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Tuesday, April 23, 2024

The David Tarloff Murder Case

      In 1991 psychiatrists diagnosed David Tarloff with schizophrenia when the 23-year-old was in college. Over the next seventeen years the Queens, New York resident, on twelve occasions, ended up in a hospital mental ward. There was no question that the man was mentally ill.

     Tarloff lived with his mother in a Queens apartment until 2004 when she moved into a nursing home. By 2008 the 40-year-old schizophrenic had convinced himself that his mother was being abused by nursing home personnel. That's when he concocted a plan to rob Dr. Kent Shinbach, the psychiatrist who had initially treated him in 1991. With the money he hoped to acquire by using the doctor's ATM code, Mr. Tarloff planned to pull his mother out of the nursing home and take her to Hawaii.

     In February 2008, after making several phone inquiries David Tarloff learned that Dr. Shinbach had offices on Manhattan's Upper East Side. In preparation for the robbery Tarloff purchased a rubber meat mallet and a cleaver that he packed into a suitcase filled with adult diapers and clothing for his mother.

     On February 8, 2008 Mr. Tarloff showed up at  Dr. Shinbach's office armed with the meat cleaver and the mallet. But instead of encountering his robbery target he was confronted by Dr. Kathryn Faughey, the 56-year-old psychotherapist who shared office space with Dr. Shinbach.

    In the Manhattan doctor's office David Tarloff smashed Dr. Faughey's skull with the mallet then hacked her to death with the meat cleaver. He also attacked Dr. Shinbach when the psychiatrist tried to rescue his colleague. The assailant fled the bloody scene on foot and was taken into custody shortly thereafter. Dr. Shinbach survived his wounds.

     The Manhattan District Attorneys Office charged David Tarloff with first-degree murder. The defendant's attorney acknowledged what his client had done but pleaded him not guilty by reason of insanity. If a jury found that at the moment the defendant killed Dr. Faughey he was so mentally ill he couldn't appreciate the nature and quality of his act, they could return a verdict of not guilty. Instead of serving a fixed prison term Mr. Tarloff would be placed into an institution for the criminally insane. The length of his incarceration would be determined by the doctors who treated him. If at some point the psychiatrists considered him sane enough for society he could be discharged from the mental institution. (It is for this reason that most jurors are uncomfortable with the insanity defense, particularly in cases of extreme violence.)

     Under American law criminal defendants are presumed innocent and sane. That means the prosecution has to prove guilt beyond a reasonable doubt. The defense, in insanity cases, has the burden of proving, by a preponderance of the evidence (a less rigorous standard of proof) that the defendant was out of touch with reality when he or she committed the homicide. Since even seriously psychotic murder defendants are aware they are killing their victims, insanity verdicts are rare. This is particularly true in rural communities where jurors prefer to send mentally ill murderers to prison.

     After years of procedural delays David Tarloff's murder trial got underway in March 2013. A month later, following the testimony of a set of dueling psychiatrists, the case went to the jury. After ten days of deliberation the jury foreman informed the judge that the panel had not been able to reach an unanimous verdict of guilt. The trial judge had no choice but to declare a mistrial.

     The Manhattan prosecutor in charge of the case announced his intention to try David Tarloff again.

     In May 2014, at his second trial, the jury rejected the insanity defense and found David Tarloff guilty of first-degree murder. The judge sentenced him to life in prison without the possibility of parole.     

Monday, April 22, 2024

James Wolcott aka James St. James: Mass Killer to Professor

     In 1967 when he was fifteen, James Gordon Wolcott lived in the central Texas town of Georgetown, the home of Southwestern University. His father, Dr. Gordon Wolcott, headed up the university's Biology Department. His mother Elizabeth, an outgoing woman, was active in the religious community. James and his 17-year-old sister Libby attended Georgetown High School.

     At ten o'clock on the night of August 4, 1967, James Wolcott and his his sister Libby returned home after attending a rock concert in nearby Austin. Just after midnight James sniffed model airplane glue to give himself a "boost." Armed with a .22 rifle he walked into the living room and shot his father to death by shooting him twice in the chest. In his sister's room James killed her by shooting her in the chest and in the face. The teenager found his mother in her bedroom where he shot her twice in the head and once in the chest.

     With his father and sister dead, and his mother in her room dying, James Wolcott hid the rifle in the attic crawlspace above his bedroom closet. After he disposed of the weapon he ran out of the house and flagged down a car occupied by three college students. After telling these students that someone had killed his family, they returned with him to the house. Inside the dwelling the students found Mrs. Wolcott barely alive in her bedroom. One of the young men called for an ambulance and the police. (This was pre-911.)

     On the front porch of the Wolcott house,James kept yelling, "How could this happen!" He, of course, knew exactly how it happened. When it occurred to the college kids that the killer could still be in the dwelling they fled the scene.

     Later that morning Elizabeth Wolcott died at the hospital. A minister who happened to be a Wolcott neighbor took James to his parsonage. A few hours later, when a Texas Ranger asked James if he had killed his family,the youngster said, "Yes, sir." At that point James had the presence of mind to describe in detail what he had done. At the killing site he showed police officers where he hid the rifle.

     When asked the obvious question of why, James said he hated his family. He later told psychiatrists that his mother chewed her food so loudly he had to leave the room. His sister had an annoying Texas accent and his father made him cut his hippie hair and wouldn't allow him to wear anti-Vietnam war buttons or attend peace rallies.

     Several psychiatrist interviewed James at the Williamson County Jail. From the young mass killer they learned that he had been sniffing glue for several months. James also told the doctors that he had contemplated suicide. He said that his parents and sister had tried to drive him insane. He killed them before they had a chance to murder him.

     Although James Wolcott and members of his family did not have histories of mental illness, the psychiatrists concluded that the boy suffered from paranoid schizophrenia. (There may have been doctors who disagreed with this conclusion.) One thing was certain, with an I Q of 134, the boy was no dummy. Notwithstanding the diagnosis of schizophrenia the psychiatrists declared the defendant mentally competent to stand trial as an adult.

     As could be expected, the murder defendant's attorney, Will Kelly McClain, set up a defense based on legal insanity. In October 1967, following a short trial, the all-male jury found James Wolcott not guilty by reason of insanity. The jurors believed that James had been so mentally impaired he had no idea that killing his family was wrong. (Since the Wolcott verdict only a handful of Texas murder defendants have been declared not guilty by reason of insanity. This rarely happens because there is no such thing as a mental illness so severe that it completely destroys a killer's appreciation of what he is doing. In the history of Texas jurisprudence the James Wolcott case is an anomaly.)

     In February 1968 the trial judge sent James Wolcott to the Rusk State Hospital in Nacodoches, Texas. He was to be incarcerated there until he regained his sanity. That sentence placed his fate in the hands of psychiatrists.

     In 1974, seven years after the mass killing in the Texas college town, Rusk State Hospital psychiatrists declared the 24-year-old killer sane. The young man had made a remarkable recovery for someone who had been so mentally ill that he didn't realize that shooting his family to death was wrong.

     As the only surviving child of his deceased parents, James Wolcott inherited their estate and started receiving a monthly stipend from his father's university pension fund.

     Upon his departure from Rusk State Hospital James Wolcott took up residence in Austin, Texas where he enrolled at Stephen F. Austin University. Just two years later he had a Bachelor's Degree in psychology.

     At some point in the late 1970s James Wolcott changed his name to James David St. James. In 1980, Mr. St. James, having acquired his Master's Degree began his doctoral work in psychology at the University of Illinois. In 1988 Dr. St. James began teaching psychology at Millikin University, a Presbyterian liberal arts institution in Decatur, Illinois. No one at the school knew that the psychology professor had shot three members of his family to death twenty years earlier. Had he included this background information on his job application it is doubtful the university would have hired him. Having been declared criminally insane in the field of academic psychology is not a job-hunting selling point.

     In July 2013 a Texas journalist named Ann Marie Gardner published an article that revealed Dr. St. James' homicidal past. When the story broke the academic, who did not have a family of his own, headed the Behavioral Sciences Department at Millikin University. While the secretive professor's colleagues and students were probably shocked, no one at the school voiced disapproval. In fact, at least in academic circles, Dr. St. James emerged from his exposure as a hero, a poster-boy for the power and glory of the behavioral sciences. (Had he been working for a plumbing company he would have been fired.) If the professor's colleagues and students were stunned by the creepy irony of Dr. St. James' story, no one said so. 

     There were probably members of the Wolcott family who were still psychologically scarred by James Wolcott's killing spree. There was no indication, however, that what took place that night in 1967 had any lingering affect on the killer himself. And there was no evidence that Dr. St. James was still a schizophrenic. This was interesting because the disease is incurable. 

     One possible explanation for James Wolcott's rapid and apparent total recovery from this devastating disease is that he wasn't insane in the first place. Following his arrest James told his interrogators that he had been thinking about killing his family for a week. Moreover, if he wasn't aware that what he had done was wrong, why did he hide the gun? Is it possible he was a brilliant sociopath who fooled the psychiatrists and gamed the criminal justice system?

Sunday, April 21, 2024

Courtroom Psychologists and Criminologists

     As trial witnesses, experts are brought into the courtroom to help jurors understand things beyond their knowledge as laypersons. Unlike ordinary witnesses experts can express their opinions which because they are experts carry extra weight. Through exhibits and testimony these specialists can point out similarities or dissimilarities between, say, a defendant's known fingerprint, hair follicle, DNA or handwriting to a crime scene fingerprint, strand of hair, bloodstain or a questioned document. A forensic pathologist in a murder case might be able to tell jurors when, where, and how the victim had been killed. While these courtroom experts work with physical evidence and apply science to their inquiries, even they don't always draw the same conclusions after analyzing the same evidence. For the administration of justice this is not good.

     In terms of disciplines and fields of study, the more courtroom experts there are and the less stringent the legal standards are for who qualifies as an expert, the worse it is for the trial process. Today there are too many trials featuring dueling expert testimony. Instead of helping jurors determine the facts of a particular case the competing experts render the process more difficult and unreliable. This is why, especially in the soft-science disciplines of criminology (sociology) and psychology, trial judges should deny these practitioners expert witness status. In other words, when it comes to courtroom testimony, we'd be better off if they kept their opinions to themselves.

Psychologists in Child Abuse Cases

     Pennsylvania is the only state where prosecutors are not permitted to call psychologists to the stand as expert witnesses in child molestation cases to help jurors evaluate the credibility of young accusers. Specifically, in cases where victims of sexual abuse waited months or even years to come forward, prosecutors want psychologists to explain why this doesn't mean these accusers are not believable. These expert witnesses, according to prosecutors, can help jurors understand the psychology of this form of victimhood.

     Defense attorneys, on the other hand, object to this form of expert testimony on the grounds it usurps the role of the jury and the power of common sense in deciding if a particular accuser is a credible witness. In performing this duty, jurors do not need the help of a psychologists whose opinions on such matters are no better than anyone else's. Moreover, history has shown that too many psychologists testifying for the prosecution lose their objectivity by thinking of themselves as members of law enforcement teams. (For a good example of this phenomena look up the historic McMartin preschool sex abuse case.)

      In American jurisprudence there are expert witnesses testifying on virtually everything under the sun. It has become a racket. Expert witnesses cost a lot of money and are corrupting the trial process. Some experts will testify for whoever will pay them. Others specialize in helping one side or the other. Too many of these witnesses claim expertise in fields and disciplines that are themselves bogus, and many come into court with phony resumes. In selecting between dueling experts jurors might side with the hired-gun who looks the best or is the most persuasive. A complete phony can look and sound more credible than his or her more credentialed counterpart.

     Psychologists and criminologists, among others in the soft sciences, should not be qualified as expert witnesses. The jury process and the criminal justice system would be better off without their conflicting opinions.

Saturday, April 20, 2024

The Joyce Garrard Murder Case

      On Friday, February 17, 2012, 27-year-old Jessica Mae Hardin scolded her 9-year-old step-daughter for lying to her grandmother about eating a candy bar. As punishment, Savannah Hardin was told to run, and keep running while carrying an armload of firewood. At four that afternoon a neighbor saw the third grader running laps around the family's doublewide trailer home in rural northeast Alabama. At six-forty-five that evening the stepmother called 911 after Savannah started having seizures. Finding the girl unresponsive, emergency medical personnel rushed her to the Gadsden Regional Medical Center in Birmingham, Alabama.

     On Monday, February 20, 2012 the 9-year-old died. According to the state forensic pathologist who performed the autopsy she had been severely dehydrated with a dangerously low sodium level. Before she collapsed Savannah had been running for three hours.

     Deputies with the Etowah County Sheriff's Office took the stepmother and the victim's 46-year-old grandmother, Joyce Garrard, into custody. The grandmother was charged with capital murder. If convicted she faced either life without parole or the death penalty. The pair were booked into the Etowah County jail, each under a $500,000 cash bond. The stepmother, Jessica Hardin, faced the charge of felony-murder,.

     According to the step-mother's estranged husband (apparently not the girl's father), Joyce Garrard suffered from bi-polar disorder and was a heavy drinker. Both women denied any wrongdoing in the child's death.

     In January 2013, after a judge reduced Jessica Hardin's bond to $150,000, the stepmother posted bail and walked out of the Etowah County lockup. The grandmother remained in custody.

     On August 26, 2014, Etowah County Circuit Judge William Ogletree moved the grandmother's murder trial from September 2014 to February 2015. The judge cited "discovery and procedural issues" as reasons for the delay.

     The Joyce Garrard murder trial got under way in the Etowah County Courthouse on March 9, 2015. Following the selection of jury made up of ten men and six women, four serving as alternates, Chief Deputy District Attorney Marcus Reid made his opening statement. According to the prosecutor, the defendant acted like a "drill sergeant who ran her granddaughter to death.

     Defense attorney Dani Bone told the jurors that her client meant no harm to her granddaughter. The girl wanted to run and to get faster after she had finished second in a race at school. As for the cause of her death, the girl had recovered at the hospital before dying from prior health complications.

     Prosecutor Reid put Dr. Emily Ward on the stand, the forensic pathologist who performed the autopsy on Savannah Hardin. The expert witness testified that the victim had died from her seizures linked to abnormally low sodium levels caused by "prolonged physical exertion and heat exhaustion." According to Dr. Ward, the victim's left arm had three bruises caused by carrying the firewood as she ran.

     Heather Elgin Gibson, a nurse who was on duty at the Gadsden Regional Medical Center when the girl was brought in said the victim was unconscious and unresponsive. The witness said she mistakingly "clicked a wrong button" on an electronic chart that made it appear the patient was alert at one point. She was not.

     On March 16, 2015, defense attorney Bone, after the prosecution rested, asked Judge Ogletree to direct a verdict of acquittal on the grounds that the state had not proven its case. Attorney Bone said that if the defendant had wanted to punish the child for a lie there was no reason for her to force the girl to run until she died. "Discipline means teaching a lesson," he said. "How is the defendant going to teach a lesson if she kills her?"

     Prosecutor Reid, in arguing that the state had presented enough evidence to require a defense, pointed out that the defendant had kept yelling at the child to run even after she was on the ground vomiting and begging to stop. "You judge a person's state of mind by what they do," he said.

     The judge ruled in favor of the prosecution which meant that the defense would have to put on its case.

     Donna Johnson, Savannah Hardin's principal at Carlisle Elementary School, testified that the defendant had shown concern for her granddaughter. (This countered the testimony given by a physician who had treated the victim. The doctor had described the defendant as uncaring.)

     Dr. Deborah Smith, a physician with Quality of Life Health Services took the stand for the defense. Dr. Smith said she had treated Savannah Hardin for attention deficit hyperactivity disorder (ADHD). Under cross-examination the witness admitted telling investigators that she was concerned that the patient did not have a normal relationship with the defendant and her stepmother, Jessica Hardin.

     On March 18, 2015 Joyce Garrard took the stand on her own behalf. She testified two hours during which time she became tearful as well as defiant. According to the defendant, she had punished her granddaughter that day by making her pick up sticks in the yard for 30 to 45 minutes. As the witness relayed her version of the case she drank freely from a water bottle at her side on the witness stand.

     When asked about the running, Garrard described it as "more of a jog, not a full run." The witness said, "You can't make Savannah run. She runs when she wants."

     "Did you ever intend to hurt Savannah?" asked the defense attorney. "Absolutely not," came the reply. "I would rather die than harm Savannah."

     The defendant denied that Savannah was ever down on all fours vomiting. When pressed about this on cross-examination the witness admitted that the girl had vomited once then continued with her activities.

     Late in the day on Saturday March 21, 2015, the Etowah County jury found the defendant guilty of capital murder. As the jury foreman read the verdict, Garrard lowered her head and cried. Others in the courtroom expressed their approval of the jury's decision.

     The penalty phase of the trial began on Monday March 23, 2015. Three days later, the jury recommended life in prison for the convicted grandmother. Five of the Etowah County jurors had voted for her death.

     On May 11, 2015 Judge Ogletree sentenced Garrard to life in prison without the possibility of parole.

     In June 2016 the victim's stepmother, Jessica Hardin, pleaded guilty to aggravated child abuse. Judge Ogletree sentenced her to twenty years in prison.

Friday, April 19, 2024

Protecting Classroom Pedophiles in California

     On January 30, 2012, Los Angeles County sheriff's deputies arrested 61-year-old elementary teacher Mark Berndt on 23 counts of lewd acts against minors. The third grade teacher at the Miramonte Elementary School in Florence Firestone, an unincorporated community in Los Angeles County, stood accused of photographing 6 to 10-year olds in bondage positions, some with live bugs crawling on their faces. A few of the girls were shown holding spoons containing a white liquid up to their mouths. Children were also pictured about to eat cookies allegedly topped with the teacher's semen.

     Because of the influence of the California Teachers Association (CTA) and other education unions in the state, school administrators couldn't fire anyone, including teachers like Mark Berndt. In the Miramonte school, because parents were so outraged and held protests, school administrators managed to get Berndt out of the classroom by paying him $40,000 to retire. That's how bad it was in the Golden State where it was truly golden for pedophiles working in the state's education system. (You can see why in California the firing of a merely incompetent teacher is impossible. The unions simply won't allow it. Rotten teachers who lose their jobs in other states can find a teaching position in California. The pay is outstanding, benefits are out of this world and it doesn't matter if teachers are any good. Moreover, for pedophiles California classrooms are heavens on earth.)

     In 2012, in the wake of the Miramonte school scandal (Berndt wasn't the only pedophile working there), a group called Democrats for Educational Reform introduced legislation in the state senate (S.B. 1530) that made it easier to dismiss teachers accused of sex, violence, or drug offenses against children. That bill, with vast public support passed the Senate on a 33-4 bipartisan vote.

     In the California Assembly, when the Senate-passed legislation came before the Assembly Education Committee, committee members, by refusing to vote on the bill, killed the proposed law in committee. (These politicians didn't have the courage to vote "no"which meant the bill did not reach the Assembly floor for a vote. If it had it would have passed by a wide majority.)

     The committee members who killed this child protection legislation had bowed to the state's powerful teachers' unions, including the CTA. All of the state politicians who killed the bill through their abstentions had been beneficiaries of large CTA political contributions. The fact that the CTA could stop legislation favored by a vast majority of California voters showed who was really running the show in the state. Democracy be damned. Moreover, the undermining of this needed legislation revealed what most citizens of the state already knew--that in California it was unions first, teachers second and students, parents and education third--and a bad third at that. It was no wonder the state had one of the worst public education systems in the country. 

     In California the CTA, backed by an army of 325,000 teachers and plenty of money to bribe and control state politicians was in reality the fourth branch of government. As the biggest political spender in the state its influence dwarfed other special interest groups. From 2000 through 2009 the CTA alone shelled out more than $211 million in political contributions and lobbying expenses. That was twice the amount given to politicians by the second largest bribery machine, the Service Employees International Union (SEIU). Since 2009 the CTA pumped another $50 million into the state's political community. 

     The fact that teacher's unions in California and other states were destroying the quality of public education in the country was bad enough. Even worse, they were enabling and protecting classroom child abusers. As long as school administrators couldn't protect students from the likes of Mark Berndt classrooms were not safe for children. 

      As for Mark Berndt himself, he pleaded no contest in November 2013 to 23 counts of lewd acts on children. The judge sentenced him to 25 years in prison. A year later the Los Angeles United School District agreed to pay out $170 million in court settlements related to the Berndt pedophilia case. The settlement involved more than a hundred students.          

Wednesday, April 17, 2024

The Lee Kaplan Rape Case

     On Thursday June 16, 2016, officers with the Lower Southampton Township Police Department, operating on a children-in-danger tip, visited the home of 51-year-old Lee Kaplan. Mr. Kaplan resided in the eastern Pennsylvania town of Feasterville located in Bucks County twenty miles northeast of Philadelphia. When the police officers entered the Kaplan dwelling they encountered twelve girls, ages six months to eighteen. Several of the children responded by running about the house in panic searching for places to hide.

     When questioned by the police Mr. Kapan explained why the girls were living in his house. In 2012 a former Amish couple from the Lancaster County town of Quarryville named David and Salvilla Stoltzfus, in return for money from Kaplan to help the couple keep their farm, gave him their 14-year-old daughter. Mr. Kaplan and the Stoltzfuses were partners in a metalwork business in Quarryville.

     According to Mr. Kaplan he and the Stoltzfus teenager, since 2012, had produced two children. Their daughters were six-months and three years old. The other nine girls in the house were also Stoltzfus children.

     Mr. Kaplan was the only adult living in the Feasterville house. None of the girls had birth certificates or social security numbers.

     Police officers booked Lee Kaplan into the Bucks County Jail on numerous offenses that included rape, statutory sexual assault, aggravated indecent assault and corruption of minors. The twelve girls were placed into protective custody.

     David and Savilla Stoltzfus were also taken into custody on charges of conspiracy of statutory sexual assault and child endangerment. Mr. Kaplan and the ex-Amish couple were held on $1 million bond. Mr. Stolzfus told the police that when he gave up his children he had no idea he was breaking the law. In fact, after researching the issue online, he was convinced the transfer was legal.

     On Saturday June 18, 2016 one of Kaplan's neighbors told a local reporter that she had complained about Lee Kaplan to the authorities three years earlier. Mr. Kaplan's windows were boarded up and his yard was overgrown with uncut grass and weeds. According to this neighbor, the children were occasionally let out of the house, and when she did see them, "They were so sad and fearful. That's what made me call. I've been telling my husband for years that 'something isn't right.' "

     Another one of Lee Kaplan's neighbors in Feasterville told a reporter that Lee Kaplan seemed "weird" and that the neighbor now wished he had called the police.

     On June 18, 2016 police officers executed a search warrant at the Kaplan house. Officers also searched a greenhouse on the property where the long-haired, bearded resident grew Avocado trees. As officers searched the property, several chickens wandered about the place. Inside the house officers discovered several air mattresses, a large catfish tank and an elaborate and expensive model train layout. Following the search the authorities impounded Lee Kaplan's two vehicles, a blue conversion van and a white sedan.

     According to another neighbor the girls were occasionally seen working in Kaplan's vegetable garden. He also took them to a nearby Dollar Store and a local hotdog restaurant. Kaplan and the oldest Stoltzfus girl, according to this witness, had been seen in public holding hands.

     According to the Lower Southampton Township Public Safety Director, "We don't know if maybe there were babies born that were destroyed or whatever, but that's not the case as far as we can tell."

     An investigation of the Stoltzfuses revealed that in 2001 Mr. Stoltzfus borrowed $300,000 from an Amish run institution called the Old Order Amish Helping Program. At the time Mr. Stoltzfus operated a scrap metal business in the small Lancaster County town of Kirkwood. Eight years after taking out the loan to keep his business going, Mr. Stoltzfus lost the property to foreclosure. At this point he left the Amish faith, became a born again Christian and sued the Old Order Amish Helping program for initiating the foreclosure and forcing him out of business. In his lawsuit Mr. Stoltzfus claimed that the Amish wanted to close him down because they didn't approve of him doing business "with an individual of the Jewish faith named Lee Kaplan." A judge dismissed the Stoltzfus lawsuit a few months later.

     The scrap metal business was sold at a sheriff's auction for $342,000. The Stoltzfuses, in 2011 filed for bankruptcy.

     In digging into Lee Kaplan's past, investigators learned that he had graduated from Cheltenham High School in 1983. In 1994 he and his wife Virginia bought a house in the Melrose Park section of Cheltenham for $110,000, a place they worked hard to refurbish. Kaplan and his wife rented rooms in the house to students at a local university.

     According to a Cheltenham man who had lived next door to the Kaplan and his wife from 1994 to 2003, Kaplan was "born again, but not as a Christian. He was a born again Jew--a Jew for Jesus."

     In 2003 Lee Kaplan sold the house in Cheltenham for $250,000. Around this time he and his wife got divorced. After that Mr. Kaplan drastically changed his looks by letting his hair and his beard grow out.

     On June 6, 2017 a Bucks county jury found Lee Kaplan guilty of 17 counts of rape. According to the prosecutor, Lee Kaplan had "brainwashed the Stoltzfus family seeking "power, manipulation and control." 
     The 47-year-old rapist was sentenced to life in prison.
     A month later the judge sentenced David and Savilla Stoltzfus to seven years behind bars.

Tuesday, April 16, 2024

Heather Elvis: Missing and Presumed Murdered

     Heather Elvis, a 20-year-old employee of a bar and restaurant in Myrtle Beach, South Carolina, lived with a female roommate at the River Oaks Apartments in the city. Her parents, Terry and Debbie Elvis, lived nearby. At three in the morning of Wednesday, December 18, 2013 Heather called her roommate from her cellphone about 45 minutes after being dropped off at River Oaks by her date. She called to report how the evening with the young man had worked out.

     On December 19, 2013, Heather Elvis' abandoned 2001 Dodge Intrepid was found parked at the Peachtree Landing along the Waccamaw River in the town of Socastee just outside of Myrtle Beach. The dark green vehicle had not been involved in an accident. Parked about nine miles from the River Oak Apartments, the car did not contain Elvis' purse or her cellphone.

     On Friday December 20, after Heather Elvis failed to show up for her scheduled shift at the Tilted Kilt Pub and Eatery, her parents Terry and Debbi Elvis reported their 5-foot-1 inch, 118-pound daughter missing.

     The next day, under the supervision of the Horry County Police Department, 300 people spent ten hours combing the woods and ponds in the vicinity of the abandoned car.

     On January 3, 2014 another search party made up of law enforcement officers and volunteers, aided by several K-9 units and searchers riding horses and ATVs, continued the hunt for the missing young woman.

     Lieutenant Robert Kegler with the Horry County Police Department, on January 6, 2014, told a Fox News reporter that detectives had questioned several people in connection with the disappearance. While the young man who had dropped Heather off at her apartment after the date in the early morning hours of December 18 was not a suspect, some of the uncooperative men interviewed by detectives were being scrutinized.

     At 8 PM on Monday, January 6, 2014, television crime host Nancy Grace devoted a segment of her show to the Heather Elvis missing persons case. A $25,000 reward was posted for information leading to the discovery of the missing young woman.

     At seven o'clock on the morning of Friday February 21, 2014, officers with the Horry County Police Department, South Carolina State Police and the U.S. Marshal's Office executed a search warrant at a house in Myrtle Beach occupied by 37-year-old Sidney Moorer and his 41-year-old wife Tammy. Officers spent eleven hours at the dwelling. Cadaver dogs searched the property without result. Two pickup trucks were taken away from the house and officers were seen placing several boxes into a white police van.

     A prosecutor, following the search of the Moorer house, charged Sidney and Tammy Moorer with indecent exposure and obstruction of justice. It was reported that Tammy Moorer, angry at Heather because she and Sidney had been involved in a sexual relationship, sent her nude pictures of herself and Sidney. In January 2014 Tammy Moorer told a reporter that Sidney had sex with Heather Elvis in his car "a total of three times." According to Tammy, Sidney ended the relationship when he realized that "something wasn't right about her."

     On February 24, 2014 a Horry County prosecutor charged Sidney and Tammy Moorer with Heather Elvis' kidnapping and murder. They were held without bail. Elvis' body had not been found.

     In 2016 the Horry County prosecutor, without Heather Elvis's body, dropped the murder charges against the Moorer couple. That year Sidney Moorer was tried for the kidnapping of Heather Elvis. That trial ended with a hung jury. A few months later a jury found Sidney Moorer guilty of obstructing justice in the Heather Elvis kidnapping case. The judge sentenced him to ten years in prison.

     In October 2018 Tammy Moorer was tried for kidnapping. After testifying on her own behalf the Horry County jury found her guilty. The judge sentenced Tammy Moorer to 30 years in prison.

     In September 2019 Sidney Moorer was retried on the kidnapping charge. The jury found him guilty and the judge sentenced him to 30 years behind bars.

     As of April 2024 the body of Heather Elvis has not been found.

Monday, April 15, 2024

The Colin Abbott Murder Case

     Upon his retirement in 2010 as a New Jersey pharmaceutical company executive, 65-year-old Kenneth Abbott and his second wife Celeste bought a 25-acre estate in Brady Township not far from the town of Slippery Rock, the home of Slippery Rock University of Pennsylvania in the western part of the state. Kenneth and his 55-year-old second wife were married in 2007.

     On July 13, 2011, Melissa Elich, Celeste Abbott's daughter, contacted the New Jersey State Police and asked for information about the car accident death of her mother and stepfather. Kenneth Abbott's son Colin had told Elich that Kenneth and Celeste had died in a traffic accident on June 8, 2011. According to Colin the traffic fatality had taken place in Plant City, New Jersey. When Elich couldn't find Plant City on a map she called Colin to confirm the location. This time he told her it had happened in Atlantic City. According to the 42-year-old New Jersey resident, his father and Elich's mother had been burned beyond recognition in the crash.

     After the New Jersey State Police officer informed Melissa Elich that the state had no record of such an incident, the officer called the Pennsylvania State Police in Butler County and requested a welfare check of the Abbotts.

     On the day of Melissa Elich's New Jersey State Police inquiry regarding the traffic accident, Corporal Daniel Herr and another Pennsylvania State Trooper drove out to the West Liberty Road estate. The officers searched the unoccupied house and several out-buildings. Near one of the two ponds on the property the troopers discovered a pair of metal barrels that had been used to burn something. In the vicinity of the barrels, about 200 yards from the house, the officers came across charred human body parts.

     Later on the day of the gruesome discovery on the Abbott estate, Dr. Dennis Dirkmart, a forensic anthropologist with Mercyhurst College in Erie, Pennsylvania, arrived at the scene with his team of graduate students. Dr. Dirkmart and his forensic crew identified a skull containing the upper teeth along with a lower jaw containing additional dentition. The death scene investigators also recovered a female pelvic bone and several larger bones that were male. (The remains were later identified as those of Kenneth and Celeste Abbott.) Further analysis of the dismembered and burned bodies by a forensic pathologist revealed that the couple had been shot. (The police found a spent bullet near one of the ponds.)

     On July 13, 2011 officers with the New Jersey State Police searched Colin Abbott's home in Randolph, New Jersey, a town of 25,000 in the northern section of the state. The search produced incriminating evidence that linked Mr. Abbott to the double murder in Butler County, Pennsylvania.

     From Colin Abbott's house New Jersey investigators recovered Celeste Abbott's red-leather wallet that contained her driver's license and several credit cards. The officers also found a .380-caliber pistol later identified as the murder weapon. In the murder suspect's bank safety deposit box detectives found Kenneth Abbott's will that designated his son the sole beneficiary of the $5 million estate. The will had been changed to that effect in 2010. Investigators believed the suspect had murdered his father and stepmother in order to inherit their wealth.

     In Pennsylvania, State Trooper Chris Birckichler questioned Adam Tower, Celeste Abbott's son. Mr. Tower revealed that in speaking to the suspect on July 12, 2011 Colin Abbott ordered him not to contact his father's life insurance company. The suspect made it clear that he would be handling the disposition of the estate.

     On July 14, 2011, the day detectives interrogated Colin Abbott in Randolph, New Jersey, murder charges were being filed against him in Pennsylvania. Officers in New Jersey arrested Colin Abbott that day on the Pennsylvania homicide charges, and a couple of weeks later the suspect was incarcerated in the Butler County Jail awaiting his trial.

     On the day before the trial, February 26, 2013, the defendant pleaded no contest to two counts of third-degree murder. As part of the plea deal, Mr. Abbott avoided the penalties of death and life in prison without the possibility of parole. Butler County Judge William Shaffer sentenced him to 35 to 80 years in prison. If he served the minimum sentence Abbott could regain his freedom when he was 77-years-old. The cold-blooded killer stood before Judge Shaffer and wept.

     Less than a month after his sentencing, Colin Abbott filed a 5-page handwritten request asking Judge Shaffer to allow him to withdraw his plea in the case. At the plea withdrawal hearing on March 28, 2013, the Butler County prosecutor played recordings of jailhouse phone conversations between the prisoner and Deborah Buchanan, his 64-year-old mother.

     Abbott, pursuant to a discussion of his attempt to take back his plea, said this to his mother: "It's a publicity start in the right direction for you; possibly for a book, possibly for other things, you know?" Abbott's mother, a resident of Rockway, New Jersey, owned Deadly Ink Press, a small publisher of murder mystery books. Buchanan had made it known that she was writing a book about her son's case.

     To an Associated Press reporter following this story, Deborah Buchanan said, "I am talking to people about a book deal. I don't think there's anything wrong with that. I am a writer. That's not why he [her son] wants to change his plea. He was under a lot of pressure."

     On April 12, 2013, Butler County Judge Shaffer denied Colin Abbott's motion to withdraw his no contest plea.

Sunday, April 14, 2024

The Albert Jackson Sterling II Murder-For-Hire Case

      Life had been good to Roxanne Sterling, or so it seemed. She lived in a $400,000 house, was married to an ambitious man who made good money and was eight months pregnant with her second child. Early in the afternoon of November 21, 2006, before leaving the house to go shopping, Roxanne said good-bye to her husband, Albert Jackson Sterling II. In an hour or so Albert would be driving from the couple's home in Allen, Texas to nearby Dallas to catch a flight to his parents' home in Alamogordo, New Mexico.

     At four o'clock that afternoon, with her husband on the plane to New Mexico, Roxanne pulled her car into the garage and entered her house. She walked into the master bedroom and nearly fainted when she came face-to-face with a man wearing gloves and holding a black leather belt. The intruder rose from the edge of the bed and said, "Your husband wants you dead." Keeping his voice calm, the intruder asked the terrified woman not to panic. He had changed his mind. Instead of killing her, he was there to warn her of her husband's intentions. She was free to call the police. Roxanne, moving as fast as she could, ran to a neighbor's house. The neighbor called 911. The emergency operator could hear Roxanne sobbing uncontrollably in the background.

     Officers from the Allen Police Department found the intruder, Jeffrey Boden Thompson, waiting for them at the Sterling house. Thompson told the officers that Albert Sterling had given him the leather belt which he was to use in strangling the victim. Thompson said he had instructions to haul the corpse, in the victim's car, to a predetermined site in Dallas. After dumping the body, Thompson was to abandon the vehicle at another spot in the city. Mr. Sterling, the murder-for-hire mastermind, had designed his plan to fool the police into thinking that Roxanne had been carjacked and murdered in Dallas. For his efforts Mr. Thompson would have earned $2,500.

     Because Jeffrey Thompson was willing to cooperate with investigators, the Collin County district attorney decided not to charge him with burglary. To show his willingness to help, Thompson played detectives a message Albert Sterling had left on his cellphone before flying to New Mexico. "The chicken has flown the coop," Albert said, referring to his wife's leaving the  house. "She will be there [back at the  house] in an hour. Just have patience."

     With detectives listening in, Thompson called Albert Sterling in New Mexico with the message he had been told by the mastermind to leave upon completion of the hit: "The chariot (the victim's car) is in south Dallas and the trash (her body) is in west Dallas."

     The next day, in Alamogordo, police officers arrested Albert Sterling on charges of soliciting the murders of his wife and unborn child. The officers booked him into the Otero County Jail where he would await extradition back to Texas. Through his attorney, Mr. Sterling denied having arranged his wife's murder, stating that she had caught Thompson in the act of burglarizing their house. The burglar, according to Sterling, had made up the hit murder business to avoid being charged with the break-in.

     Albert Sterling's family, friends and neighbors were shocked that he had been accused of murder-for-hire. From all appearances he and Roxanne had been happily married and looking forward to the birth of their baby. People who knew Albert refused to believe that a well-educated man with a good job would hire someone to murder his pregnant wife. Albert not only possessed a good job in the computer industry, the 38-year-old worked as a trainer/instructor in a 24-hour fitness club in Dallas. There had been rumors of a girlfriend who was one of his students in his other business, Al's Punch Time, a boxing gym. Still, no one believed he would have his pregnant wife murdered simply because he had found another woman.

     On December 7, 2006 Albert Sterling was brought back to Texas and placed in the Collins County Jail under $500,000 bond. Two weeks later a Collin County grand jury indicted him on two counts of murder solicitation. Late in January 2007 a judge released the suspect on bail on the condition he wear an electric monitoring device and report once a week to the court bailiff. Mr. Sterling also had to relinquished his passport.

     While awaiting his murder trial, Albert admitted to Roxanne that he had been involved in an extramarital affair. She not only forgave him, she told the Collins County prosecutor that despite what she had been told by Jeffrey Thompson, she believed that her husband was an honest, trustworthy man who had never plotted to murder her and their baby. She stunned the prosecutor by saying that she would testify on his behalf at his upcoming trial.

     Albert Sterling, through his attorney, Russell Wilson, denied attempting to hire Jeffrey Thompson, an ex-convict, to kill his wife. According to the defense attorney, his client had been working on a car insurance scam with Mr. Thompson when Thompson chose to burglarize his house. When Roxanne walked in on him the intruder made up the murder-for-hire story.

     On February 13, 2009, a Collin County jury of six men and six women, after a short period of deliberation, found Albert Sterling guilty as charged. The judge sentenced him to two concurrent 30-year prison sentences. Throughout the trial Roxanne remained loyal to her husband. She took the stand for the defense and at the sentencing hearing testified on his behalf.

     Six months after the sentencing of her husband, Roxanne divorced him. When asked by reporters if she still believed in Albert's innocence, she didn't respond. After the sale of the house she and Albert had shared, the 39-year-old moved into a rental house not far from her former residence. 

Saturday, April 13, 2024

The Daniel Sanchez Mass Murder-Suicide Case

     Beatriz "Betty" Silva lived with her sister Maria and Maria's husband Max in a mobile home located among 400 modular dwellings in a subdivision outside of Longmont, a town 35 miles north of Denver, Colorado. The 25-year-old student at Front Range Community College worked at a Chipotle fast-food franchise, and as a sales associate with Marshalls Department Store. On November 22, 2012, Thanksgiving Day, she told her boyfriend, 31-year-old Daniel Sanchez, that she had found someone new. Sanchez, a quick-tempered violent man flew into a rage. He made threats against the new boyfriend and began stalking and harassing Silva.

     When they were going together, Betty Silva had loaned Daniel Sanchez $1,000, money he needed to fix up his truck. He had not paid her back as promised, so on Saturday, December 15, 2012, she arranged to meet him in the parking lot of a Best Buy on the outskirts of Denver where they would discuss how he planned to repay the loan. When the ex-girlfriend climbed into his vehicle Mr. Sanchez called her names, punched her in the face and used her cellphone to text threatening messages to her boyfriend. Against her will, Betty Siva was driven around in Sanchez's truck while he tried to talk her into checking into a hotel where they could resume their relationship. She refused, and after an hour or so, he drove her back to her car and let her out of his truck.

     Betty Silva reported Daniel Sanchez to the Denver police, and on Sunday afternoon, December 16, 2012, officers took him into custody on charges of false imprisonment, second-degree kidnapping, harassment and domestic violence. He spend the night in the Boulder County Jail, and at ten o'clock Monday night posted his $10,000 bond and was released.

     Furious over the fact the woman he loved had turned him in to the police, Daniel Sanchez drove straight from the jail to Silva's mobile home where he parked on the street in front of her dwelling. Armed with a .45-caliber 13-round Glock pistol and an extra magazine, Sanchez entered the Silva dwelling by shooting out the glass panel to the rear sliding glass door. Once inside the home he took Betty, her 22-year-old sister Maria and Maria's husband Max Ojeda hostage.

     At four o'clock the next morning Betty Silva called 911. The dispatcher overheard her say, "No, no, no." The 911 operator next heard gunfire. Following the gun shots, Sanchez came on the phone and informed the dispatcher that he was going to kill himself. Again, the sound of gunfire, then silence. No one else came to the phone.

     Weld County Sheriff's deputies and a SWAT team arrived at the modular home at 4:18 that morning. Officers weren't sure how many people were in the dwelling, or if any of them were alive. At 5:30 AM, after getting no response from inside the hostage site, members of the SWAT unit stormed into the mobile home. Officers found Mr. Sanchez dead from a self-inflicted gunshot wound. They discovered 29-year-old Max Ojeda and his wife Maria dead in their bedroom. Betty Silva had been shot to death in another part of the house. Officers found 16 spent shell-casings scattered about the murder site.

     In reporting Daniel Sanchez to the Denver police Betty Silva had indicated a reluctance to go forward with the more serious kidnapping related charges. By minimizing the seriousness of Sanchez's crimes against her she may have contributed to her own death and the fate of the other two victims. Had the magistrate been convinced that Sanchez posed a serious threat of life-threatening violence, Sanchez's bail may not have been set so low. There is also the possibility that regardless of the amount of Sanchez's bail, this young woman's fate was sealed once she became this violent, unstable man's girlfriend.