Tips for the Prosecution: Jerry Sandusky

By Roger A. Canaff

Editor's note:  Roger Canaff's following post was written on June 7, and since then the prosecutors were able to get their conviction of Jerry Sandusky. Roger's advice is excellent and it's interesting to look back on the trial to see how many of the following points were used. 

 June 7, 2012

The lead prosecutor in the Sandusky case, Senior Deputy AG Joseph E. McGettigan, probably doesn't need my help. He began his career at the Philadelphia DA's office around the time I turned 15, and he's done and seen it all. But if he's as good as his reputation, then he's probably the type who never treats the opinion of a fellow professional as beneath him.  The good ones, like the legendary Dan McCarthy I wrote about a few months ago, are never too egotistical to listen.

My hope is that McGattigan's team stays focused on five basic tasks that often make the difference in child sex cases:

1. Have a theme, and weave it through the entire case. This, they are doing well so far. A theme in a criminal case is a psychological anchor that you want the jury to be repeating- literally- in deliberations. It's a phrase, a quote (often from a victim) that captures in essence the wrongness of what was done. It needs to be woven into every aspect of the trial where it can be uttered; voir dire, opening, direct examinations, and closing argument.

2. Craft direct examinations of the victims to recreate the reality of the crime. Crafting a direct means much more than writing out the questions and prepping based on them. It's taking victims through sensory detail- smells, sounds, physical sensations- that drives home the reality so that jurors won't gloss over it or accept defense arguments that it was concocted.  This works only when victims are treated with dignity, support and compassion. Thankfully, it's also the right thing to do.

3. Appeal to common sense and fight myths.  The defense's strategy is to appeal to oft-cited but baseless myths. They'll suggest Mike McQueary didn't see a child being raped because he didn't intervene. But the idea that even most of us would intervene in a situation like that is preposterous. It's tempting to say "I would have beaten Sandusky and saved the boy," but the fact is none of us know how we'll react until we face a traumatic event. Ask any combat veteran.

They'll suggest the kids McQueary and the custodian before him saw being raped don't exist because they haven't come forward. Nonsense- very few child victims ever report, and if the children in question are aware of the case and haven't come forward, it's for common sense reasons. They'll suggest the victims are lying for a civil payoff, or because they are "troubled." Garbage. "Troubled" is why Sandusky targeted them through Second Mile- they were less likely to report or be believed.  The idea that its typical for individuals to falsify allegations and endure the the process of criminal litigation for money or spite is baseless.  It almost never happens, least of all in male on male cases. Finally, to suggest that three high ranking officials at PSU would never have acted as they did when facing allegations that threaten the football program is laughable.

4. Corroboration.  This is not a "he said-she said" case; indeed, any good sex crimes prosecutor knows there is no such thing. As a mentor Victor Vieth taught me years ago, there is always corroboration if investigators and prosecutors are willing to think creatively and then dig for it. Witness' memories- when the witnesses are handled correctly- are goldmines of information that can be independently verified. In any event, victims are carrying enough of a burden during the litigation process. No case should rest solely on the testimony of a victim; this is unnecessary and the sign of a sloppy, lazy prosecution.

5. Point. While I wish I could say I learned this on the job, I read it in Scott Turow's Presumed Innocent long before I had a law degree. In it, Turow's protagonist describes a whiskey-breathing, grizzled vet of an ADA who suggested it to him. I never failed to implement it. Point at the defendant when you make your opening statement and your closing argument. Point at him, look him in the eye, and approach as far as the judge will allow. "If you don't have the courage to point, you can't expect them to have the courage to convict."

Godspeed, Mr. McGattigan and team.

A widely known child protection and anti-violence against women advocate, legal expert, author and public speaker, Roger Canaff has devoted his legal career to the eradication of violence against women and children.

Roger Canaff: Anti-Violence Advocate, Child Protection Specialist, Legal Expert Blog: WCSV (Women, Children, Sex, Violence: Outcry, Analysis, Discussion) www.rogercanaff.com

The Invisible Sex Crimes

by Michelle Simonsen 

When I was 19, I came home from college for the weekend to my hometown of Racine, Wisconsin. It was midnight and I was driving on a busy main road. However, that night the busy street was desolate. Except for the car following closely behind me. The driver came around to my passenger side keeping a steady pace alongside me. I did not want to look over. I was scared. It was a man laughing and flashing his genitals at me. He pressed his buttocks on the window and molested himself with his hand.

My little Ford Escort went from 30 mph to 60 mph. I was suddenly in the Indy 500, swerving, mastering the sharp turns, up and down every side street and main road. No matter how fast I drove, he kept up, trying to follow me home.

After approximately 15 minutes of the cat and mouse game, I finally lost him. I was free and almost home. My vision was clouded with the images of the perverse things he did to himself. I replayed the entire incident in my head all night. I didn’t call 911. I just wanted to go to sleep and go back to school.

The next weekend was Easter. For the second time that month, I was in Racine again, shuttling between my parents for the holiday.

It was midnight. I was on the same road. It was desolate. Everything I experienced the weekend before was there again. I sensed it a mile away. I was prepared for him this time.

I saw headlights in my mirror and a red truck riding my ass. It was him again. His change of vehicle didn’t fool me. He proceeded to perform his act, identical to the weekend before. I wasn’t scared. I was angry. Damnit, I was pissed! I said to myself, “Dude, you have messed with the wrong girl.” I grabbed a pen and wrote down his license plate number on my leg.

I endured the same high speed wild goose chase, and managed to lose him again. As soon as I got home I called 911 and reported the incident, gave them his license number and the general direction he was headed when I last saw him.

Two hours later, the phone rang. The police called to informed that they arrested the ugly red headed psycho pervert. His name was Ronnie Lonhardt and he was 35. In order to press charges, I had to come downtown to write up a report and identify him. Are you crazy? I have to look at that maggot again? To this day, I’ve never forgotten his face, and my memory didn’t fail me that night either.

He was charged with a DUI and an additional charge for “lewd and lascivious” behavior. Turns out he confessed to police that he had been doing this to dozens women that month alone. Go figure. (Note: After a criminal records check, the red headed pervert pled down to four separate “Disorderly Conduct” charges. Two were dismissed at the request of the prosecutor, and the other two were forfeited. Thanks Racine County Prosecutors.)

For years I had issues with driving at night. I was fixated with who was behind me, and I never looked at the person to my side out of fear. I carried a knife. Was I paranoid or justified in my fears?

AN EVERYDAY OCCURRENCE 

Exhibitionism. Voyeurism. Groping. Frotteurism. Many women have experienced any one of these crimes at some time in their lives. Most offenders will get away. I did not let my offender get away. In my mind, I believed I might have averted another sex crime.

These invisible offenders are grooming themselves for their next deviant act in order to heighten and satisfy their sexual pleasure. Could it be rape? Sex with a child? Child pornography? Some experts insist that these initial “minor” sex crimes lead to worse crimes. Is this a risk you’d rather ignore until it happens to you, a friend, a sister, a mother, a daughter?

What are these “invisible sex crimes”? These particular offenses are the most under-reported sex assaults. Why? Because it happens when you least expect it. Did you see his face? You can’t remember because it happened so fast and you were in shock and embarrassed. What do you say or do? By the time you figure out what is going on, they are dust in the wind. These acts against women happen everyday.

GROPING 

Groping is a form of sex harassment. It can be unwanted pinching or grabbing. The groper targets the breasts, legs, buttocks and groin area. Groping is likely to happen in such places like crowded bars or parties, concerts, subways, sporting events and elevators. The predator is less likely to be detected and has the ability to flee before the victim realizes what happened.

Ever see this scenario? A waitress takes an order and walks away from the table. Her male customer swiftly slaps her buttocks in a “joking” manner saying, “Thanks sweetheart.” Have you ever experienced the unfortunate incident of a man rubbing his arm against your breast, then laughing it off saying, “Ooops! Sorry about that!”

Ladies, that was no accident.

ANGRY VOICES 

"I went to a music festival in a big park last year, and people had crowded together to see the headliner. It was dark except for the streetlight and stage lights up ahead, and I was encircled by young men. One or more of them kept subtly touching me inappropriately. I tried to squirm my way out to another location, but there just was no room to squeeze through. I had to endure the harassment for the whole show.” (Anonymous post, Wiesen, 2003-2012 Conjecture Corporation, “What is Groping?”)

“Every now and then, I will feel a hand squeeze my butt or leg so gently and then hear a voice say, “Oh excuse me!” I know that it was intentional, because if it had been an accident, it would have been more of a brush or a swipe rather than a cupping.” (Id.)

“I had the misfortune of getting groped while exiting a crowded elevator and I was more mad than anything. It is such a violation of your personal space and I hate knowing there are so many perverts out there that can get away with things like that just because there are so many people around.” (Id.)

FROTTEURISM 

Frotteurism is the act of rubbing the hand(s) or erect genitals against another person in a non-consensual manner in order for sexual gratification. Like groping, this act is done in public where the victim cannot easily respond to their attacker.

Studies have concluded that the average age of a “frotteur” is between 15-25, beginning at puberty and decreasing after 25. (PsychNet, 1998.) It was also noted that “older men with shy and reserved personalities or who are withdrawn socially” are common frotteurs. (Id.)

I have been a victim of many frotteurs in my day. When it happened, I became enraged. There have been times where I have grabbed the pervert, and screamed out to everyone within earshot what just happened. There was never a shortage of shit-stains who hadn’t experienced my wrath. Slapping, punching, pushing…nothing was ever out of the question for me. I wasn’t going down without a fight.

However, in each situation I was the ultimate loser. What the hell just happened? Where am I going to find this guy? I didn’t know who he was, I don’t remember what he was wearing. I was shocked, angered, and out of control. What did he look like?

I don’t know. He looked like them all. They all look alike.

VOYEURISM 

These offenders are formerly known as “peeping Toms”. But times, they are a changin’. With the advent of cameras, electronics, and other digital technology, voyeurism is out in full force.

This is the only sex crime where the offender doesn’t need to have direct contact with his victim. His crimes do not occur in public. A voyeur doesn’t need to stand in front of your window with binoculars. He won’t have any witnesses to his crime because he is safely sitting behind his computer, sometimes watching multiple women at once. Voyeurism is one of the hardest sex crimes to prosecute because of the predator’s elusiveness and ability of non-detection.

BOTTOM LINE 

It is absolutely necessary that we come together to stop these future violent sex offenders. See the statistics below. No matter how bleak, this is true: we are the ones that hold the power to make change. Victims need to stand up, not only for themselves, but for the others who are too afraid to come forward. As sad as the statistics below are, just remember, if it weren’t for those courageous women, there would be even more predators on the streets. They are always ready and waiting.

STATISTICS: RAPISTS ARE WALKING FREE

54% of rapes/sexual assaults are not reported to the police, according to a statistical average of the past 5 years. Those rapists, of course, never spend a day in prison. Factoring in unreported rapes, only about 3% of rapists ever serve a day in jail.

Out of Every 100 Rapes

• 46 get reported to the police 
• 12 lead to an arrest 
• 9 get prosecuted 
• 5 lead to a felony conviction 
• 3 rapists will spend even a single day in prison 

References:
Justice Department, National Crime Victimization Survey: 2006-2010
FBI, Uniform Crime Reports: 2006-2010
National Center for Policy Analysis, Crime and Punishment in America, 1999
Department of Justice, Felony Defendants in Large Urban Counties: Average of 2002-2006 

Michelle Simonsen is an outspoken activist and true crime blogger well known for the grass-roots campaign,"Boycott Aruba," surrounding the time of the Natalee Holloway disappearance.

Garvin County Oklahoma: Time's Up!

Over 100 poster's on the reward money offered for information leading to the arrest and conviction of "those" (notice the plural here) responsible for the murder of Sheila Deviney were placed in windows of businesses all across town.

Today, more than half of the reward signs have been removed or torn down. I learned that people in the town of Lindsay, Oklahoma have been threatened to "remove the signs or else."

It seems that the ex-husband of Sheila Deviney, resides in Lindsay, OK, and rumor has it that the towering former football star has been " allegedly" threatening business owners to take these signs down or damage could happen to their property. Well I guess if I were a business owner in that neck of the woods, I might be scared, too. I would not want to see my business torched or damaged because I didn't listen. And the towns folk with good reason are scared so they are doing as they are told. Did I mention that this alleged killer is a volunteer little league football coach for the Lindsay, OK school district.

Shiela Deviney, 30, died on January 6, 2004, when her mobile home, located about one mile east and one mile south of Maysville, Oklahoma, burned to the ground. She was murdered. It should be no surprise that Sheila had been married to an abusive, controlling man. They had a court date over past-due child support scheduled the next day. According to eye witnesses, her ex-husband was at the home, although by law not allowed on the premises. He and others according to recorded, notarized and sworn affidavit statements I have in a secure location as of this past weekend from eye witnesses attest to certain individuals leaving Sheila's property as flames jumped into the sky. Witnesses say those person's allegedly destroyed evidence and took items from the home.

Recorded information and facts on this case was also first broadcast in detail on August 2, 2010, during the Intimate Partner Homicide Investigation radio show with Sheryl, McCollum, Holly Hughes.

It seems OSBI, Sheriff Steve Brooks and Garvin County Prosecutor Greg Mashburn have done everything in their powers to keep not only this case, but the Chanda Turner and Tom Horton cases from being re-opened, investigated and those responsible prosecuted. The latest in the Sheila Deviney case is that the state wants to destroy the tissue samples by the year 2012, per this Fox News 25 report earlier in the week: Click Here.

Perhaps someone from the Department of Justice can accompany me on my visit next week when I attend back to back events and press conferences in an attempt to have these 3 murder cases finally open for an official investigation. I would also ask for the State Police to be near by, for I am told, allegedly of course, if I go to Pauls Valley, Oklahoma, I could be carried out in a body bag.

Time's Up folks! I will be in Oklahoma as planned. Justice is long overdue for the intimate partner homicides of Sheila Deviney, Chanda Turner and Tom Horton.


(Susan Murphy Milano, is also with the Institute for Relational Harm Reduction & Public Psychopathy Education for more information visit http://www.saferelationships.com/ and is the author of the new book "Time's Up A Guide on How to Leave and Survive Abusive and Stalking Relationships available for purchase at the Institute, Amazon.com and where ever books are sold.)

Who Holds the Bargaining Chips?

By Tad DiBiase

Joran Van Der Sloot is back in the news. 

Long suspected of murdering Natalee Holloway and now arrested for the murder of Peruvian Stephany Flores, Van Der Sloot supposedly has told police he will tell them where Miss Holloway’s body is in exchange for transferring him from a Peruvian prison to one in Aruba.  http://dailycaller.com/2010/06/13/van-der-sloot-willing-to-tell-where-holloways-buried-in-exchange-for-transfer-to-aruba/  

Having studied no body murder cases for several years, I‘ve observed an increasingly disturbing trend: more and more defendants are using the body of their murdered victim as a bargaining chip.  Van Der Sloot is far from the first.  

Hans Reiser was convicted of murdering his wife in California in 2008.  She had disappeared in 2006 and Reiser denied the murder for years and fought the charge at trial.  After a five month trial, an Oakland jury convicted the Linux inventor of first degree murder.     After the conviction, however, in exchange for a reduced sentence, Reiser led the police to his wife’s body which he had buried less than half a mile from his house.  Instead of facing a sentence of 25 years to life, Reiser’ s charge was reduced to second degree murder which carried a term of only 15 years to life.    

In 2008, prosecutors in the United States Attorney’s Office for the District of Columbia (my old office) permitted Michael Dickerson to plead guilty to second degree murder and in exchange he agreed to lead police to where he buried the body of his girlfriend, Shaquita Bell.  Dickerson then led police and prosecutors on a futile two day search for Ms. Bell’s body which has never been found. Yet he was still sentenced to just 15 years in prison.  http://www.washingtonpost.com/wp-dyn/content/article/2008/11/11/AR2008111103085.html  

Just this past May in Tennessee, Douglas Whisnant was able to plea bargain into second degree murder charges by agreeing to show police where he buried his ex-wife’s body.  Whisnant was sentenced to 15 years.  Perhaps more galling, Whisnant is currently serving a 25 year federal firearms sentence and will get credit for his murder sentence, a state charge, will serving his federal time!  Thus, he does no additional time for the murder.  http://www.knoxnews.com/news/2010/may/17/details-net-reduced-sentence/  Also in May of this year, Lawrence Gaudenzi was permitted to plead guilty to second degree murder.  As part of the plea he was not required to reveal the whereabouts of his wife’s body. http://fredericksburg.com/News/FLS/2009/052009/05072009/464607

Now there are clearly some good reasons to let a defendant take a plea in a no body murder case:  weak evidence, getting closure for the family and sometimes getting something is better than getting nothing.  But letting a defendant call the shots and use his victim’s body as a bargaining chip is particularly distasteful given that most of these murderers fit the classic profile of domestic abusers.

It’s all about control and they want to be the ones in control.  Letting murderers use their victim one last time to win themselves leniency is their final act of control and prosecutors ought to be loathe to let them do it.  

Winning a conviction in a no body murder case is difficult and dealing with a grieving and often angry family is equally difficult.  But letting a murderer run the show and determine what charges or sentence he faces is simply unacceptable.

Survivors of Crime Are Victims, Too

By Tad DiBiase

When I first began prosecuting homicides many years ago, I was never comfortable with the victim’s families.  I never knew what to say or how to act.  While many prosecutors rightly consider themselves advocates for the victims, victims aren’t “clients” and prosecutors don’t technically represent the victims.

 Sometimes I would handle cases where the homicide victim had no family who cared enough to ever come to court or follow the proceedings in any fashion. I admit that sometimes those cases were easier to deal with because there was no victim and no victim’s family.  (As an aside, I used to tell everyone that as a federal prosecutor for the United States I represented 380 million people which in reality meant I didn’t represent any of them!  I did enjoy coming home and telling my family that the “United States” was hungry or that the “United States” wanted a beer.) 

My discomfort with dealing with victims caused me to rely on the talented victim advocates in our office.  One advocate in particular, Marcy Rinker, became my “go to” advocate in all cases.  Marcy, who became a good friend of mine, was compassionate, listened well and had a can do spirit that always seemed to give the victim’s family the reassurance that we would win the case and that it was in good hands.  She was also an extremely skilled investigator in her own right to the extent that I dubbed her Detective Rinker.   I managed to ensure that Marcy became the advocate in all of my cases even when the system tried to thwart me.  The U.S. Attorney’s Office had a system where victim advocates rotated each day so that when a new case came in, the advocate on duty that day would handle the case.  By cleverly holding off on declaring when a new case came in, I was able to “bring in” a new case only on the days when Marcy was on duty. 

Over the years as I watched Marcy, I learned more about how to deal with the victim’s families: listen, offer support and advice if asked, and don’t overpromise.  As the years went on I became more comfortable dealing with the families myself and realized there are no magic words that can lessen their pain.  Ironically, in my role today as a consultant to the police, prosecutors and families, I almost never meet my families face to face.  I still feel their pain through their emails and telephone calls.  But I also feel their relief when their loved ones body is found and the suspect arrested.  Relief tinged with sorrow though at the realization that their loved on is never coming back.  Being a victim or the loved one of a victim is a horrible state to be in and we all need to learn better how to deal with victims and their families.