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Saturday, May 26, 2018

Judge Douglas Walker Sentenced Baby Killer Dylan Kuhn to 90 Days in Jail

     On November 1, 2011, police officers in Cortez, Colorado, a town of 8,000 in the southwest corner of the state, responded to a call involving an infant who was not breathing. At the residence shared by Dylan Kuhn and his girlfriend April Coleman, police discovered the corpse of their 6-month-old daughter, Sailor Serenity Kuhn.

     Officers found the baby lying half off the bed with a blanket wrapped around her neck. One didn't have to be a trained, experienced homicide detective to know this was the scene of a crime rather than a natural or accidental death.

     According to the 19-year-old father of the dead baby, she had been crying in her bed when he returned home from a Halloween party. He calmed her down and went to bed himself. The next morning, Kuhn found the baby with the blanket wrapped around her neck. Kuhn said that a few days before her death, the infant had fallen off the couch and bumped her head.

     Following the autopsy, the Montezuma County Medical Examiner announced that the child's fatal injuries--a subdural hematoma and hemorrhaging in her optic nerve sheath--had been caused by being slammed violently against a soft but unyielding surface such as a mattress. The medical examiner ruled the baby's manner of death a homicide. The head trauma was too severe to have been caused by a fall off a sofa.

     When police interrogators confronted Kuhn with the forensic pathologist's findings, he admitted slamming the baby down hard on the mattress. He also confessed to placing the blanket around his daughter's neck to throw off investigators. He said he didn't mean to hurt his daughter. As to why he had lied to the police, Kuhn said he was scared, and worried what his girlfriend would think of him if he told the truth. The Montezuma County district attorney charged Dylan Kuhn with child abuse causing death, and the offense of manslaughter.

     Several months after Kuhn's arrest, District Attorney Russell Wasley, perhaps because of procedural mistakes made by the police and his office, approached Kuhn with a plea-bargain offer. If the defendant came clean, the prosecutor would drop the child abuse causing death charge. If the defendant pleaded guilty to manslaughter, the worst sentence he could get would be four years in prison.

     In accepting the deal, Kuhn admitted that he had "aggressively" put the baby to bed that night. She had  been crying, he became frustrated, told her to "shut-up," then slammed her body against the mattress. "I put her to bed too hard," he said. After his confession, Kuhn asked to consult with a defense attorney. The defendant said he was too young to understand how much trouble he might be in. (Kuhn was 19, old enough to vote and serve in the military. Under Colorado law, he is considered an adult. He had assaulted and killed his 6-month-old daughter. He wasn't retarded, or insane. He knew he had committed a terrible crime. That's why he lied to the police.)

     On October 2, 2012, Dylan Kuhn entered his guilty plea to the charge of manslaughter before District Court Judge Douglas Walker. Before imposing his sentence, Judge Walker heard from Kuhn's girlfriend (and mother of the dead baby) and his mother. According to April Coleman, Kuhn had always been good to his daughter. The defendant's mother, Vicki Espinoza, told the court that she was worried about what might happen to her son if he had to serve time in prison. (Perhaps Kuhn's mother should have worried about what might happen to her granddaughter when her son lost his temper.) "I don't know why it [the case] went this far," she said. "It was an accident." (Since when is slamming your baby to death an accident?)

     Judge Walker agreed with the defendant's mother that prison might not be a good thing for her son. (Who is it good for?) The judge also noted that the defendant was young, and had no history of violent crime prior to killing his daughter. In addressing Kuhn, the judge said, "I am giving you an opportunity. Make the best of this opportunity, if nothing else, to honor your daughter's memory."

     The judge's "opportunity" was this: He sentenced Dylan Kuhn to 90 days in jail, and four years of probation. Lest critics (like me) characterized this sentence as insanely lenient, Judge Walker ordered Kuhn to take parenting classes. (So does this mean that Judge Walker believed that the reason Kuhn killed his daughter involved his lack of formal education in parenting? I helped raise three children without parenting classes, and they're still alive.) The judge also ordered Kuhn to undergo mental and substance abuse evaluation. And finally, Kuhn, during his four year probationary period, was prohibited from being alone with any child under the age of ten.

     In June 2015, with 15 months remaining on his four year probation sentence, correction officials filed probation revocation charges against Kuhn for missing his mandatory appointments with his probation officer. When Kuhn failed to show up at his July 9, 2015 revocation hearing, a warrant was issued for his arrest. A few days later Kuhn was taken into custody at his mother's home in Cortez.

     At Kuhn's August 2015 probation revocation hearing, Judge Walker allowed the defendant to plead guilty to the revocation charges in return for a promise to undergo drug treatment.

     In November 2016, Montezuma County citizens voted to give Judge Walker another term in office. He won 62 percent of the vote.

    

Friday, May 25, 2018

The William and Christopher Cormier Murder Case

     Sean Dugas was an active participant in the community of enthusiasts devoted to the role-playing fantasy game, "Magic: The Gathering," a more violent version of "Dungeons & Dragons." The 30-year-old former reporter with the Pensacola Journal News shared a house in Pensacola with 31-year-old twins William and Christopher Cormier. At one time, the brothers had been part of the so-called "Magic community," but had lost interest.

     According to the police version of events, during the early morning hours of August 27, 2012, the Cormier twins murdered Sean Dugas by bludgeoning him with a hard object. Motivated by the intent to steal Dugas' $25,000 to $100,000 collection of Magic game cards, the murder took place in the rented Pensacola dwelling.

     Later on the morning of Sean Dugas' death, his girlfriend, with whom he had made plans to have lunch, stopped by his house. She knocked on the door, and when no one answered, left a note. Over the next couple of days, Dugas did not return his girlfriend's phone calls or text messages.

     On September 7, 2012, Dugas' girlfriend returned to his house to find it unoccupied and, except for a TV set, empty. She couldn't believe Dugas had moved out of the house without telling her. According to a neighbor, two men, four days earlier, had been at the house with a U-Haul truck. The girlfriend, after another week of not hearing from Dugas, reported him missing.

     On September 3, 2012, the Cormier twins, after buying a large plastic container at Walmart for Dugas' body, loaded up the U-Haul truck. Later that day they rolled up to their father's house in Winder, Georgia, a small town 45 miles northeast of Atlanta. They dug a hole in their father's backyard, lowered in the plastic container holding Dugas' body, then filled the grave with concrete. (The brothers told their father they had buried a dog.)

     Police investigators in Pensacola learned that the Cormier twins had sold Magic fantasy cards in Florida, Tennessee, and Georgia. People who knew Dugas told the police that he had recently spoken of moving to Georgia with William and Christopher Cormier.

     On October 8, 2012, detectives in Pensacola asked the police in Winder to locate the twins. At the Cormier house, officers noticed the fresh digging in the backyard. Shortly thereafter, a crew unearthed Dugas' concrete entombed remains.

     Police arrested the Cormier brothers the day the remains were found. They were initially charged with concealing the death of another. Two days later, after a forensic pathologist identified Dugas' body through dental charts and facial bone CT scans, a prosecutor in Pensacola charged the defendants with first-degree murder. Pending extradition to Florida, the brothers were held, without bail, in Georgia.

     In February 2014, the Cormier twins, in separate Pensacola murder trials, were found guilty as charged. In William's case, the jury deliberated only thirty minutes before reaching its verdict. The judge sentenced William Cormier to life without parole. His brother received a sentence of twenty-five years to life.

Drug War Informants: Collateral Damage

     Americans love drugs and they hate informants. But as a result of the endless war on drugs, more and more citizens are snitching on each other. Many arrested users are being turned into informants, or "flipped" by narcotics officers. Instead of snitching to avoid long prison sentences, some of these reluctant drug informants end up dead. In the language of war, they are collateral damage.

     For good or bad, informants have always played a vital role in law enforcement. Most of them can be placed into one of three groups: paid "professionals;" jailhouse snitches; and flipped drug arrestees. The professionals snitch for money, the jailhouse types do it for lighter sentences, and many of the flipped drug informants cooperate with the police out of fear and desperation. People caught in possession of small quantities of marijuana tend to be the least street-wise, and ill equipped to protect themselves against the targeted professional drug merchants. A good number of flipped informants are addicts who feel they have no choice but to put themselves in harm's way.

The Rachel Hoffman Case

     In February 2007, a Tallahassee police officer pulled over 23-year-old Rachel Hoffman for a routine traffic violation. The Florida State University graduate consented to a search of her vehicle that resulted in the discovery of less than an ounce of marijuana. A few weeks later, narcotics officers found, in her apartment, 5 ounces of grass and 4 ecstasy pills. The prosecutor charged her with several narcotics counts that, according to her arresting officers, would send her to prison. However, if she agreed to act as a snitch/undercover operative in a bust-buy drug sting, the prosecutor would put in a good word with the judge. After some initial resistance, Hoffman agreed to buy 1,500 ecstasy pills, 2 ounces of cocaine, and a handgun from two drug dealers she had never met. The fact a gun was involved didn't seem to bother Hoffman's police handlers.

     At seven in the evening on May 7, 2008, when Hoffman arrived at the sting site, the two suspects told her the deal would go down at another location. Surveillance officers watched as she climbed into a stolen BMW with the two drug dealers. They drove off, and Hoffman's handlers, unprepared for a last minute change of plans, lost touch with their civilian undercover operative. The drug suspects had figured out that Hoffman was a snitch, and shot her to death in the car with the firearm she was supposed to buy.

     In response to public outrage over Rachel Hoffman's murder while working for the Tallahassee police, Chief Dennis Jones publicly called her a criminal responsible for the botched undercover drug operation that led to her death. His mindless statement created such a firestorm of public criticism, the chief was forced to apologize. (I'm sure that was sincere.) The chief suspended the narcotics officers with pay, and admitted that his bungling drug cops had put an untrained informant in danger.

     In 2010, the two men who killed Rachel Hoffman were convicted of murder and sentenced to life. Also that year, the Florida legislature passed "Rachel's Law," a statute that requires law enforcement agencies in the state to take the following steps with regard to drug informants: upon arrest, advise them they cannot promise light sentences in return for their cooperation as snitches; and instruct them they have a right to consult with an attorney before agreeing to go undercover. If the drug arrestee agrees to help catch other drug offenders, they must receive a certain amount of training.

     I doubt that Rachel's Law has had much impact on how many arrestees drug cops in Florida flip. In my view, the practice of using arrestees as undercover narcotic agents should be prohibited. Unarmed civilians without police training and experience should not be coerced into becoming soldiers in American's drug war.
   

Thursday, May 24, 2018

Thornton P. Knowles On His One Childhood Vacation

When I grew up, very few lower middle-class people in West Virginia went places on vacation. When I was twelve, three years before my father went out to our barn to hang himself, we drove up to Niagara Falls, New York. We spent one night on the American side in a five-bucks-a-day place called Al's Cozy Cabins. No TV, no air conditioning, and no shower. Not too cozy. Rather than stand around looking at a lot of water falling off a cliff, I wanted to go to the local wax museum. My father said no, we needed that money for gas. I don't know what I expected to see up there, but found the whole experience tedious. That trip was our families' first and last, and I'm still not a vacations person. I guess I never learned how to relax away from home.

Thornton P. Knowles

Workplace Murder-Suicide: The Dangerous Employee

     During the past forty years, hundreds of government and private sector employees have gone ballistic and murdered two or more of their fellow workers, then killed themselves. While workplace shooting sprees have become relatively common, they still produce local headlines, and for a few days, national television coverage.

     News accounts of these violent outbursts almost always feature the question of why. What motivated the employee to commit mass murder, then take his own life? (About 85 percent of these killers are male.) Was the killer mainly motivated by the intent to murder, or to commit suicide? If suicide, why the murders? If murder, why the suicide?

     Many workplace killers are disgruntled, revenge-seeking employees with emotional problems and histories of mental illness and violence. The increasing frequency of these blood baths might reflect the deteriorating mental health of a nation devolving into a culture of violence, materialism, and entitlement.

     Employers of these homicidal workers are often accused, after the fact, of lax job applicant screening procedures. This is unfair because under federal law, employers are not allowed to ask job seekers all kinds of pertinent questions, including if they have histories of drug abuse, alcoholism, or mental illness. Whether or not a job applicant has ever been arrested is, by law, none of the employer's business. All of this information, of course, is relevant to the question of the applicant's fitness and qualifications for employment.

     Employers in workplace shooting cases are usually sued for having failed to recognize and react to signs of future workplace violence. But to be fair, there is no sure-fire way to identify employees who will "go postal." Quite often, employees who have been fired for violent and threatening workplace behavior return to the job weeks, months, and even years later with murderous and suicidal intentions. There is no way to predict or prevent this type of behavior. Police officers patrol the streets, and are now present in many public schools, but they are not in our homes and places of employment where the real danger lies.

     Lawrence Jones of Fresno, California is a good example of someone an employer shouldn't hire. The 42-year-old, since his early 20s, had been in and out of prison for armed robbery, assault, auto theft, and gun-related crimes. He had spent most of  his adult life behind bars. In September 2011, three months after his last parole, Jones began working at Apple Valley Farms, a chicken processing plant in Fresno. He was hired because there aren't many people willing to work in places like this. For fourteen months, Jones did his job, then something happened to set him off.

     At eight-thirty on the morning of November 6, 2012, four hours into his shift, Jones walked up to 32-year-old Salvador Diaz who was working in the grinding room. Because of the sound of the machinery, and the fact employees wore noise-protection gear, no one heard Jones shoot Mr. Diaz in the back of the head with his 4-shot .357 Derringer pistol.

     After murdering Mr. Diaz execution-style, Jones entered the deboning room of the plant and executed Manual Verdin, 34. Jones then wounded 28-year-old Arnuflo Conrriguez, and shot Fatima Lopez in the back as she fled the scene. Jones pressed the muzzle of his Derringer to the back of Estevan Catono's head and pulled the trigger. Fortunately for the 21-year-old intended victim, the gun was out of rounds.

     After killing two of his fellow employees, and wounding two others, Jones walked out of the plant, re-loaded the handgun, and fatally shot himself in the head.

     Investigators did not have a motive for the killings, nor did they know if these victims had been targeted. In all probability, these workers were simply unlucky by being at the wrong place at the wrong time.

     Fatima Lopez was treated at a local hospital and released. Arnuflo Conrriguez remained for awhile in serious condition at Fresno's Community Regional Medical Center.

Wednesday, May 23, 2018

Thornton P. Knowles On Why So Many Novelists Are Drunks

William Faulkner, Sinclair Lewis, and F. Scott Fitzgerald are probably three of the most notorious fall-down drunks in the literary history of Twentieth Century America. They are followed by Tennessee Williams, Truman Capote, and John Cheever. Many literary critics believe that all this drinking among male novelists stems from the fact that, in American culture, creative writing is not considered masculine. In other words, real men don't write. I'm not sure I buy that. I think maybe these literary booze-hounds where simply alcoholics who happened to take pen to paper. I'm a writer, and I accept the fact that a male who spends a good deal of his life sitting at a writing table is not a particularly manly way to live. In my case, while writing and teaching writing has significantly contributed to a life of self-loathing, it has not driven me to the bottle. At least not yet.

Thornton P. Knowles

The Bobby Wilson Murder Case

     About 6,000 people live in Spanish Fort, Alabama, a Gulf Coast suburb of Mobile on the eastern shore of Mobile Bay. In the early morning hours of August 11, 2007, Spanish Fort police officer Steve McGough pulled into Wilson's Service Center for gas and a cup of coffee. When McGough walked into the convenience store he found the owner, Arthur "Bobby" Wilson, slumped over the counter. The officer grabbed hold of the bleeding 71-year-old and helped him onto a chair. Mr. Wilson had been beaten in the head with a blunt object, and robbed. As the officer called in the robbery and assault, the victim made "gurgling sounds," and mumbled incoherently. Four months later, Mr. Wilson died from his head wounds. The victim had been unable to describe or name his assailant. The robbery/assault case had turned into a murder.

     In December 2008, shortly after Bobby Wilson's death, Baldwin County prosecutor Michael Plyant charged Leslie Eric Buzbee with capital murder in the case. Police arrested the 23-year-old and hauled him to the Baldwin County Corrections Center in nearby Bay Minette, Alabama. The murder suspect remained in custody without bail.

     Detectives had learned that days before the robbery/assault, Buzbee, who lived ten minutes from the service station and knew the victim well, had asked Mr. Wilson to cash a check. According to the police theory of the case, when Bobby Wilson refused to cash Buzbee's check, the suspect assaulted him with an aluminum baseball bat the victim kept on the premises. The authorities were convinced that Buzbee, high on cocaine and in desperate need of money, assaulted Mr. Wilson out of anger and the need for cash to support his drug habit.

     Leslie Buzbee's trial got underway on May 4, 2009 in Bay Minette. His attorney, John Beck, exploited the fact the prosecution, without the murder weapon, physical evidence linking the defendant to the crime scene, a confession, or an eyewitness, had an extremely weak, circumstantial case. As it turned out, Attorney Beck was right. Four weeks later, the judge declared a mistrial after the jury could not reach an unanimous verdict.

    Following the hung jury, prosecutor Plyant decided to try again. The second trial, which commenced in August 2009, ended prematurely when the judge declared a mistrial on a procedural issue.

     On August 8, 2009, the Baldwin County prosecutor took a third run at Leslie Buzbee. Without new, incriminating evidence, the third jury to be empaneled in the case, after four hours of deliberation, found the 25-year-old defendant not guilty. Buzbee, having been incarcerated in the Baldwin County Correction Center since December 2008, walked free. (The double jeopardy clause of the U.S. Constitution protects Buzbee, regardless of what new evidence might surface, from being tried a fourth time for Mr. Wilson's murder.)

     Following the not guilty verdict, in response to a reporter's question about whether the authorities would re-open the murder case, prosecutor Plyant said, "The investigation is done because we tried the person we believe did the crime."

     The Wilson murder case, from an investigative point of view, produced a suspect, but didn't feature enough hard evidence to support a conviction. Had Bobby Wilson, before he died, been able to communicate with the police, the outcome of this case might have been different.

     On December 31, 2012, officers with the Mobile Police Department arrested Leslie Eric Buzbee in connection with a series of residential burglaries and thefts from vehicles. Officers found cocaine and drug paraphernalia in his car. At the time of his arrest, Buzbee was the subject of several burglary warrants issued out of Baldwin County. He was back in jail, but not for murder.

     In May 2013, while out on bond for the December 2012 case, Buzbee was charged in Baldwin County with second-degree receiving stolen property. (As of this writing I can find no disposition of these cases on the Internet.) As for Bobby Wilson, no one has been held accountable for his murder.

The Illegal Possession of a Secret Compartment

     Civil libertarians are criticizing Ohio police for arresting a driver because his car contained a compartment that could theoretically store illegal drugs, though no drugs were found at that time.

     The driver…was pulled over for speeding. A highway patrolman noticed wires running to a secret compartment in the car and arrested the suspect, even though there were no drugs in the compartment. The officer also claimed he smelled marijuana in the compartment--giving him probable cause to search it--though none was ultimately discovered.

     It makes no difference whether police find drugs or not, according to a new Ohio law that prohibits secret compartments.

Robby Soave, The Daily Caller, December 30, 2013 

Tuesday, May 22, 2018

Thornton P. Knowles On The Unlikable Politician

In politics there are two kinds of sociopath: likable and unlikable. The likable politician has learned how to behave like a normal person and gets by under a veneer of oily charm. A sociopath who can act like a regular person will occasionally apologize, not because he feels bad about something he's done or said, but because it's politically advantageous. The unlikable sociopath survives by intimation and fear. When forced to apologize for something, the unlikable comes off wooden and insincere. The unlikable politician should never apologize. The better approach for the politician who can't fake contrition is to deny, blame others, or claim some kind of victimhood. Since a sociopath cannot conceive of doing anything wrong, this approach is at least sincere.

Thornton P. Knowles

The Adam Kaufman "Spray Tan" Murder Case

     Adam Kaufman, on November 7, 2007, called 911 from his home in Aventura, Florida. Sounding hysterical, the 34-year-old south Florida real estate developer informed the dispatcher that he had awaken that morning to find his wife, Eleonora (Lina) slumped unconscious in the bathroom, her neck draped over a bar on a magazine rack. Paramedics rushed the 33-year-old to the hospital where she died later that day.

     One of the responding officers with the Aventura Police Department touched the hood of Adam's car and found it warm. Another officer noticed that only one side of the couple's bed had been slept in. As a result, the police didn't believe Adam Kaufman when he claimed to have slept all night next to  his wife.

     Associate Miami-Dade County Medical Examiner Dr. Chester Gwen conducted the autopsy. Although the forensic pathologist found injuries on Lina's upper-back and abrasions on her chin, neck, left shoulder, and chest as well as hemorrhages in her interior neck muscles, declared her cause and manner of death "undetermined."

     Without a finding of death by homicide, the Kaufman case remained in limbo for 18 months. In May 2009, Miami-Dade County Chief Medical Examiner Dr. Bruce A. Hyma, ruled that Lina Kaufman had died by mechanical asphyxiation, that she had been strangled. The following month, the prosecutor, even though he didn't have evidence of marital strife, or a motive, charged Adam Kaufman with second-degree murder.

     At Kaufman's bond hearing, his attorneys revealed the defense version of the death: Lina Kaufman, with a history of fainting spells, had applied a spray-on tanning substance that resulted in a violent allergic reaction causing respiratory failure. When she collapsed, she fell with her neck draped over the magazine rack bar.

     Adam Kaufman's trial commenced on May 7, 2012 before Judge Brownyn Miller in Miami, Florida. A week later, following the jury selection process, defense attorney Bill Matthewman, in his opening remarks, unveiled the new defense version of Lina Kaufman's death: while sitting on the toilet she had a heart attack and fell forward with her neck hitting the bar of the magazine rack. In addressing the prosecutor's case, attorney Matthewman said, "The state's evidence cannot even prove that a homicide occurred, let alone that Adam Kaufman did it....The case is a tragedy of errors. An innocent man was charged with a non-existent crime...."

     Prosecutor Joe Mansfield, in his opening speech to the jurors, said that Lina Kaufman had been a "healthy, active woman, arguably in the best shape of her life. All of that ended because of the actions of that man, her husband."

      In this case, the outcome would come down to how Lina Kaufman had died, naturally or by the hand of her husband. That meant that the important testimony would be of a medico-legal nature.

     On May 16, Dr. Bruce Hyma took the stand for the prosecution. The Chief Medical Examiner for Miami-Dade County testified that Lina Kaufman had died from strangulation and not a heart attack. Dr. Tracy Baker, the plastic surgeon who had enhanced Mrs. Kaufman's breasts, told the jury that when he examined her a few months before her death, she was in good health. Defense attorney Albert Milian asked Dr. Baker on cross-examination if Lina could have been lied to him about her medical history. The witness answered yes.

     Dr. Chester Gwen, the former Miami-Dade County forensic pathologist who had performed the autopsy in 2007, testified that the injuries he had found on Kaufman's body had not been caused by emergency personnel who had tried to revive her. On cross-examination, Dr. Gwen admitted that in April 2012, he had said that in his expert opinion, the cause of Lina Kaufman's death was still a mystery to him. The forensic pathologist also said that Dr. Hyma, before he ruled the death a homicide by strangulation, had not consulted with him.

     Larissa Adamyan, a friend of the deceased woman, took the stand on behalf of the prosecution. As it turned out, her testimony helped the defense more than the prosecution. The witness described the relationship between the defendant and his wife as a "loving marriage." Ten hours before Lina's death, in anticipation of Adam's brother Seth's upcoming wedding, she had gotten a spray tan.

     Aventura police officer Robert Meyers took the stand and said that at the hospital the day Lina died, he overheard the defendant tell three different versions of what he had seen that morning in the bathroom. According to this witness, the defendant said he had found Lina's neck resting on the toilet bowl; her body slumped over the toilet; and her head hung over the magazine rack. On cross-examination, defense attorney Milian got the witness to admit that none of this information was included in his police report.

     Dr. Bruce Hyma re-took the stand on May 2, 2012 to explain why it had taken 18 months to declare Lina Kaufman's cause and manner of death as a strangulation homicide. The forensic pathologist attributed this passage of time to a delayed toxicological report and the fact he wanted to be sure he made the right call. On cross-examination, the defense attorney accused the medical examiner of caving in to pressure from the prosecutor to declare Lina Kaufman's death a homicide.

     Prosecutor Mathew Baldwin, during the direct examination of a friend of the deceased woman, asked if the witness had been aware that the defendant, shortly after his wife's death, had been carrying on with another woman. This question brought an objection from the defense. Judge Miller called the attorneys to the bench and excused the jury. In justifying this line of questioning, prosecutor Baldwin said, "He's [the defendant] is asking this girl out with his dead wife's wedding ring on his finger the next month in December 2007. [Lina died in November.] By January and February, they're having regular sex. He was not exactly devastated by his wife's passing. The best analogy I can think of is when Casey Anthony was getting a tattoo [after the death of her child]."

     Judge Miller asked the prosecutor if the state had evidence that the defendant had been unfaithful to his wife. The answer was no. Judge Miller ruled that the prosecution could not present evidence of the defendant's post-death dating. At his point, defense attorney Matthewman asked the judge for a mistrial on the grounds the jury had heard the question which had planted the idea in jurors' minds that the defendant had not been a good husband. Judge Miller denied the motion. She had told the jurors to disregard the question.

     That afternoon, a Miami-Dade crime scene technician testified that Lina Kaufman's fingernails contained traces of her blood and tissue, suggesting she had clawed at something around her neck. The prosecutor also called a physicist to the stand who said it would have been physically impossible for Lina to have fallen off the toilet and land with her head draped over the magazine rack. With that, the prosecution rested its case.

     On Thursday, May 24, the defense launched its case by calling Lina's mother Frida Aizman to the stand. This witness told the jury that she and her family loved the defendant, and after Lina's death they had become even closer. The witness also testified that in the weeks leading up to her daughter's death Lina had complained of headaches and feeling weak. She had tried yoga to relieve her headaches.

     Miami-Dade fire rescue captain, Joseph Carman, the first responder to enter the Kaufman house, testified that he found the defendant giving Lina CPR. According to the witness, Mr. Kaufman was wearing a t-shirt and boxer shorts. The defense presented this testimony because it was consistent with Adam Kaufman's story that he awoke after a night of sleep to find his wife collapsed in the bathroom.

     Thomas Hill, a Broward County Sheriff's Office crime scene investigator took the stand for the defense and criticized Kaufman case investigators for not collecting important physical evidence. The witness said they had failed to gather Adam Kaufman's clothing, magazines from the bathroom rack, and bedding from the master bedroom. The crime scene investigator also said he could see no evidence of a struggle in the small bathroom. "My goodness," he said, "she would have been kicking those walls in, and I don't see any of that." The witness said that if Lina had been strangled, the defendant would have had gouge marks on his arms from her trying to claw them from her neck.

     Dr. John Marriccini, the former Palm Beach County Chief Medical Examiner, testified that the forensic pathologists in the Kaufman case had overlooked Lina Kaufman's history of health problems which included heart disease. Celebrity forensic pathologist Dr. Michael Baden climbed into the witness box and said, "Lina Kaufman did not die of unnatural causes. There was no homicide, there was no murder. She died of natural causes." Dr. Baden testified that in his expert opinion, Miami-Dade County Medical Examiner Bruce Hyma had based his homicide ruling on the work of two rookie forensic pathologists who had gotten it wrong. Dr. Baden said Lina Kaufman died of an heart attack and that the injuries to her throat from hitting the magazine rack had been exacerbated by bungled resuscitation attempts by the defendant and paramedics. Following Dr. Baden's testimony, the defense rested its case without putting the defendant on the stand.

     On May 31, 2012, because the defense had portrayed the Kaufman marriage as blissful, Judge Miller allowed the prosecution to put Fara Corenblum, a rebuttal witness, on the stand. According to Corenblum, she and the defendant started an affair a month after Lina's death. The witness said she ended the twice-a-week relationship after she realized he was not ready to move on following his wife's death. For the prosecution, Corenblum's testimony, by casting a sympathetic light on the defendant, may have done more harm than good.

     Both sides made their closing arguments on Monday, June 4, 2012. The next day, the case went to the jury. At five o'clock that evening the jury returned with its verdict: not guilty.