged that by following a policy of not arresting abusive husbands or boyfriends, Torrington police failed to provide the same protection for abused wives and children as they provided for victims of similar assaults outside a domestic relationship.

*** In a landmark decision the court agreed, ruling that officers could indeed be held accountable for violating the rights of battered women.

The court awarded Tracey Thurman $2.3 million in compensatory damages. Shortly after this court decision, the Connecticut legislature adopted a more comprehensive domestic violence law. In the twelve months after the new law took effect, the number of domestic violence assaults reported increased by 92 percent! (In the first 12 months following the new law, arrests for domestic assaults doubled from 12,400 arrests to 23,830.

As reported in DV –The Laws and the Courts-Landmark Legal Decisions,

In Thurman v. City of Torrington (1984), the U.S. District Court for Downstate Connecticut agreed, stating:

City officials and police officers are under an affirmative duty to preserve law and order, and to protect the personal safety of persons in the community. This duty applies equally to women whose personal safety is threatened by individuals with whom they have or have had a domestic relationship as well as to all other persons whose personal safety is threatened, including women not involved in domestic relationships. If officials have notice of the possibility of attacks on women in domestic relationships or other persons, they are under an affirmative duty to take reasonable measures to protect the personal safety of such persons in the community.

[A] police officer may not knowingly refrain from interference in such violence, and may not automatically decline to make an arrest simply because the assailant and his victim are married to each other. Such inaction on the part of the officer is a denial of the equal protection of the laws.

For the federal district court, there could be little question that "such inaction on the part of the officers was a denial of the equal protection of the laws." The police could not claim that they were promoting domestic harmony by refraining from interference in a marital dispute because research had conclusively demonstrated that police inaction supports the continuance of violence. There could be no question, the court concluded, that the city of Torrington, through its police department, had "condoned a pattern or practice of affording inadequate protection or no protection at all, to women who complained of having been abused by their husbands or others with whom they have had close relations." The police had, therefore, failed in their duty to protect Tracey Thurman and deserved to be sued.

This blogger could comment endlessly on the failures of the police, the culture that allowed it to happen, the pieces of paper called “orders of protection “that are not worth the paper upon which they are written, and the needless suffering, trauma and near fatal injuries suffered by Tracey. The fact that the court, in its wisdom under the Fourteenth Amendment opened the door to “a little piece of justice” and lambasted the incompetent, ignorant, and seemingly blind police force is still somehow little consolation for this woman and her family in LJ’s opinion. Money can help, but the scars, lifelong trauma and terror and toll on the human body and soul can never be compensated for!

Update 2011: The Pendulum Has Swung Far and Wide:

One of Ladyjustice’s favorite editorial writers, the Hartford Courant’s Helen Ubanis, recently wrote a piece about this topic. The article dealt specifically with the fact that Connecticut leads the nation in the number of dual arrests as it pertains to domestic violence.

For illustrative purposes, Helen told the story of “Dawn” who was brutalized by her husband last February. She saw her opportunity. As the children were nearby sledding, she was cornered by her car. She had never called the police on him before, but it was now or never. In addition to being badly bruised, she thought he had fractured her kneecap and shoulder as he pushed her to the ground.

Her husband didn’t have a scratch on him. He told police “Dawn was preventing him from leaving.” Dawn was shocked that winter day when the police later arrested them both. Under Connecticut’s mandatory arrest law, if the police find evidence, they must make an arrest.

Connecticut currently has the highest incidence of dual arrests in the country pertaining to the arrest of both the accuser and accused under this law. Data from the year 200 showed that most arrests were for reasons other than assaults. In 2007, 20% of the domestic violence cases revealed dual arrests. In 2009, that figure rose to nearly 50%. Comparatively speaking, the rest of the U.S. arrests both parties in less than 2% of the DV cases.

Before one jumps to conclusions, the data may mislead based upon Connecticut’s “broader definition of domestic partner,” underreporting, and not reporting arrests at all or those states that have “less stringent laws.”

Connecticut’s interim Executive Director of Coalition for Domestic Violence, Karen Jarmoc reported that this matter has been troubling for a long time. In 2011 the legislature created a task force to examine the family violence statute and dual arrests.

Some police chiefs state that clearly, 30 years ago, officers weren’t doing enough, However, some believe they may now be “doing too much.” What is the solution?

Michael Lawlor, former legislator and now Connecticut’s undersecretary of justice policy and planning for the Office for Policy and Management, thinks it’s difficult top write a statute forcing police officers to do exactly what you want them to do “without unintended consequences.” Lawlor goes on to say that pointing the spotlight at a problem begins to change behavior and that perhaps some police agencies “don’t yet appreciate dual arrests.”

And now, back to Dawn’s Case….

Two weeks after she was beaten by her husband, her breach of peace charge was dropped. The experience made a lasting impression on her. Her sentiments are those of thousands of women…. She said, “It’s difficult enough to deal with the physical and emotional effects of having to fight to protect yourself from the person who hurt you. But to also have to fight the system that’s supposed to protect you is too much. It’s why so many women back off.”

The jury is still out regarding what the solution might be specifically concerning the issue of dual arrests. However, Ladyjustice has the perfect solution when speaking of the broader issue at hand. Our own Jane Wayne of Justice – Susan Murphy Milano’s Time’s Up “roadmap” which can be tailor made to fit each individual’s situation. We need you more than ever in Connecticut! Help, please!!!

LadyJustice is unsure of the status of Buck Thurman today…. And that is a very scary thought!

And…

To read about other key domestic violence cases resulting in landmark legislation go to the following link:

Domestic Violence—The Laws and the Courts - Landmark Legal Decisions

To read more of Donna Gore's posts, and learn more about "LadyJustice," refer to her website: www.donnagore.com

The Legacy of The Petit Family Foundation

(“Three Angels” Petit Family Memorial Garden)

Some enchanted evening; you may see a stranger,

across a crowded room; and somehow you know, you know even then,

That somewhere you’ll see him, again and again….. 

Who can explain it? Who can tell you why?

Fools give you reasons, Wise men never try….

(Lyrics: “Some Enchanted Evening, Broadway Musical, South Pacific)

By Donna R. Gore, M.A.

This blogger had the good fortune to meet and get to know a world class physician, an academic, a quiet family man who devoted his former life to his patients and “his girls”, wife Jennifer, and daughters Hayley and Michaela. The most recognized survivor of crime in the State of Connecticut, a reluctant hero, is the man known as Dr. William Petit, Jr.

Ladyjustice has hesitated to write anything about this dignified and tormented man. The media hounds him. The public is well meaning and generous through many charitable events whose proceeds go toward the Petit Family Foundation and the Foundation, in turn, sponsors many activities encompassing the three missions honoring his immediate family.

This tragedy of tragedies has effected the hearts of people throughout the U.S. and internationally.

Ladyjustice does not want to exploit nor offend in any way shape or manner by offering her humble opinion. She remains respectful and has tremendous admiration for the remaining survivors of thePetit family.

However, if a local person who occasionally crosses paths with this man, can offer a perspective as a fellow homicide survivor, and perhaps lead others to donate to his Foundation, why not?

A wise woman named Susan Murphy Milano recently told this blogger that no crime victim would ever view such efforts as exploitation, because, as survivors of crime, we are a family. Our biological families have been torn from us, helping each other and helping future victims keeps us going on the path of justice for others. So, in that spirit, Ladyjustice will carry on….

Connecticut experienced a “wakeup call” of the greatest proportion when this horrific crime occurred on July 23, 2007. All assumptions about where “crimes like that” occur (and certainly not Cheshire) were shaken to the core. This crime was the impetus for landmark judicial legislation, rallied people as never before to implement change in attitudes, to be vigilant about personal safety, to buy and install home alarm systems; to reconfigure our Parole & Pardons board, to create a system of sharing vital prisoner histories at all levels of the criminal justice system; to revamp the process for halfway house placements, to “get to know your neighbors” in the form of kindness and neighborhood watches; to initiate numerous scholarships and charitable organizations in the aftermath for the benefit of others who have aspirations “just like the Petit women”; attempts to keep (and eliminate) the death penalty in Connecticut; to create and carry out a legacy for their passions and… for Bill Petit to have as many reasons as possible to carry on without them. (As of today, due to the current economic times, some of these milestones are still a work in progress but alive none the less).

And now, nearly four years later, the legacy of this family lives on through the constant efforts of Bill Petit his parents, siblings, his 95 year old grandmother and extended family and friends.

It is a strange kind of purgatory awaiting a trial… as if the trial itself was supposed to take away the past sins of the defendant(s).

(Ladyjustice’s purgatory, awaiting trial for her father’s homicide spanned six years.) It is this “suspended animation” that wears you down so that by the time the trial is about to commence, you are in a state of mind that perpetuates the wounds and adds further insult to injury.

This is yet another trying time for the Petit family, currently awaiting the second trial to begin in September for the second defendant, whose name doesn’t deserve the ink, and raises the hairs on everyone’s neck in Connecticut and beyond…

In 2009, this blogger was in “full court press mode” as the Chairperson assigned to coordinate a huge state agency event held at our State Capitol known as “the BESB Awards and National Observation of White Can Safety Day.” This event brings together a selected groups of visually impaired or legally blind students and blind adults whose accomplishments over time has served to go above and beyond” in their fields of endeavor or talents in ten categories.

It is the “Emmy Awards” for the blind community in Connecticut, if you will. AND, make no mistake…. This is not a demonstration that they can merely perform with their peers while experiencing blindness (and other disabilities). RATHER, particularly with students, they not only keep up, but often far exceed their sighted peer and are multi-talented in academic and the arts or sports, community affairs, despite their blindness. No Pity Party Here – Never, Unacceptable! Most sighted people have no idea what blind individuals and today’s technology can do….

This event involves coordination of a roster of candidates, nominating committee, contact and invitations with nominees, families, State legislators, municipal officials, the Governor’s office, catering, facilities management, press releases, TV coverage, official proclamations, the crafting of a programming script, correspondence, individual bios for nominees, organizing the flow, seating arrangements, entertainment, etc.; etc., AND selection of an appropriate Master of Ceremonies.

How to get a speaker pro bono, who understands the issues of diabetes and blindness, is committed to the cause and can present in a way that engages the participants??

Ladyjustice wrote a personal letter to Dr. Petit explaining her journey with the medical world, personal disability, personal homicide and our agency’s mission and request for a Master of Ceremonies. ‘A long shot at best, she thought. (Although this blogger’s previous efforts had nearly gotten Mary Tyler Moore twice for this event!) However, this blogger had more in common with Dr. P. versus MTM.

Enter Dr. William Petit, Jr…. He could not have been more gracious and apologized for the letter getting lost in the sea of mail. Long story short, he came to our agency, toured, met with staff, including staff that happens to have MS, and was available for consultations prior to the event.

Following Ladyjustice’s immense pleasure of introduction, Dr. Petit gave a thorough and thoughtful introduction “prior to his duties”, discussing his work with diabetes research and treatment, his hopes for the future and even read an inspirational narrative in French!

His MC style was classy, engaging and funny! He was everything Ladyjustice had hoped for! He indeed was the man for the job! And…“the cherry on top of the sundae” was to have Ladyjustice’s mother in attendance, beaming proudly and asking to meet the esteemed Master of Ceremonies! How perfect! He was now part of the BESB Family.

(Post script- Soon to be part of the “New Bureau of Rehabilitation Services” as of July 1st. So long BESB, a stand alone agency since 1893!)

Fast forward to June 2011…. The public can read an unusual expose’ of the Petit family story in the June/July edition of Esquire Magazine. You can’t miss the magazine, which, for some unknown reason chose to include “The Survivor” article with a cover page GQ like male with a woman’s hand suggestively inserted under the man’s belt. Yikes! Ladyjustice is no prude!

However, this is not the showcase for a man of his caliber. A little class please! I guess, we do what we have to, to serve others for the greater good and let the chips fall where they may, by other tasteless individuals who “just want to sell magazines at any cost.”

The article begins with a typical event held to raise funds for his Foundation by the many friends and supporters of what was the Petit family foursome, then to a snapshot of his life currently in Plainville, followed by a the sentencing day of the first monster defendant on December 2, 2010.

It is an account that reminds this writer of a work of fiction, describing glimpses, breathing, gestures, detailed descriptions of clothing, a visceral attempt to “get into his skin.” Ladyjustice is not amused. This is no fairytale. Other passages paint a picture of the humanity of what were his former family- stories of his children.


The torture of being physically bound, seriously wounded and “not knowing, only guessing” what’s going on in the house is portrayed though Dr. Petit’s internal thoughts, back to courtroom testimony, the morning of the Memorial service (Something greater than a private service but less than a full blown extravaganza trying to accommodate the grieving public as well) with a man just out of the hospital trying to hold on.

The story traverses to the events of the day prior to the murders-the family kind of activities followed by the meeting and courtship days with his wife and lessons he tried to teach his children. The final pages treat the reader to an insightful account growing up in a working class neighborhood as seen through William Petit, Sr. in a family with several siblings, and Bill described as naturally being a self-starter, a survivor by nature (well worth the read!)

Could such a normal boyhood existence have prepared this man for his future? Not a chance…. To be fair, Ladyjustice should ask could anyone write an account that sufficiently covers the landscape of this story?

It’s doubtful… Perhaps one or two authors, like Diane Fanning, but very few for sure!

“What’s if’s” are in the account, those tapes that play over and over in our heads, “had we or others only done things differently”,we might have our family member back in the world of the living. Ladyjustice advise, don’t do the “what ifs,” as we have enough self-torture in our lives…. Do the positive things that our family members would have done if they were here now.

***And please donate to the Petit Family Foundation. You will find no better reasons to give your time and dollars!

Link: http://www.petitfamilyfoundation.org/

To learn more about Donna R. Gore, aka "LadyJustice" and her advocacy, please visit her site:  www.donnagore.com

It’s All about Social Responsibility-The Case of Kitty Genovese

Catherine "Kitty" Genovese 

(Doesn’t She Resemble Jackie Kennedy in this Photo?)

By Donna R. Gore, M.A.

What motivates us to assist versus “looking the other way?” LadyJustice believes it depends upon a person’s moral character and the circumstances of the specific situation. All of us are not “doers” or “social workers in disguise” by nature. If everyone had the same moral fiber and true sense of right and wrong, we would have far less criminals… and perhaps this blogger would not be doing the vastly rewarding task of writing here and now!

A young working class woman arriving home late (3:15 a.m.) from her job as a bar manager who just happened to be a lesbian (when it wasn’t “popular” or talked about)…. ‘A stalker and murderer Winston Moseley, who left and came back to finish the job by fatally stabbing and raping Kitty…

Those of us who are baby boomers recall, at least vaguely, the horrific killing of Catherine (Kitty) Genovese in Kew Gardens-Queens, New York in 1964. This murder was portrayed as if “the world stood by and watched and spectators” and no one meaningfully came to her aid in a manner that could have saved her life.

Why is this, you ask? Well, many thoughts come to mind… Having been in NYC numerous times, it has had a past reputation of crime running rampant. The big bad city, larger than life… Queens was an area in which many were living on the edge in the 60’s, as in all urban cities, barely making it financially, but these residents are part of what makes the New York mystique tick. There is a fascination with the city’s “personality.” (Bloggers, refer to Diane Fanning’s recent description)


Another Example….
An Analogy of More Urban Deterioration and the Birth of “Lipstick on a Pig”

Urban deterioration reminds Ladyjustice of the setting of the 1951 adaptation of the 1947 play “Streetcar Named Desire” starring Marlon Brando and Kim Hunter as Stanley and Stella Kowalski. He dominates Stella in every way and is physically and emotionally abusive. Stella tolerates his primal behavior which is part of what attracted her in the first place; the arrival of Blanche (Vivian Leigh) upsets her sister's and brother-in-law's system of mutual dependence. Stella's concern for her sister's well-being emboldens Blanche to “hold court in the Kowalski apartment”, infuriating Stanley and leading to conflict in his relationship with his wife. Their final confrontation is rape by Stanley which results in Blanche's nervous breakdown. Devastated with her sister's fate, Stella weeps and rejects Stanley's intention to comfort her and pushes him away. Stella runs out to see Blanche off, but is too late, as the car Blanche left in has already gone. As he cries her name once more ("Stella! Hey, Stella!") Stella, Stella indeed! This scene is a precursor for what we now identify as “domestic violence “that surely took place in the environs of 1964 Queens, New York. Domestic Violence is a “polite somewhat clinical name” for battering, akin to “putting lipstick on a pig.” Whether it was the 1940, 50’s or 60’s domestic violence was “kept indoors for the good of all.” Kitty was one of many to come…

However, what makes the Kitty Genovese case so intriguing to LadyJustice, is the fact that she is a member of the same community, and the fact that Kitty’s sexual orientation was “kept under wraps behind closeted doors” for years! Stonewall, the historical benchmark of “enough is enough” regarding gay oppression and discrimination, did not occur until June, 1969, some 5 years later.

On March 13, 2004, the unbelievable events are recounted during a brief NPR radio interview by Kitty’s former partner, Mary Ann Zielonko. ( Link: Weekend Edition Saturday.) Ms. Zienloko, distraught to this day, talks about Kitty’s personality, their first meeting, the circumstances of her death and Mary Ann’s sadness and utter disillusionment with “society” in their Kew Gardens, Queens neighborhood.

Could it be that Kitty’s last words, “I’m dying, I’m dying… Someone help me.” was just part of the “usual banter of tenement living in just another urban neighborhood”, as Kitty desperately struggled from one end of the building to another during the 30 minute attack? Some have raised questions about her continued ability to scream when her attacker punctured her lungs. ( Before we tackle the “Bystander Effect,” let’s discuss some of the other facts…)


More Reported Facts.. The Good, Bad and the Ugly:

Bad: There is considerable dispute as to how many actually ignored Kitty’s pleas. The March 27, 2004 New York Times article quoted 38 neighbors or persons heard screams and did nothing. Prosecutors and police determined that it was more like one dozen , with one person actually reporting the event . One neighbor supposed yelled, “Let that girl alone;”

Bad: The original police report quoted the sole call as “A woman was beat up, but got up and was staggering around.” Spectators and police obviously interpreted it as “a family argument or drunken brawl;”

Ugly: Winston Moseley, the confessed killer, also confessed to two other murders and many other attacks;

Ugly: Winston Moseley underwent a psychiatrist evaluation which suggested that he was a necrophile (enjoys sex with a dead body). In fact, Kitty lay dying in her hallway after his subsequent attacks and, as a final act, he raped her;

Ugly: Winston Moseley’s admitted motive was, “To kill a woman…. As they are easier and don’t fight back;”

Good: Kitty’s murder led to reforms in the New York Police Department telephone reporting system in addition to introducing the concept of “neighborhood watches.”

Bad: A June 1967 Supreme Court ruling stated that Moseley should have had the opportunity to offer a “medical insanity” plea despite the initial ruling of legal sanity at trial. As a result of the initial death sentence, (which produced applause and cheers in the courtroom) was reduced to the indeterminate sentence of life in prison.

(Ladyjustice comment- More tax dollars wasted and justice misplaced!)

Ugly: Moseley’s track record – After Kitty’s murder, Moseley was being transported to a hospital for surgery when he reportedly overpowered a guard, located a bat , held five others hostage and raped a women in front of her husband…. In addition he was involved with the 1971 Attica Prison riots; A New York Daily News article reported that Moseley “blamed his parental upbringing” for his rapes.

Just Incredible and Ironic: A Court TV Library story indicated that Winston Moseley actually obtained a B. A. in Sociology in prison in the late 1970’s!

Good: After her death, Kitty Genovese unknowingly changed the course of social psychology and created the “Bystander effect”postulated by social psychologists Bibb Latane and John Darley that “contrary to common expectations, large numbers of bystanders decrease the likelihood that someone will step forward and assist.” Ladyjustice interprets this as “passing the buck” because, according to the theory, they feel uncomfortable and uncertain how to help. “Others have it covered. No reason to get involved.”

Since the initial research on the Bystander Effect, the “American Psychologist “ publication surmised in 2007 that this occurrence “is more of a parable than fact,” due to the inaccuracies of the initial reports. However, the story appears to be too enticing to otherwise bored students and thus continues to be included in social psychology texts and lectures.

Jessica Max Stein, writer for a GBLTQ publication called the Bilerico Project (www.bilericoproject.com) compared a recent April 2011 “modern day attack” in Baltimore, Maryland of Crissy Lee Polis at a McDonald’s to the Kitty Genovese case.

Crissy Lee was attacked “because she was a member of the community” and videoed via cell phone as others watched. Stein asked the same questions as Ladyjustice regarding the possible motives and the role of homophobia in each instance, Stein further reports on psychologists blaming “technology” as the “mind numbing effect”- the advent of TV in the 1960’s and all forms of social media currently.

Final “Bad Fact”

Winston Moseley has been denied parole 13 times in the past… His next parole hearing is scheduled for November, 2011. Ladyjustice asks that all New Yorkers and “the rest of the world” protest yet again!

Acts to “the Good”

“Soldiering On”

Published: May 06, 2001

To the Editor of the New York Times

Re ''Sidewalk Soldiers'' (April 15): We are New York's oldest incorporated block association. Formed in 1966 after the murder of Kitty Genovese in Queens (as neighbors watched from their windows), our group began by creating a three-block ''security corridor'' from Riverside Drive to Amsterdam Avenue. From stoops, window sills and fire escapes, neighbors watched out. We were also the first block association to plant our own trees.

New issues crop up all the time. In the 1980's a building on our block was proposed as the site of a pilot project for homeless mothers with children and senior citizens. We created a community advisory board, which helped guide the project to become fully integrated into the community.

Our numbers are smaller but we are no less active and committed to our block and our community than we were when we began.

GAIL DUBOV

President, West 83rd Street Association

And Finally from LadyJustice…

Kitty Genovese is buried in a family grave at Lakeview Cemetery in New Canaan, Connecticut. Ladyjustice will have to visit before heading to San Diego…


Visit Donna R. Gore aka "Lady Justice"  www.donnagore.com