Forensics Talk

Tonya Craft Trial: Spoliation of Evidence? Part II

     There was a reason why I wrote the previous "scenario" like I did. The whole scene seemed just really bizarre to me. I honestly can't imagine any professional I've ever worked with behaving like that.

   When I look at a certain case, or situation, I tend to look closely at the behavior of each of those involved and ask myself if their behavior makes any sense. Is it logical? Is it believable?

    What we had in this situation were two professionals interviewing an alleged victim at the time. Description of the scene was written in the previous post. Detective Keith had been with the Sheriff's Department since 1999 and Ms. Thorne had completed almost 1000 interviews. These are two people who should certainly have known interviewing protocol backwards and forwards.

     I find it extremely difficult to believe that both of these experienced professionals simply forgot all of a sudden. I mean, we all forget things, even while doing a case. But both of them? At the same time? I'm sorry, It just doesn't make any sense to me. It's not logical. And it's not believable.

    So, I did what I usually do and try to put myself in their place. I take a good look at the facts of the case. Then I ask myself questions like:

1. What would suddenly make me totally disregard protocol, possibly jeopardizing my job and career?
2. What would I be thinking if that child came running back, from her mother, to suddenly disclose digital penetration out of the blue? Especially, after I had just asked her sixteen times if there was anything else!
3. Would I be suspicious?
4. Then again, why did Ms. Thorne ask her that question sixteen times? That's excessive.
5. Since there supposedly was a disclosure with Holly Kittle on April 1, 2009, would that info have already reached Ms. Thorne and Detective Keith prior to the interview?
6. Could that possibly be why Ms. Thorne asked the child if there was anything else sixteen times? Was she trying to get the child to make the same disclosure?
7. Could that be why Ms. Thorne did not turn on the video again?
8. And could that be why Detective Keith didn't think to remind her? Or turn in any notes of the disclosure? Could it posssibly be that he questioned the child's story?

          There is a reason why I wrote about the waiting room area and the fact that our own DSS waiting room was just outside the door. Whenever our kids came out, it was maybe all of about five seconds that they were at my side. Once they were out the door, the door closed and that was it. We were out of there.

   I have no idea what the lay out is of their facility. However, considering that we're dealing with a young child at the time, I doubt the child would have just been left to return to her mother, then back to Ms. Thorne, on her own, if there had been any distance. Kids aren't allowed to go roaming far by themselves.

   And, like I said, if it had been me, I would have taken the child by the hand back to the interviewer. In fact, as a parent or foster parent, had I known about such a disclosure, I would have made sure the interviewer was aware of it myself.

   Come to think of it, I did do that, only by telephone, when I observed abnormal behavior the very first day I had the siblings. It seems very strange to me that any mother wouldn't have gone to Ms. Thorne's door with her child.

     The reason I pointed this out in my post is that it appears that by the time the child returned, the detective was already in the room and Suzie Thorne was labeling DVD's. So, it seems to me that it must have taken the child more than a few seconds to return.

    Which indicates to me that the child possibly spent more than a just few seconds with the mother before she suddenly "remembered" that particular something she forgot to tell Ms. Thorne.

 

 

Tonya Craft Trial; Detectives Deal, Keith & Suzie Thorne: Spoliation of Evidence?

  Accusations abound regarding questionable behavior on the part of Detectives Deal, Keith and Forensic Interviewer, Suzie Thorne, during the investigation and trial of Tonya Craft.

     For the purpose of this article, I have researched information provided from news reports, fellow bloggers, such as William Anderson, and list groups; as well as the standards and guidelines for child sexual abuse investigation, criminal investigation, interviewing techniques, and forensic interviewing of possible child abuse victims, etc.

     I also contacted Lieutenant Raymond E. Foster, LAPD (ret.), MPA and Brandon A. Perron, CCDI, Director of Investigations. Both are very experienced, award winning, highly respected professionals in their fields.

  Lt. Raymond Foster, author of "Police Technology" (Prentice Hall, July 2004) and numerous articles, has a BA in Criminal Justice Management, a Masters in Public Finance and is currently finishing his doctoral studies.

    In addition to his writing, Lieutenant Foster is an adjunct faculty member at the Union Institute & University and is the founder and principal consultant of Hi Tech Criminal Justice. His consulting projects involve work with the Department of Homeland Security, several universities and non-profit agencies.

     Brandon Perron, author of , Uncovering Reasonable Doubt: The Component Method, was named one of the “Top Ten Private Investigation Leaders in the United States” by P.I. Magazine in 1998; is an former U.S. Air Force Criminal Defense Investigator and National Director of The Criminal Defense Investigation Training Council. In 2007, Case in  Point, of Boston, MA, and Manchestor, NH, named Brandon Perron its Strategic Operations Director. Mr. Perron provides management support and training for CIP's Criminal Investigation division. Mr. Perron was kind enough to grant me permission to extensively quote his article and website.

 

Documentation Standards, Part I

      There are several things which I question in this case. And as it turns out, they're the same things, for the most part, that many others have been questioning as well. This includes interviewing techniques and documentation standards. Whether it's the medical field, criminal investigation, or the child advocacy field, we all have basically the same documentation standards which we're required to follow.

   We are to document completely, accurately, and in a timely manner. Always. I do understand that, unlike FNE's, detectives may not always complete their documentation out in the field. That's understandable. However, they must complete their documentation as soon as possible and date/time it accurately.

   There is to be no back dating of notes. Ever. An addendum may be added later, if something was forgotten. Then, it's done in a specific manner, with the current date and time, and the word addendum prior to our note, followed by our signature.

       Source: Times Free Press

http://www.timesfreepress.com/news/2010/apr/21/witness-testimony-recounted-off-camera/

"(She) came into the conference room on her own and said she needed to tell me something else," said Suzie Thorne, a former forensic interviewer at the GreenHouse Children's Advocacy Center in Dalton, Ga.

"You didn't immediately take her back and put her in front of the camera and document what she was telling you, did you?" asked defense attorney Demosthenes Lorandos, who also is a clinical psychologist.

"No, I did not," Suzie Thorne responded.

Mr. Lorandos paced the courtroom floor for a few moments, then paused in front of Ms. Thorne.

"You didn't think to write it down?" he asked.

"(The) detective appeared to be writing it down," said Ms. Thorne.

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    But, the fact of the matter is, both the detective and Suzie Thorne testified that he did in fact take notes at the time of the interview. Well, correction, Ms. Thorne stated "It appeared" the detective was taking notes. Appeared?

     They were supposedly in the same room together at the same time. Well, was he or wasn't he? Didn't she ask him? More importantly, why wasn't she taking her own notes? Why didn't she turn the video back on? Didn't they review the notes he had taken afterwords?

   Ms. Thorne's statement, " ... those would be in the detective's notes, not hers," indicates to me that Ms. Thorne was very well aware that each professional writes their own notes and that they're kept separate.

    Although CAC and law enforcement work together, that doesn't mean one does the work of the other. Each has their own responsibilities and their own job to do. And that includes each person writing their own notes. We FNE's work with law enforcement too yet we work separately.

    Our detectives interview our patients before we do the exam. They're in a private room or cubicle while interviewing. We do not intrude or interfere. They do the same for us. The only time the detectives stay in our examining room is when we do suspect exams.

   But, apparently, Ms. Thorne has her own way of doing things, which includes neglecting to document the child's additional statement, near verbatum, as required. And of course, also neglecting to turn the video back on.

     The CAC had their review meeting on June 11, 2008. I really can't help but wonder how this lack of following protocol got past the review committee or how it may have been discussed. I'd sure love to see those minutes!

    After each of our exams, our chart and photos are reviewed by the unit coordinator. Any and all mistakes are caught then and the nurse is notified. The nurse then has to come back in and add an addendum or correct any mistake with a line through it, along with her initials, the correction then written in, followed by the nurse's signature. Then there is the peer review meeting to randomly review charts again.

   Protocol Examples:

http://hiredbypolice.com/repbk.pdf

 INVESTIGATIVE REPORT WRITING MANUAL

FOR

LAW ENFORCEMENT & SECURITY PERSONNEL

WHAT MAKES AN EXCELLENT REPORT

"An excellent report is one that is well-written, and is identified by six basic, necessary qualities. A well-written report is:

1) Factual

2) Accurate

3) Clear

4) Concise

5) Complete

6) Timely

    Officer’s Activity Report or Daily Log: The activity report or daily log is commonly used to provide an agency with statistical information regarding the activity on an officer’s shift. These reports include the calls the officers responded to, the disposition of the call, the amount of time spent on the call, and other activities within the shift such as car stops, number of citations written, etc. Some agencies obtain the same information via a computer terminal in the officer’s vehicle."

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    http://www.ipt-forensics.com/library/ajfp1.htm

   Guidelines on Investigatory Interviewing of Children: What is the Consensus in the Scientific Community?

Hollida Wakefield^*

American Journal of Forensic Psychology, 24(3), 57-74 (2006)

   Videotape interview:

    “…There are no good reasons for not taping an investigatory interview of a child witness and many compelling reasons for doing so…”

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                KITTITAS COUNTY CHILD SEXUAL ABUSE INVESTIGATION PROTOCOLS

            Website Source: www.kittitas.wa.us/prosecutor/csaip.pdf

   " Where deviations from these protocols occur. . . investigators can, and will be expected, to present their rationale for such deviation.”

     "The purpose of these protocols is to provide a clear framework for an interagency response to child sexual assault investigations, which is thorough, objective, and complete.”

     “The main objective of the Child Interviewer is to obtain legally sufficient statements from victims that will withstand scrutiny in a court of law . . . "

   "The Child Interviewer will: (Partial list)

• Conduct interviews of all victims of sexual abuse in Kittitas County under the age of 18
• Obtain background information from the Investigating Officer and assigned CPS Social Worker
• Conduct interviews while the Investigating Officer  observes.
• A deputy prosecuting attorney and CPS Social Worker (if sharing the case) should also observe when possible
• Digitally record interview onto DVD disc
• When the interview is completed, the Child Interviewer checks with observers regarding any requests for further questioning.

• Type a summary of non-disclosure audio-taped interviews and forward signed summary to appropriate agencies;

• Return the original tape of interview to investigating officer for keeping in evidence

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        So, bearing this in mind, I'm trying to visualize this whole scenario in my head:

      This interview supposedly lasted about two hours, was video taped, Detective Keith* was in the other room watching and taking notes, while Ms. Thorne kept repeatedly asking, anything else? Asking over and over and over again, ad nauseum. After being asked this sixteen times, the child still had not revealed anything earth shattering. Then, the child returns to her mother out in the waiting room.

     I remember waiting in the waiting room many times for one of our foster children to come out. The door would open, and the child would fly right out, not wasting any time. Then we'd head out the door. They couldn't wait to leave if their parents weren't there visiting. If the parents were there, it was a different story, as they would cry and cling to them. But, if they weren't present, the child would grab my hand and out we'd go.

    There was never any sudden remembrance or suddenly dashing the short fifteen feet or so back to the interview room, opening the door, and going in.

    Now, of course, their facility is probably not as old as ours, so maybe their place is bigger and the distance from the interview room to the waiting room probably longer. Who knows? But, this kid made a point of returning to the interview room. During which time, the detective had enough time to leave the room he was in, and come into the interview room with Ms. Thorne, with pen and pad ready.

  I'm going to assume that their interview room was like ours, in that it wasn't too big, so as not to intimidate children, I guess. Ours was rather small, warm and cozy, with stuffed toys and coloring books about.

    So, the child goes back to the room, after returning to her mother, in order to tell them some absolutely horrendous thing that had occurred (that she had just happened to remember). Personally, if I had been the mother, I would have been the one to take my child by the hand, go knock on the door, and tell the interviewer that my child had just remembered something. But, I guess I'm not like this child's mother.

     Ms. Thorne was labeling DVD's and Detective Keith was . . . well, I'm not quite sure what he was doing at the time. Anyway, apparently, these two veterans of law enforcement and child advocacy, didn't think to turn the video on again in order to visually capture what may have been the single, most critical piece of information in the entire investigation!

    What is even more amazing is the fact that Detective Keith thought enough to get out his pen and pad to take notes but didn't think to remind Ms. Thorne to do the same.  Something like: Hey, maybe you should turn on the machine again? Oh, and maybe you should take notes too while you're at it? might have been nice!

* Correction: Detective Keith was in the interview with Ms. Thorne. Ms. Thorne later testified she couldn't remember which detective was in the room with her.

Part II tomorrow

 

Tonya Craft Case Revisited: Qualifications, Standards, Protocols, and . . . Lots of Questions!

 

    Readers, as I wrote in a previous post, I've been taking another look at the Tonya Craft trial. To that extent, I have researched extensively. Primarily, checking qualifications for hiring, and standards and protocols from various state agencies, as well as specific cases involving law enforcement testimony.

   Specifically, I'm looking at the actions and testimony of Suzie Thorne, Stacy Long, Laura Evans and Detective Deal. Having finally read through the various trial reports of their testimony, I do have several questions of my own which I will explore throughout these posts.

  Job Qualifications

      To begin with, while reading through the court testimony reports, what really surprised me, was the incredible lack of expected qualifications Suzie Thorne had for the job she said she was "given." She stated she didn't apply for the position. Who in the real world doesn't have to apply for a job?

   I've worked in my field for 35 years, and if I am interested in a particular job advertised, I have to go through the whole hiring process just like everyone else. I have to submit an application along with my CV and references.

      Prior to being hired by the state, I also had to submit my college transcripts. I had to go through two interviews and submit writing samples. A background and criminal check was done. No one has ever just handed a job to me. I got to where I'm at today with the plain old blood, sweat, and tears of experience. Like most people should.

     Who among us in the real world doesn't have to show our qualifications? Especially, when that job entails working with the most vulnerable of our society: abused children.

    While I truly mean no offense to anyone, I have to admit that my first thought was, who in the world would "give" an important job like that to someone with no real education, training, or experience?

      It's great if a person continues on with additional training (which they should) but why start that kind of position out with no training, other than a seminar, and no actual experience whatsoever? That makes no sense to me.

   My second thought, of course, was to wonder to whom Ms. Thorne was related, or who was she friends with? I'm being serious. Did she have an aunt or uncle in the system? Was she friends with people there? Was she perhaps a volunteer before jumping to being a Forensic Interviewer?

   Why would any good employer risk either further traumatizing young children, who truly may have been sexually abused, or permanently harming an innocent person's reputation, not to mention possibly eradicating their freedom?

  And as to the truly guilty, who would want to risk having the convictions being overturned on appeal because their staff didn't follow accepted guidelines and protocols?

   Due to, maybe, just maybe, the fact that the staff member never had the qualifications or adequate training to begin with?

   That's not to say that people don't make mistakes. We all do. Even if we've worked in a field for many years, we can still make mistakes. We're only human after all. I would certainly never claim to have never made any mistakes.

    But, it seems to me, that what happened in this particular case goes way beyond just making a few innocent mistakes. While I'm not really into jumping on the conspiracy theory bandwagon, and I strongly do not believe in publicly shredding people's reputations online, I can't help but question the competency on several levels.

  To start with, I compared myself to Ms. Thorne, and asked myself if I would have been qualified for that position. Since I'm getting up there in age and retirement is getting closer by the minute, I'm looking back at over three decades of nursing experience, including both pediatric and adults, for one thing.

   Over the years, I have also worked (between staff and agency) in Neonatal ICU, Pediatric & Adult ICU, and our local Burn Unit, and even worked for a short time, through agency, in a juvenile facility.

    This was all before I ever went into forensics. It gave me a good, broad background upon which to rely. I've completed advanced FNE training and also took the pediatric FNE course a few years back, although I've continued to work with adults.

  I've trained as a paralegal, a medico-legal death investigator, attended multiple conferences and seminars, researched child abuse extensively for years, audited pediatrician's offices for the government, and have been a foster parent; at one time, caring for two of our county's worst child sexual abuse cases of the time. They were siblings ages three and four and it was heart-breaking.

   Now would I consider myself qualified for that position? No, I would not. Nor do I believe any prospective employer would find me qualified either. Why?

  Because, for the purpose of these posts, I researched various CAC's across the country, as to their job requirements for the Forensic Interviewer position.

    What I found was that a few CAC's (very few) required a minimum of a BS degree, with experience. However, the majority of CAC current job openings I saw required a minimum of a Master's degree and that the applicant must be a licensed social worker with anywhere from 2-8 years experience.

   Here are some examples with links:

    Company: Northern Arizona Healthcare 

     Location: Flagstaff, Arizona

http://www.job.com/my.job/jobdisplay/page=jobview/pt=2/key=63728057/

  " ... Qualifications:Education:*Master's Degree in Social Work or related field - required. Experience:*5 years experience in children's services, with at least three years experience working in the field of child maltreatment. Certificate/Licensure:*CPR certification within 3 month introductory period - required. *LMSW or LCSW at or within two years of hire - required for individuals with a Social Worker master's degree..."

---------------------------------------------------------------------------------------------------------------------------------

 

---

DETAILS

Location:	New York City, NY, 10021
Employee Type:	full time
Pay Type:	Hour
Experience:	2 - 5 years
Education:	Master degree
Travel Required:	none

DESCRIPTION

Responsibilities

Life-Changing Health Care - Social Workers Make It Possible

At NewYork-Presbyterian/Columbia University Medical Center, social workers step into an environment of hope and healing built on a history of clinical achievement. It's a place where talented professionals find the resources, and respect they need.

Join us and experience a culture of high esteem for our discipline. Social work rounds, internships, seminars and professional recognitions all contribute to an advanced practice environment.

We're changing lives and transforming our field. You can help make it possible:

Full time opportunities available in the following areas:

Child Advocacy / Forensic Interviewer - Morgan Stanley Children's Hospital

http://www.ecentralmetrics.com/onlinedisplay/jobdisplay.cfm?posting=93394&bid=326

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  Philadelphia Children's Alliance

Position: Child Forensic Interviewer/ Social Worker

Masters degree in social work, psychology, or related field required.

Experience with the child welfare system strongly preferred ...

http://jobview.monster.com/GetJob.aspx?JobID=90724877&from=indeed

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Forensic Interviewer

Salary: market rate based on experience Education: Master (MA, MSW, etc.) Location: Baltimore, Maryland, 21218, United States Posted by: Baltimore Child Abuse Center Job Category: Counseling, Direct social services, Health & Medical Sector: Nonprofit Last day to apply: November 9, 2010 Last updated: September 10, 2010 Type: Part time Language(s): English Job posted on: September 10, 2010 Area of Focus: Children and Youth, Crime, Safety, and Victims’ Issues, Health, Mental, Women's Issues

 

 

Additional Qualifications:

- Part time position available
- MUST BE A LICENSED SOCIAL WORKER IN MARYLAND (LCSW OR LGSW)
- Excellent verbal and written communication skills
- Knowledge of child development
- Experience in the field of child sexual abuse
- Successful completion of Finding Words and BCAC’s forensic interview training
- Successful completion of training in trauma and child development
- Bilingual English/Spanish (helpful but not necessary)

http://www.idealist.org/if/i/en/av/Job/398017-269

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 Child Forensic Interview Specialist/Social Worker
Family Services is seeking applicants for a Child Forensic Interview Specialist/Social Worker for the new Willow Tree Child Advocacy Center in Green Bay, responsible for evaluation and direct services to children suspected of having been abused. Must have a minimum of a Bachelor’s Degree in Social Work or related field (Master’s Degree preferred), plus two years of field experience working with children and families who have experienced violence or abuse. Must also possess a minimum basic level certification in a recognized forensic interview protocol (i.e. Step Wise, Child First, and/or Cognitive Graphing).

http://www.familyservicesnew.org/careers/

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    As you can see, from the above examples, while many CAC agencies in this country require a minimum of a BS degree, most require a Masters. So, I have to question again just how is it that Ms. Thorne just happened to be "given" the job of Forensic Interviewer without meeting even the most basic educational/experience requirements?

 Center Piece: The Official Newsletter of the National Child Protection Training Center

Article: Setting Course: The Case For Credentialing of Forensic Interviewers

   Intermediate forensic interviewing credential.

   "In addition to the completion of a state or nationally recognized forensic interviewing course, a forensic interviewer applying for this credential must complete an additional 40 hours of advanced course work on forensic interviewing, have conducted at least 25 forensic interviews, and participated in at least one peer review process in which one or more of the applicant’s interviews were critiqued."

   "The forensic interviewer must again sign an acknowledgment of ethical guidelines pertaining to this work and their agreement to abide by these guidelines. Finally, the interviewer must take and complete a nationally accepted examination documenting the interviewer has acquired basic knowledge relevant to forensic interviewing."

   Advanced forensic interviewing credential.

  "In addition to the basic forensic interview training, an applicant for this credential must have completed a minimum of 80 hours of advanced course work on forensic interviewing, must have conducted at least 100 forensic interviews and participate in a quarterly peer review process.The
forensic interviewer must again sign the acknowledgment pertaining to ethical standards."

   Diplomate in forensic interviewing.
   "In addition to the completion of basic forensic interview training, an applicant for Diplomate status must have completed a minimum of 160 hours of advanced training on forensic
interviewing. The applicant must have conducted a minimum of 1,000 forensic interviews.The applicant must document continued participation in a quarterly peer review process.The
forensic interviewer must continue to acknowledge an understanding of and adherence to ethical guidelines. Finally, and most importantly, the applicant must submit three transcripts or videotapes of forensic interviews conducted in at least three different years, for blind review by an expert panel."

    I don't recall reading anywhere among the news reports that Ms. Thorne has obtained any further official training beyond the basic course. If I have somehow missed it, please correct me.

   " In cases of child sexual abuse, the competence of forensic interviewers may be more important than the competence of any other member of the multi-disciplinary team."

Next Post: Detective Deal

 

 

Addressing Challenges and Controversies in Child Sexual Abuse Interviewing The Forensic Evaluation Protocol and Research Project

Authors: Connie Nicholas Carnes; Debra Nelson-Gardell; Charles Wilson

 

Abstract This article describes a forensic evaluation protocol, designed at the National Children's Advocacy Center (NCAC). The means by which the NCAC forensic evaluation protocol addresses the challenges and controversies inherent in the field of sexual abuse allegation assessment are discussed. Results of a two-year study are reported, in which efficacy of the protocol is demonstrated in three areas: (1) in gathering facts to validate true abuse, thus assisting the child protective and legal systems in case decision making, (2) in determining when initial concerning statements of children are actually not due to sexual abuse, but to other events or circumstances, and (3) in uncovering false allegations and vindicating the falsely accused. A multi-site research project currently underway that involves more than 40 Children's Advocacy Centers across the United States, which will further test the efficacy of the model and further refine practice, is described. The multi-site project will also include data on the evalua-tors' own abuse history and whether or not this affects evaluation outcomes.

Keywords: Assessment; extended assessment; clinical evaluation; forensic evaluation; interviewing; psychosocial assessment; abuse investigation; assessing abuse allegations

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Factors Affecting Juror Decisions in Historic Child Sexual Abuse Cases Involving Continuous Memories

Criminal Justice & Behavior

Joanna D. Pozzulo,Carleton University,

Joanna_Pozzulo@carleton.ca

1. Julie L. Dempsey
   1. Carleton University

1. Charmagne Crescini
   1. Carleton University

Abstract

   "The study investigated how jurors perceived historic child sexual abuse (HCSA) cases involving continuous rather than repressed memories of the abuse. Mock jurors (N = 295) read a simulated trial transcript involving a case of HCSA that varied the length of delay between the end of the alleged abuse and time of reporting (2 vs. 15 vs. 30 years), relationship to the alleged victim (uncle vs. former coach), and abuse frequency (1 vs. 12 times). The effects of these variables on mock jurors’ decisions were investigated. The shorter delay led to significantly higher guilt ratings and lengthier sentence recommendations compared with longer delays. Mock jurors assigned higher guilt ratings when the defendant was the uncle rather than the coach but only when the abuse was perpetrated once rather than 12 times. Mock jurors were more confident in their verdict decisions when the defendant was the uncle rather than the coach and when the abuse occurred 12 times rather than once."

Texas Forensic Science Commission refuses to end inquiry into Willingham arson case

The Dallas Morning News

12:00 AM CDT on Saturday, September 18, 2010

By JENNIFER EMILY / The Dallas Morning News
jemily@dallasnews.com

    "The Texas Forensic Science Commission rebelled Friday against its head commissioner, refusing to accept his draft report clearing arson investigators of misconduct or negligence in a 1991 fatal fire where flawed science was used to determine the blaze was intentionally set.

 

Cameron Todd Willingham was executed in 2004 for killing his three children by setting that blaze. Texas may have executed an innocent man on Gov. Rick Perry's watch if the fire was accidental.

"There's a lot of work to be done still," Tarrant County Medical Examiner Nizam Peerwani, a member of the commission, said after the meeting. "That's why the commission didn't approve the draft."

The commission instead plans to question arson experts at a future meeting about investigation standards at the time of the fire and will look into whether the investigators knew or should have known the science that led them to assume the fire was caused by arson was flawed. . . "

Tonya Craft Trial Revisited

This past week, I've been taking another look at the Tonya Craft trial, after discussing parts of it with another blogger on here. Specifically, I'm looking at the actions and testimony of both Suzie Thorne and Detective Deal.

Although I won't go so far as to call them all liars, having finally read the trial reports on their testimony, I do have some questions of my own, which I'll be covering over the next few days. As usual, I'm not into ranting and raving. I prefer to deal with facts and ask questions. And I do have quite a few questions as well as comments regarding some questionable competency and documents.

Here We Go Again: A New College Freshmen Year, Another Student Found Dead After Partying

Indystar.com

IU freshman found dead in dorm room at Ball State

Center Grove grad visiting friends had consumed alcohol and drugs, officials say

By Melanie D. Hayes

Posted: September 13, 2010

"MUNCIE, Ind. -- A 2010 Center Grove High School graduate, described as a dedicated athlete and loyal friend, died in a dorm room this weekend, apparently after partying late into the night while visiting Ball State University."

"Jarrod Polston, 18, an Indiana University freshman from Greenwood, was visiting Ball State with friends who also graduated from Center Grove. Investigators think Polston passed out about 3 a.m. Saturday inside a room in Studebaker West after consuming alcohol and drugs. . .  Delaware County Coroner Jim Clevenger said Polston vomited while unconscious, which blocked his airway, and said others in the room with Polston were unaware anything was wrong with him until they woke up later that morning. . .  An autopsy Sunday revealed alcohol and methadone in Polston's system, officials said at a news conference." Read More

 

Point of View                                                                

   Well, it's that time of year again, Folks. The start of a new freshman year at college, along with the usual partying, heavy drinking, and drugs is upon us. And now another young freshman student is dead from alcohol and drugs. According to an article on about.com, "73% of college students drink on campus ... some 159,000 of the nation’s current freshmen will drop out of school because of alcohol or drug use .." 

  In fact, according to a survey by the National Collegiate Athletic Association, only 56 percent of full-time first year students graduate within 6 years. The National Center for Education Statistics (1998), state that nearly one-third of all undergraduates will leave college within the first year.

   Studies have shown that many will have developed alcohol or drug related problems before the first year is out. Studies also show that about 43% of all students report drinking in a high-risk manner at some point in the college career. Twenty percent of students report drinking in a high-risk manner often.

  Here is an excellent article, entitled, Today's First-Year Students and Alcohol, by M. Lee Upcraft, PhD, comparing our college students of today with those from the 1960's and 1970's. As the article states, " Joe College doesn't live here any more." College Drinking - Changing the Culture 

   Unless I miss my guess, there's an increase in sexual assault complaints on campus as well. They tend to go hand in hand. I know that's not what victim's advocates want the public to hear but it's the truth. I have seen it too many times, over the years, in my own work. According to statistics, women at college are more than four times more likely to file a complaint of sexual assault than women who are not attending college. According to reports, 90% of those complaints involve alcohol and/or drugs. Those statistics correspond to the type of patients seen in our unit as well.

   The number of sexual assault complaints, coming from college students, tend to increase during September and October. And as many warnings as there are about GHB date rape drugs, the truth is, I've rarely ever had to send a specimen out for testing. That's because it's mostly voluntary excessive drinking on the part of both male and female students. 

     As a nurse, with 35 years of diverse experience in the health care field, I've always been a big believer in being proactive. I've seen the difference it made in my patients' health and their enjoyment of life.

  As a forensics nurse, I'm an even bigger believer. The old saying, Prevention is worth a pound of cure, is as true when dealing with most sexual assaults, as it is when dealing with generalized health issues.

   As I've told others many times, While I certainly have the right to go walking alone down a dark city street at 3 am, I'm also not about to do it either. To me, that's being proactive. I'm preventing myself from being placed in harm's way from the start. I view excessive college drinking the same way. Be proactive, protect yourself, and substantially decrease your chances of being harmed, or of harming someone else.

   To say that sexual assault is a horrible experience to go through would be the understatement of the year. Why then would we not take steps to try to prevent it ? Stranger rape is actually very rare. Most sexual assaults are aquaintance type assaults. And often the females don't remember or aren't sure.

   It seems our American culture lately stresses the importance of being proactive in just about everything we do. Everything except possibly preventing ourselves from either being victimized, victimizing someone else, while under the influence of alcohol or drugs, or being falsley accused.

  Or, as in the case above, from being found dead from alcohol poisoning or a drug overdose in a college dorm.

  That's why Harford Medlegal Consulting, provides free presentations to our local high schools, churches, community centers, and colleges. It's our way of helping our community and its students to be proactive and protect themselves.

   My husband and I are parents of a college freshman too. Prior to sending our youngest off to college this semester, my husband and I discussed both the fun and the danger he's likely to encounter his first year away from home. And we didn't shy away from any potential sexual assault issues either. Not only was he warned about excessive drinking but about the consequences as well. 

   We instructed: 

• Always behave as a gentleman
• Always treat a woman as a lady, even if she behaves otherwise
• Avoid dangerous, questionable, or compromising situations
• No means No, no matter what.

   Will he listen to us ? At this point, having led by example, we can only hope the good sense we taught him sticks.

     USA Today newspaper conducted an analysis of college student deaths in the United States over a five year period beginning January 1, 2000. The analysis found that the number of deaths among freshmen was disproportionately high. Therefore, more colleges are becoming proactive towards trying to decrease student drinking on and around campus.

   Programs and Policies That Make a Difference

"The following are examples of the strategies many colleges and universities are implementing that can have a positive influence on the campus culture regarding alcohol and other drug use:

• Working with local communities to ensure that alcohol is not served to minors or to intoxicated students;
• Strengthening academic requirements;
• Scheduling classes on Fridays (This strategy emphasizes the importance of academics and discourages the alcohol-fueled partying that may occur on Thursday nights if students do not need to attend classes on Fridays);
• Keeping the library and recreational facilities open longer hours;
• Eliminating alcohol-industry support for athletic programs (Accepting such funding can be seen as sending a mixed message to students);
• Restricting alcohol promotions and advertising on campus and in campus publications, especially promotions or ads that feature low-cost drinks;
• Monitoring fraternities to ensure compliance with alcohol policies and laws;
• Providing a wide range of alcohol-free social and recreational activities;
• Disciplining repeat offenders and those who engage in unacceptable behavior associated with substance use;
• Notifying parents when students engage in serious or repeated violations of alcohol or other drug policies or laws; and
• Launching a media campaign to inform students about the actual amount of drinking that occurs on campus, since most students overestimate the number of their classmates who drink and the amount that they drink"

 ----------------------------------------------------------------------------------------------------------------------------------------

   " Daniel Reardon's nightmare began at 5:30 a.m. with a call from the University of Maryland police. His 19-year-old son, Danny, had taken part in a fraternity drinking ritual and was unconscious . . .

 

Posted 1/25/2006 1:05 AM     Updated 1/25/2006 1:06 AM In college, first year is by far the riskiest By Robert Davis and Anthony DeBarros, USA TODAY Daniel Reardon's nightmare began at 5:30 a.m. with a call from the University of Maryland police. His 19-year-old son, Danny, had taken part in a fraternity drinking ritual and was unconscious. Daniel Reardon places flowers on his son's grave in Washington, D.C. H. Darr Beiser, USA TODAY When Danny began college in fall 2001, his father, a dentist in Washington, D.C., had been confident that the teenager could take care of himself. After all, Danny had spent nine months after his high school graduation traveling across Europe. But Reardon hadn't counted on anything like this. When Danny passed out at about 11:30 p.m. on Feb. 7, 2002, fraternity members put him on a sofa, took his pulse and according to court records and police reports, took turns watching him. Early the next morning, Danny stopped breathing. Students at the fraternity house called for an ambulance about 3:30 a.m., but Danny's brain had ceased functioning when he reached the hospital. He died six days later. In one major respect, Danny was typical of many college undergraduates who die on or near campuses every year: He was a freshman who had been on campus only a few months. A USA TODAY analysis of 620 deaths of four-year college and university students since Jan. 1, 2000, finds that freshmen are uniquely vulnerable. They account for more than one-third of undergraduate deaths in the study, although they are only 24% of the undergraduates at those institutions, according to National Center for Education Statistics data analyzed by the American Council on Education for USA TODAY...

Bribery and Prostitution Rampant Among Private Military Contractors in Middle East, Alleges New Report

FraudBlawg

by fraudblawg on September 1, 2010

   " A new investigative report published this week indicates that private contractors supporting the U.S. war efforts in the the Middle East, working through large U.S. firms like KBR are “bribing both sides in the conflict — officials of the U.S.-supported Afghan government as well as leaders of the Taliban.” The Special Inspector General for Afghanistan Reconstruction’s office responded to such allegations by stating that the United States “does not have the ability to monitor Afghan security contractors or determine the nature of their affiliation or allegiance.” Whistleblower reports describe scenes of debauchery, alleging that Middle Eastern contractors “managed to routinely have prostitutes at their parties…generally dressed in what he described as ‘belly-dancer’ outfits.”

FraudBlawg has previously reported numerous stories of alleged bribery and corruption among private military contractors, To report defense contracting fraud, contact Frohsin & Barger."

Medication Error Verdicts

Maryland Injury Lawyer Blog

Posted On: August 12, 2010 by Ronald V. Miller, Jr.

Check out the latest Medication Error Verdicts from Ronald V. Miller's excellent Maryland Injury Lawyer Blog:

     " A new Jury Verdict Research study found that the average verdict in an improper medication case is $3,539,541. The median, which many consider to be a more accurate number, is $1.2 million. Verdicts ranged from $2,074 to $35,500,000. But only 28% of medication error plaintiffs recover at trial. I think the problem in many medication error cases where plaintiffs do not prevail is causation because sometimes the medication error compounds a larger pre-existing health condition and it is difficult for the jury and the doctors to sort it out.

Incredibly, 1.5 million people are victims of medication errors every year, according to an Institute of Medicine study from a few years ago. Of course, most of these errors are relatively harmless. We get frequent calls from people who are justifiably angry that such a careless error was made. But, more often than not, they don't have a case because they were not significantly injured (in the malpractice sense of the word, anyway). Still, more people die annually from medication errors than from on-the-job injuries, according to the National Coordinating Council for Medication Error Reporting and Prevention, and the extra medical costs incurred from improper medication errors each year is a whopping $3.5 billion. . . " Read More

Extreme Heat May Increase Vehicle Fire Threat

Accident Reconstruction Network 

State Farm® advises motorists to inspect their vehicles during high heat.      

Source Name: State Farm                                      
                

Author: N/A
Date of Article: Thursday, 12 August 2010

BLOOMINGTON, Ill., Aug. 12 /PRNewswire/ -- "The extreme heat experienced in communities across the U.S. makes conditions ripe for vehicle fires. State Farm reminds car owners to be vigilant and have their autos inspected and properly maintained during severe hot weather."

"Nobody wants to be that person standing by the side of the road watching helplessly as their car is engulfed in flames. And the very hot conditions across the country increase the chance of a vehicle fire—especially in older models," said Tom Hollenstain, research administrator at the State Farm Vehicle Research Facility. "But if you keep your car in good operating condition, you'll do a lot to help avoid that danger."

"The National Fire Protection Association® says most highway vehicle fires occur in the months of July and August on Friday afternoons. This report also cited mechanical or electrical failure (leaks, breaks, worn-out parts) as causing approximately 49 percent of U.S. highway vehicle fires."

"To lessen the likelihood of a highway vehicle fire, State Farm recommends the following car care tips:

•Engine Coolant – Maintaining the coolant at the proper level is vital during hot summer weather. Refer to the vehicle's owner's manual for additional instruction or consult with an automotive technician. Never remove the engine's coolant cap if the vehicle has been in operation.
•Engine Oil Level – Motor oil is the life blood of the engine. It not only provides lubrication, it also assists in engine cooling. Maintaining the oil level at the proper range will reduce the chances of engine damage or failure.
•Belts & Hoses – During hot weather, additional stress is placed on the engine's belts and hoses. Gaskets and seals may leak, hoses might deteriorate, and belts could become brittle causing oil consumption to increase. A failed hose or broken belt may cause the engine to overheat. Before turning on the engine, inspect the belts and hoses for unusual wear and cracks.
•Keep it Clean -- Have the engine degreased to cut down on the buildup of oil and grease.
•Slow and Easy – All vehicles should be driven easier during hot weather. If there is a heat advisory, motorists should try to avoid heavy traffic, idling, high speeds and aggressive driving, all of which contribute to the vehicle's engine overheating."

For additional information contact Aymee Zubizarreta, State Farm Public Affairs, at aymee.zubizarreta.p5d4@statefarm.com or 786.897.7208.

Intimate-Partner Psychological Violence Associated with Postpartum Depression

Physician's First Watch

" Intimate-partner violence during pregnancy — especially psychological violence — is strongly associated with postpartum depression, according to a Lancet study.

"Researchers prospectively followed some 1000 Brazilian women from their third trimester. Those reporting intimate-partner violence of a physical or sexual nature during pregnancy were over three times as likely to suffer postpartum depression. That increase was greatly attenuated after adjustment for psychological violence (e.g., insults, humiliation, or intimidation). However, women experiencing the highest frequencies of psychological violence were over twice as likely to suffer postpartum depression, even after adjustment for physical or sexual violence."

"A commentator recommends that guidelines on detecting abuse during pregnancy "should include questions about emotional abuse, as well as physical and sexual abuse."

Lancet Article (Free abstract)

Police: Father Abused Family for '15 Years or Longer'

Baltimore Sun

Dave Nethers Fox 8 Reporter

7:29 p.m. EDT, September 4, 2010

 

MADISON TWP., Ohio — " Police said what happened in the Ledge Road home of Jeffrey York for years only first became apparent after they got a call about a sex offense in December.

Two officers who went to the home were asked not only to make an official report of the crime, but were also asked by York's wife to help her and the couple's seven children leave.

In the months since, investigators say family members started telling them of mental and physical abuse, of being cut off from society and live in an environment where they were afraid to do anything about it."

---

---

" The accusations have lead to an indictment of York on charges that include: two instances of rape involving a female under the age of 13, five instances of gross sexual imposition, six counts of child endangering, one count of aggravated menacing and five counts of domestic violence. . . " Read More

Calif. Man Gets Death for Sexual Assault, Torture, Murder of Girlfriend's 5-Year-Old Daughter

CBS News Crimesider

Posted by Edecio Martinez

SAN FERNANDO, Calif. (CBS/AP) "Antonio Rodriguez has been sentenced to death for sexually assaulting and beating to death his girlfriend's 5-year-old daughter, Desarie Saravia.

The 29-year-old southern California man was sentenced Thursday in a San Fernando courtroom for the 2004 attack. He was convicted in July of murder, torture and other charges.

Prosecutors say Rodriguez brutalized Desarie and her 6-year-old brother for months before he molested and beat the girl in a park restroom.

He'd taken the children to the park while their mother cleaned a house nearby.

Superior Court Judge Ronald S. Coen said during sentencing that Rodriguez had extinguished the light of an angel.

The girl's mother, 32-year-old Debby Saravia, is awaiting trial on murder and other charges."

Joseph Thomas Hansen Wanted to Be "World's Most Infamous Sociopath," Say Police

CBS News Crimesider

September 3, 2010 4:26 PM

Posted by Edecio Martinez

   " SISSETON, S.D. (CBS/AP) Joseph Thomas Hansen, an 18-year-old high school student, stockpiled bomb-making materials in his bedroom and wrote about wanting to blow up his school, target individuals he hated, rape women and "become the world's most infamous sociopath," according to police.

Hansen, of Claire City, was arrested Aug. 23 after someone tipped off a police school resource officer that Hansen had talked about an attack, authorities said.

"Thanks to an alert citizen and a school resource officer, they were able to prevent a very serious and potentially dangerous situation," state Attorney General Marty Jackley said by phone Wednesday.

Hansen pleaded not guilty Tuesday to selling, transporting or possessing an explosive device and possessing substances with the intent to make a destructive device, and is due back in court Sept. 14. If convicted of all charges, he could face up to 25 years in prison, Jackley said.

Hansen remained jailed Wednesday in lieu of $500,000 bond.

During a search of Hansen's room, investigators found a list Hansen wrote of things he wanted to do, including blow up Sisseton High School - where he was set to begin his senior year the day after his arrest - torture and rape women and "become the world's most infamous sociopath," according to an affidavit filed Monday. . . " Read More

Six Accused of Human Trafficking in U.S.

CBSNews.com

HONOLULU, Sept. 2, 2010

 (AP)  "Six recruiters were accused of luring 400 laborers from Thailand to the United States and forcing them to work, according to a federal indictment Thursday that the FBI called the largest human trafficking case ever charged in U.S. history.

The indictment alleges that the scheme was orchestrated by four employees of labor recruiting company Global Horizons Manpower Inc. and two Thailand-based recruiters. It said the recruiters lured the workers with false promises of lucrative jobs, then confiscated their passports, failed to honor their employment contracts and threatened to deport them.

Once the Thai laborers arrived in the United States starting in May 2004, they were put to work and have since been sent to sites in states including Hawaii, Washington, California, Colorado, Florida, Kentucky, Massachusetts, New York, Ohio, South Carolina, Tennessee, Texas and Utah, according to attorneys and advocates.

Many laborers were initially taken to farms in Hawaii and Washington, where work conditions were the worst, said Chancee Martorell, executive director for the Los Angeles-based Thai Community Development Center, which represents 263 Thai workers who were brought to the U.S. by Global Horizons.

A woman who answered the phone at Global Horizons' Los Angeles office refused to take a message seeking comment Thursday. . . " Read More

U.S. Attorney for Northern District of Georgia Sues Alabama Doctor for Alleged False Claims Act Violations

Fraudblawg

August 29, 2010                                                                                         

     "“This lawsuit shows what happens when a doctor puts money before the health and safety of his patients,” said Sally Quillian Yates, U.S. Attorney for the Northern District of Georgia earlier this month after her office filed suit against Dr. Robert M. Ritchea.  According to allegations in the Complaint:

       “[Dr. Ritchea] allowed an unlicensed medical assistant to administer injections that are required to be administered by a physician; assigned treatment codes improperly in order to increase the amount of Medicare reimbursement he received; prescribed and administered the pain treatment protocol in situations where it was not medically necessary; and billed Medicare for procedures that were not reimbursable by Medicare.” Read More

    From DOJ Press Release:

     "The complaint alleges RITCHEA over-billed Medicare by more than $2.2 million in over 4300 separate claims. Pursuant to the False Claims Act, if RITCHEA is found liable, the government is entitled to treble damages and civil monetary penalties ranging from $5,500-$11,000 per claim.

The United States’ complaint is part of the government’s emphasis on combating health care fraud. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover approximately $3 billion nationwide since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in other types of False Claims Act cases have topped $4 billion since January 2009. . . " Read More

How to Teach Lawyers Not to Steal

Maryland Injury Lawyer Blog

August 31, 2010

by Ronald V Miller

     "An Ohio lawyer has been suspended for two year years suspension for submitting “false and fraudulent” time sheets. Theoretically possible for the workaholic? Sure. But three of her bills reflecting more than 24 hours of work in one day, once billing 90.3 hours of work during a 96 hour period. In another, she billed 139.5 hours of work during a 144 hour period.

Although the number of lawyers who pad their bills is probably on the downside in 2010 as more companies are looking for more ways to trim legal budget fat, lawyers who bill by the hour have been padding their bills since Emperor Claudius lifted the ban on lawyers billing more than 2,000 years ago. Little known fact: Abraham Lincoln was a notorious bill padder, sometimes charging clients five times the number of hours taken to complete the task. There was scores of client complaints about Lincoln about his billing. (Before you pass this information along, consider the possibility that I'm completely making this up.)

Anyway, while most lawyers don't, the fact that one lawyer was caught ridiculously padding her bills in not actually a Page 1 story. But I found the defense to the crime particularly interesting: it was the the law school's failure to teach law firm management. . . " Read More

$31 Million Rollover Verdict Against Ford Overturned

Maryland Injury Lawyer Blog

August 23, 2010

by Ronald V Miller

     "The South Carolina Supreme Court overturned a $31 million verdict in a Ford rollover case stemming from a catastrophic accident in 2001 that caused brain damage to a 12 year-old boy. This was a difficult case. A mother was driving with four children who were not wearing seat belts and the mother took her eyes off the road and swerved to get back on the road. The question was whether the design of the Ford Bronco was a substantial contributing cause to the child's injuries.

Obviously, a jury found that it was and sent a powerful message to Ford: $16 million in actual damages and $15 million in punitive damages.

The South Carolina Supreme Court overturned the verdict for a lot of reasons. I won't go into all of them but there are two reasons set forth for the court's reversal that I think are of particular interest.

First, the court found that it is improper for lawyers in closing arguments "to arouse passion or prejudice." Read More