Monthly Archives: April 2009

Missing the verdict but will return with a new walk, new type of coverage

An appointment with a scalpel kept me from making this morning’s verdict in the RICO case I began covering last month. But when I return, we’re going to try a new kind of courts coverage through this blog.

An old high school sports injury finally caught up with me, and I’ll be recuperating from total knee replacement surgery for the next six weeks. You can monitor my recovery via Twitter, or from the sidebar on this page.

When I return in June, we’re planning a different approach to this blog that we hope will help people better understand the criminal justice system. Details will come soon, so stay tuned.

Carr brothers’ death appeal coming in June

It’s been nearly six years since a jury said Reginald and Jonathan Carr should die for the torturing and killing of four people in Wichita during a weeklong crime spree in December of 2000.

The Supreme Court should begin receiving the Carrs’ appeals by June. That’s when Jonathan Carr’s lawyer said she plans to file his appeal. His brother, Reginald Carr, has an even earlier deadline.

“This is very comparable to what we’ve had in other cases,” said Rebecca Woodman, who will represent Jonathan Carr’s appeal, on the length of time taken to file the legal papers.

The Kansas Supreme Court has extended the filing deadline for Reginald Carr 23 times, 19 for Jonathan.

“Yes, this last extension in Carr is the last,” Woodman said.

The time includes two years — from 2004 to 2006 — when all death penalty cases were put on hold, after the state’s highest court struck down the death penalty and the 1997 capital murder convictions of Michael Marsh. Marsh’s case went to the U.S. Supreme Court, which eventually restored the Kansas death penalty law.

Further court battles on the capital appeal of Gavin Scott put Kansas death penalty cases on hold again from January 2007 to May of 2008.

Marsh’s case was resolved this month — 13 years after the killings — only after the prosecutors decided not to continue pursuing the death penalty. He’s serving life in prison.

But cases where the death penalty is at stake require a higher standard of legal scrutiny. As the U.S. Supreme Court has said: “death is different.”

“Non-capital murder cases … do not generally involve the type or number of constitutional issues that are present in death penalty cases,” Woodman said.

The length of time and expense is why 10 states, including Kansas, have sought to vanquish the death penalty. New Hampshire lawmakers are the latest to abolish capital punishment.

Death penalty cases not only have to pass the state’s Supreme Court but then must pass scrutiny in federal courts.

After the Carrs’ first round of arguments are filed this spring, the appeals process could last years.

No one has been executed in Kansas for 44 years.

Economic times could boost shooting rampages

Crime researchers say crimes such as shootings in Binghampton, N.Y., increase as the economy declines. Experts urge police and communities to plan how they will respond, before something happens.

Frank DiMarino, dean of the School of Criminal Justice at Kaplan University, offers 10 tips for police to prepare for such “psychological offenses.”

  1. Build strong bonds with the community, so that when a person with emotional instability is identified, the public feels confident in approaching authorities about their concerns.
  2. Educate government offices and larger businesses in the same or similar tactics as in School shootings where a lockdown procedure is planned and practiced. Local law enforcement could provide the training.
  3. Increase information sharing and collaboration among state and local communities, educators, mental health officials, and law enforcement to better provide care and detect, intervene, and respond to potential incidents of violence in the community.
  4. Police departments need to create a point of entry for people in the community to contact them when they think a relative or friend is in trouble. Establish an alliance with the local or county-level mental health authority so that police can refer those who are at-risk. Determine what the police can and cannot do when confronted with an emotionally unstable person, or when such a person is reported to them, i.e. voluntary and involuntary commitment procedures.
  5. Dispatchers should receive specialized training to obtain as much tactical information as possible when an active shooting is called in by victims or witnesses so they may help police in their handling of the situation.
  6. Police departments, regardless of size, should be prepared to meet armed resistance from an individual who is committed to inflicting harm to a large number of people. Rapid Response training should be provided, and the necessary weaponry should be available, so as to not be in a disadvantage to the offender. The police department should also offer “Situational Awareness” training for all interested citizens. People who are trained to watch their surroundings and pick up on nuances that are out of place could aid the police early on with identifying suspicious activity.
  7. Encourage and support police officers to pursue education in psychology courses that can prepare them to navigate complex murder and suicidal offenders. The law enforcement community can encourage professionals to take courses that help them handle these incidents and improve their performance in the everyday life of being an officer. Courses could include forensic psychology, abnormal psychology, psychology for law enforcement, crisis intervention, juvenile psychology, deviance & violence, and family & domestic violence.
  8. Make it attractive to recruit and retain police officers with at least two years of college or a bachelor’s degree. Research shows that higher educated police officers are less inclined to use force, utilize complex problem solving strategies, and have a greater understanding of the community for which they serve.
  9. Assure that your state or local law enforcement department is receiving its share of $2 billion from the Justice Assistance Grants administered through the United States Department of Justice. These funds can be used to hire additional sworn officers and civilian employees, to train them how to respond to potential violent situations and support citizens in trouble, as well as to purchase equipment and supplies.
  10. Review the procedures for entering accurate information into the National Instant Criminal Background Check System (NICS) to assure that persons who legally ineligible to purchase firearms are accurately identified. Information such as mental competency and civil orders regarding mental health may prevent persons from purchasing firearms if their background check reveals ineligibility.

RICO jury heads into Day 5 of deliberations on Monday

Jurors in the Crips trial finished their fourth day of deliberations without reaching a verdict Friday. They’ll return Monday to continue to sort out four weeks of testimony against six defendants accused of running organized crime through the street gang in Wichita.

The verdict form they have to fill out covers more than 30 criminal counts. Jurors were told in lengthy legal instructions that they have to consider each count separately. That includes the complex Racketeer Influenced and Corrupt Organizations law, known as RICO, that serves as the basis for the charges.

The jury in a similar RICO trial in November took five days to reach its verdict. That case had three defendants. This trial has six men charged with racketeering and other crimes.

Courthouse bomb threat checklist asks callers name, location of bomb

A checklist by the U.S. Department of Justice being distributed around the courthouse tells people what to do in the serious event of a bomb threat.

Developed by the Bureau of Alcohol, Tobacco and Firearms, the list suggests questions to ask someone calling in a bomb threat, including:

  • Where is the bomb?
  • What does the bomb look like?
  • What is your name?

While most bomb threats are only threats, authorities say it’s a serious federal offense to make one. The ATF also suggests that people record as much information as possible about the caller’s mannerisms. The checklist is similar to this one provided by the U.S. Marshals Service.

U.S. Marshals Service Bomb Threat Checklist