Showing posts with label judicial system. Show all posts
Showing posts with label judicial system. Show all posts

Thursday, November 24, 2011

Judge William Adams, A Camera, and the Power of Light







By Roger A. Canaff, JD 


Roughly 2000 years ago an itinerant rabbi gave a sermon about light. The right thing to do with a lamp, said the rabbi, was to let it shine, not put it under a basket. That made sense in a time where light after sunset was a luxury; hence the parable. And of course, in the spirit of parables, there are other forms of light, and other functions for what we know as light. Light illuminates, and in so doing exposes.

In 2004, a remarkable young woman with a disability shined a light in the form of a video camera on the pathology, hatefulness and pure evil of a man who, until recently, had been a sitting judge in Texas. The video shows him, her father, beating her with a belt in a breathtakingly brutal way, over seven interminable minutes.

I am using words like “pathology” and “evil” distinctly, although as the study of psychology evolves, the difference between what we might call mental illness and what we have historically called evil are blurring in ways that make people like me- prosecutors, and arbiters of legal blame- uncomfortable. But for now, I’m comfortable, perhaps recklessly so, with discussing the two separately. I believe the man is probably sick. I also believe he’s evil.

Millions have seen the video. Millions more, thanks in part to the appropriate “trigger” warnings that have been associated with it, have demurred. I watched every second of it, and more than once. The video’s subject is my job, after all; I have seen things far worse, but in many ways I haven’t seen anything quite as naked and telling as this. Because sometimes it takes a camera in the right place at the right time to truly expose what lies beneath far more facades of normalcy than most of us understand. A camera won’t flinch. It won’t turn away. It will simply record with passive silence, and in situations like this one perhaps its growing ubiquity in our lives is a positive thing. After all, it allowed a 16 year-old Hillary Adams to preserve something that is simply unbelievable to many- that a respected member of the judicial bench, a smiling, reasonable looking man, would nevertheless be capable of a vicious beating laced with profanity against a young girl with cerebral palsy.

You see, I have prosecuted and assisted with hundreds of cases where I knew the truth, but also feared I’d never be able to infuse a jury with the courage to convict. I never had proof like the kind Hillary possessed; the kind she had the wherewithal and technology to create. And so doubt would creep in at the edges, doubt fueled by myths that protect men like William Adams and his now estranged wife. Myths that whisper that couples like the Adams’ aren’t the types who could hurt a disabled child that way. Myths that education, privilege, community stature, the genetic accident of white skin, and other niceties can’t co-exist with methodological torture and wanton cruelty. Myths like the one William Adams is selling right now, that the issue was really “discipline” and that what the video shows “looks worse than it is.”

Ah, but then sometimes, in blessed fashion, a camera shatters the myths; a camera placed by an intelligent and desperate child who has learned, as many family violence survivors do, to predict the escalation of hostilities that leads to violence.

So the video depicts exactly what occurred; it was Judge William Adams, community leader, outwardly decent parent, arbiter of justice, ripping into his child’s body with a lustful but eerily calm exuberance, armed with a leather strap. It was this man, uttering the word “f—king,” 14 times as he did so.

It was also Hillary’s mother, Hallie, whose participation was less violent but no less sickening. I’m glad that she has repaired her relationship with her daughter, and that Hillary has forgiven her. She’ll get nothing from me. I understand that I am running afoul of many domestic violence experts who maintain that a battered woman can be rendered powerless over years of brainwashing and abuse to where her own violence or failure to protect her children cannot be attributed to her in terms of blame. I am sympathetic to the dynamics that exist, and attribute the lion’s share of the blame to William Adams, where it belongs. But I draw the line on anyone who fails to protect their own children, regardless of what they are facing in another relationship. Hallie Adams’ explanation on Today was, to me, less than impressive. She calmly deflected blame by claiming victimhood herself and assigning an addiction to William. I’m sure this is accurate, but it doesn’t give her a pass where I’m concerned. She’s clearly not the primary abuser in the nightmare world Hillary navigated for so long. But she made choices that I cannot abide, and one of them was graphically showcased on this video with its own dose of profanity.

A five-year statute of limitations will likely protect both from criminal prosecution. Adams’ judicial career might be over, which would perhaps be the most just event he’s been witness to since that career began. There are many other ways to look at this case, Hillary’s courage and healing, and also the response to the video as Hillary is launched into a temporary but bright public spotlight. I wish nothing more than for her to live a full and happy life unencumbered by the evil visited upon her.

For me, though, the deepest value of what Hillary did by placing a running camera on her dresser and a scarf over the tell-tale blinking red light, was to allow a robotic, impassive eye to simply witness what far too many believe to be impossible. My friend and colleague Anne Munch once told me the story of a police chief in a small, idyllic Colorado town who was asked a typical ‘softball’ question by a reporter: “So, is this town a safe place to live?”

Rather than giving the pat and expected answer, the wise chief apparently looked at the reporter evenly and said what I believe might be the most plainly accurate thing that can be said about literally any locality on the globe.

“It depends on who you live with.”




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.  Visit Roger's website:  www.rogercanaff.com




Friday, April 15, 2011

Recovery Without Justice


By Sandra L. Brown, M.A.


At the heart of the victims' rights movement that I was involved in during the 1980's after my father's murder was the concept of judicial justice which would lead to psychological justice. It's a great concept and in a perfect world it would work in all situations. If you were wronged by the pathological person (physically hurt, conned out of money, screwed up custody situations, infidelity, spiritual abuse, etc.) the pathological would be held accountable in the courts for his behavior and more importantly, he would be forced into victim restitution in which he would have to repay or do something as a sign of his guilt and your pain.

Restitution, in and of itself, really doesn't heal anything. It does, however, make the victim/person harmed feel like the scales of justice changed.  The scales, which once grossly tilted toward him, now tilt in the victim's direction. For a brief moment in court, and for however long it takes him to pay or do the restitution, he is officially 'guilty.' Everyone knows he was charged and found guilty; now he is 'paying the price' for his actions. For a brief moment in court, a judge believes the victim! He believes the monster really did what the victim said he did. That, in and of itself, is often the psychological justice that victims really look for, and it helps them to heal.

In the case of murder trials, which I often attended, the family cannot be compensated in any true way that relieves their pain and suffering. Their loved one was murdered. No amount of restitution touches a human life. The best the family can hope for is either physical payment, prison, the death sentence, or some other act that the court assigns from the monster to the victim's family.

The judicial system acts as the conscience of this country. Victims seek solace in the courtrooms and chambers, hoping that justice will alleviate the pain, horror, and stigmatization of being a victim of the monster. But we know that in many cases, and I dare say most cases, that's not what happens. Restraining orders are not granted, arrests are not performed for stalking or violence, and children are given over to the pathological who is overtly violent, sick, drug addicted or otherwise an inept parent.

He continually violates the rules, but the court does not impose sanctions.  He doesn't pay child support, but his visitation continues.  He does not pay alimony, yet the court does not make him pay it.    He conned/stole thousands of dollars from you, but the court does not make him pay it. Your legal bill skyrockets as he does not pay what he has agreed to pay or been ordered to pay. Taking him to court again and again does no good; the pathological continues his behavior. The judge does not see past the expertly-crafted mask to the pathological's true nature-he gives him the benefit of the doubt, thinking him normal. Even when the court does order compliance, it does no good: the pathological laughs at court orders. You stand by, mouth gaping and wondering "Where is the justice? HOW does he get away with this?"

I have repeatedly said that the universe is strangely tilted to the pathological's benefit. If ANYONE will get away with a con or a criminal act, it will be them. The universal scales of justice tilt in his favor. Ironically, this somehow influences the judicial scales of justice. In the 20 years of doing this work I have seen pathologicals literally get away with murder, rape, embezzlement, breaking and entering, stalking, domestic violence, child abuse, and more. This ranks as the 8th Wonder of the World -- how pathologicals con their way out of the most vicious deeds and often never pay in any way for their behavior.

In these cases, women's hopes for justice, connected to their psychological healing, are dashed. The scales of justice will never be balanced -- she is not vindicated in the way that helps her heal. Even if he is found guilty of something, he rarely pays the price. If he is suppose to pay a fine, he doesn't. If he is suppose to go to jail/prison, it's postponed or over-turned. If custody is denied, it's later granted by another judge. If he embezzled, it's forgiven in exchange for an admission of guilt.

Victims' rights and its connection to judicial and psychological justice doesn't play out often in pathological relationships. The psychological justice that the victim is counting on in order to vindicate her -- her moment in which the conscience of this country believed her -- doesn't happen. Since we understand that psychological justice is what is most likely to help victims heal, now what?

I sternly tell victims of pathological relationships that they must recover without justice. We are not discussing 'what is fair'; the pathological has already skirted the issue of 'fairness.' He doesn't live that as a concept, and the law doesn't use it as a concept with him. If you desire to recover, heal and move forward with your life, you will have to recover without judicial justice. Without victim restitution. Without the conscience of this country validating your story.

You have to recover without a second of judicial support. Women who hinge their recovery on judicial justice or waiting for her day in court, or 'when he gets what's coming to him' will never recover. The universe is tilted in his favor, and your own recovery must be a daring adventure in the face of a lack of victims rights. Sometimes the only personal justice is recovering and living a great life. What he did to you doesn't define you, hold you down, or stop you from succeeding in your own spiritual outlook.

In the end, the only thing you really have control over is how you choose to see your situation. If you see yourself as a victim of the situation, you won't recover until you move past that view. If you see the situation from a different perspective - horrible things happened to you but don't define or restrain you, you will move forward -- with or without justice.

The most unfair situation is what you have lived through and the aftermath of the effects of the pathological relationship. In the face of this grossly dehumanizing experience is the indomitable spirit of recovery that can guide you to not only survive, but thrive in the face of great pain. I have every confidence you can heal, even without justice. Let us know if we can help you do that.

Wednesday, February 23, 2011

Mental Illness: Does it Deserve a Pass?



By Lyn Twyman

On February 4th, 24 year old Jessica Blackham of Greenville, SC gave birth to a baby boy.  She immediately abandoned the infant in the toilet of the arena where she had just finished watching a circus show.  It was approximately 90 minutes before the baby was found by maintenance workers.  Now Jessica is charged with unlawful neglect of a child and felony child abuse.  News about the case now is unnervingly quiet.


For this mother to dispose of her child, who is now fighting for his life from being abandoned in a toilet, is a sickening act of inhumanity and cruelty.  Stories like this are extremely disturbing and add another dynamic to family violence that we often don't think about, when people make arguments that because of a mental disorder they abuse others and therefore should be given some type of leniency. 

Blackham and her parents claim they didn't know she was pregnant, although she is currently the biological mother of a 4 year old.  Well, thanks to Discovery Health Channel's "I Didn't Know I Was Pregnant" I guess we're going to see more and more women use this very same alibi when they don't want to keep their children.  To add further insult to injury, Blackham is still out of jail under the judge’s ruling that while out on bond, she must hold down a job, cooperate with Department of Social Services and not leave her county.  This monster, Jessica Blackham, is still roaming the streets even though she disposed of her child like human waste, a crime punishable by a 30 year jail sentence!  Blackham also claims she doesn’t remember the incident after going to the public restroom that evening on February 4th.  So since she abandoned her child in a toilet and supposedly can’t remember, does she really need to be out in society among the rest of us? 

This society is too quick to use mental illness, the insanity plea or claim amnesia when crime is committed.  We are too quick to blame mental disorders for the violence that people commit, as if the disorder made the person raise their fist, or shoot the gun or in this case leave a baby in a toilet.  Additionally, Blackham had enough sense to check herself into a hospital after she delivered her innocent, helpless baby but wouldn’t do the same for her son. 


Or this


So where do we draw the line and say enough is enough?  Despite alleged medical claims for a scape goat, people still must pay for their crimes.  The fact that monster Blackham is still roaming the streets and not confined to a mental institution at the least until her next trial is a disgrace and a huge failure on the part of the judicial system.  If this had been a man who abandoned their child in a toilet and claimed the same argument as Blackham, do you think he would get the same treatment as she?  Or if Blackham were of another race, would she still be allowed to run the streets?  Why does she go free while a woman who hangs a dog for chewing her Bible in practically the same community is confined to a detention center?  Just click here for the story.  These are valid arguments that we have to explore when it comes to justice. 

I don’t believe justice is being served for the rest of society and especially for that poor innocent baby, now fighting for his life, when a judge lets a woman back out on the street that leaves her baby in a toilet.    What kind of hell is this?  We have been at a sad loss for a long time in our judicial system when people who commit heinous acts can plead insanity or memory loss and still maintain their freedom while people who commit petty crimes have their whole lives practically destroyed. 

Jessica Blackham, if you didn’t want your child, why not leave him somewhere like a hospital or adoption facility?  You almost killed your baby and he may be damaged now for life because of you.  Mentally ill or not, you don’t need to be running the streets to endanger the rest of our children.  Justice needs to be served for the poor baby and for all of the other children that suffered at the hands of dangerous, murderous parents.  Jessica Blackham needs to be confined, to serve her time and the judicial system needs a drastic overhaul.

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