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Entries from August 1, 2008 - August 31, 2008

Saturday
Aug302008

Man Kills Kitten in Front of Kids



Danield John Collins, 39, an ex-navy veteran and an alcoholic can now add convicted felon to his resume. He was sentenced to 18 months in jail. Collins, who lives in Muncie, Ind., pleaded guilty to a felony count of animal cruelty and two felony counts of neglect of a dependent. In exchange, prosecutors dropped three other felony charges. What makes this case so horrible is that Collins was convicted of killing his 8-month-old tuxedo kitten, named Boots, in front of his two young kids.

It all began when the grandparents, who have custody of the two children (a 7-year-old girl and an 11-year-old boy), dropped them off at their father's house for a visit. The kids arrived to find that their father was drunk. According to the kids, their father was a different person when he is drunk. At some point during the visit the father passed out. When he awoke he ordered his 11-year-old son to stab the 8-month-old kitten. He gave him a knife and told him he wanted them to learn how to kill.

When Collins left to go to the bathroom, his son hid the kitten under a sofa bed and put ketchup on the knife in hopes of fooling his father into thinking the kitten was dead. When Collins realized that the kitten wasn't dead, he searched for it and found it under the sofa bed. He then grabbed his 7-year-old daughter by the hand so "hard it ached" and still holding her hand, forced her to stab the kitten in the side.

Still not satisfied he took the knife from her and stabbed the kitten again. He then proceeded to strangle the kitten in front of the two of them. When the kitten was dead he told his son to pick it up and throw it in the garbage.

When the children returned home, they told family members what had happened. The police were called and Collins was arrested and held on $40,000 bail. The police were able to retrieve the dead kitten from the garbage as evidence. Authorities said Boots had suffered a broken leg, broken teeth, a bruised ear, a ripped lip and two stab wounds but died as a result of being strangled.
Muncie police Detective Jami Brown said the case was particularly troubling because Collins involved his children in killing the cat, an 8-month-old tuxedo type-cat named Boots. "I've been doing investigations for 10 years and this is really bothering me," the detective said.

During his sentencing Collins said he could not remember exactly what happened that day but did not try to contradict the children's story. "I am extremely sorry for what I did," Danield J. Collins said. "Everything is my responsibility."

Under the plea agreement, which sends him to jail for 18 months, Collins also must receive counseling and attend parenting classes and substance abuse treatment. The judge also prohibited Collins from owning a pet. "This is not civilized conduct," Judge Robert Barnet Jr. said as he sentenced Collins.

Deputy Prosecutor Judi Calhoun said she was outraged by the crime but agreed to the plea deal so that the children would not have to testify against their father. Defense attorney Steve Bruce said Collins, a Navy veteran, has no previous felony convictions.

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Thursday
Aug282008

Police Officer Charged with Assault



Yonkers police officer Wayne Simoes faces a possible 10-year prison term and a $250,000 fine. He has pleaded not guilty to charges that he violated the civil rights of 44-year-old Irma Marquez, in an appearance in federal court. He is accused of body-slamming the unarmed woman onto a tile floor, breaking her jaw and leaving her unconscious. The 38-year-old Simoes was freed on $300,000 bail. See TV coverage of Irma Marquez and Wayne Simoes here.

The incident was captured on video and reviewed by U.S. Attorney Michael Garcia who said the actions of Simoes amounted to an assault. He said it violated Marquez right against unreasonable force from a police officer.
The violent attack resulted in the hospitalization of Marquez with a fractured jaw, concussion, two black eyes and facial lacerations, as well as bruises and swelling over her neck, torso and numerous other parts of her body, according to the complaint.

Ms. Marquez alleges she was accosted by police when she leaned over to get a better view of the medical assistance being provided to her niece who was earlier rendered unconscious when struck by a bottle thrown by an unknown assailant while patronizing the La Fonda Restaurant at 57 Palisade Avenue, Yonkers, New York on March 3, 2007. Police Officer Wayne Simoes is said to have “slammed Ms. Marquez to the floor then handcuffed and charged the unconscious and seriously injured woman with Obstruction of Governmental Administration and Disorderly Conduct. On May 9, 2008 a jury acquitted Ms. Marquez of all charges.
“If anyone other than a police officer was caught on tape doing what Police Officer Simoes did to Irma Marques they would have rightfully been arrested and prosecuted,” said Gary T. Certain, Esq., of Certain & Zilberg, PLLC, attorneys for Ms. Marquez.

Lawyers for Irma Marquez have filed an $11.3 million lawsuit on her behalf.



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Thursday
Aug282008

Joseph Duncan Must Die says Jury



Joseph Edward Duncan III, 45, was sentenced to death by a jury in Boise, Idaho for the 2005 kidnapping, torture and murder of a 9-year-old boy, Dylan Groene.

[youtube=http://www.youtube.com/watch?v=_WVNu4YqvrA&eurl=http://news.google.com/news?q=joseph+edward+duncan+iii+video&ie=UTF-8&oe=utf-8&rls=org.mozilla:en-US]
"We're happy with the verdict, but it's a shame — this should have been limited to one death," said Steven Groene, the father of the children. "He should have had the courage and the guts to kill himself before killing anyone else."

In his closing arguments the prosecutor reminded the jury of the many crimes committed by Duncan and summed up by saying:
"This defendant is dangerous. He is a predator who takes pride in his work," prosecutor Traci Whelan said. "He earned this day. His actions ... call out for the death penalty."

The heinousness of the evidence in Dylan's murder made it particularly difficult for the jurors to remain impartial as they deliberate, said Art Patterson, a jury consultant and senior vice president of the trial consulting firm DecisionQuest.
"Generally, for human beings, it's pretty hard to maintain impartiality when confronted with such horror," Patterson said.

"How could any juror not want to see this person removed from our list of living human beings? How could you live with yourself as a juror if there's any chance this human being could escape from jail and do something like this again?" Patterson said.



After 3 hours of deliberation, the jury agreed with the prosecutor and returned a unanimous verdict of death.
"The jury speaks the mind of the community," U.S. Attorney Tom Moss said. "By the verdict today, they have given voice to the victims."

Joseph Duncan had a long history as a violent sexual predator. He had spent time in prison for the gunpoint rape of a young boy in the 1980's. He gained national notoriety, and spot on the FBI's most wanted list, for his involvement in the kidnappings and murders that eventually lead to his death sentence. He was also featured on the TV program America's Most Wanted.

Duncan kidnapped Dylan Groene and his sister Shasta from their home, after brutally murdering their mother Brenda Groene, her boyfriend Mark McKenzie and their older brother Slade Groene. He had tied them up and mercilessly bludgeoned all three of them to death with a hammer. He took the two children and for the next 6 weeks repeatedly raped and sexually molested both of them in various campgrounds before shooting Dylan in the head and burning his body in front of his sister. Duncan was so perverted that he made a videotape.
At his trial jurors viewed horrifying video Duncan made of him sexually abusing, torturing and hanging Dylan until the boy lost consciousness.

Duncan was arrested and Shasta rescued weeks after the kidnappings when a waitress at a Denny's in Coeur d'Alene called police after recognizing the two as they ate. He pleaded guilty in December to 10 federal charges involving the kidnappings and the murder of Dylan. He pleaded guilty to the other three murders in state court, where he also could be sentenced to death.

With multiple murder convictions and a death sentence hanging over his head, the law is not yet finished with Joseph Edward Duncan III. Prosecutors in Riverside County, California say they know of Duncan's murderous past. Duncan is charged in the 1997 murder of 10-year-old Anthony Martinez, and they are still waiting to put Duncan on trial.

Duncan is suspected of abducting Martinez at knife-point from his front yard. Fifteen days later, Martinez was found dead. At the time of Martinez's murder, Duncan was wanted for violating his parole in Washington, as he failed a drug test and fled the state. Riverside County District Attorney Rod Pacheco said he's glad juries in Idaho are holding Duncan accountable, but now it's time for him to face justice in California. Despite the potential cost of a death penalty case, Pacheco says the Martinez family deserves to see Duncan tried.
"It's not something where you go, well, you can wait a couple years. We can't wait," Pacheco says. "We need him today. I understand Idaho needs to finish their stuff, but we need him as soon as possible. I can't wait."

For complete coverage of the Joseph Duncan case see KXLY.COM and also True Crime Report.Com.

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Wednesday
Aug272008

Doctor Accepts Oral Sex from Patient



Australian doctor Martyn Mendelsohn, 49, from Sydney was accused of having non-consensual sexual intercourse with a woman during a consultation at his surgery in May 2005. The 49-year-old woman had claimed Dr Mendelsohn took advantage of her at his Hunters Hill practice. On the very day of the trial, the charge against the ear, nose and throat surgeon was dismissed. The Director of Public Prosecutions confirmed that this, and another charge dating back to 1999, would not be prosecuted:
"The DPP says that on the available evidence there was no reasonable prospect of a conviction," the spokesman said.

That was not the end of Dr. Martyn Mendelsohn's troubles. He is now facing a disciplinary hearing in front of the NSW Medical Board. The Healthcare Complaints Commission has launched an investigation into the matter. The board said Dr Mendelsohn would be free to practice but had certain conditions placed on him, including that he obtain the approval of the board before changing the nature or place of his practice, and that he have a third party, in this case a registered nurse, present while treating or interviewing patients.

The doctor has admitted to having oral sex with the 49-year-old woman in question. He however claims that she was the aggressor and was only showing him her gratitude for performing surgery on her nose after being hit by her boyfriend.

According to the woman, after the incident took place she asked her boyfriend to take her to the police where she accused the doctor of sexually assaulting her. She told police that Dr. Mendelsohn was kissing her, touching her breasts and ejaculating in her mouth.

Dr. Mendelsohn's story is a lot different. He admitted that he allowed his patient to perform oral sex on him. He told the commission that she had arrived late at his surgery after the staff had gone home for the day and was demonstrably grateful that he had agreed to see her. He said she started to get flirtatious with him commenting on his looks and hugging him saying, "You look after me, I'll look after you".
"He says she then leaned down and unzipped his trousers and performed oral sex on him. He says she swallowed his semen and did not spit." Mr Phillip Strickland, the commission's barrister, said.

The doctor explained to the tribunal that he felt "devastated" after the incident. He performed surgery on her nose, but refused to continue the treatment after what happened. The NSW Medical Board has the power to remove the doctor from the medical registry if it feels that his behavior warrants it. The case continues....

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Tuesday
Aug262008

Otis Hensley Jailed for Joke



Otis Bullman Hensley Jr, 52, a two-time gubernatorial candidate (2003 and 2007) in Kentucky is now a free man after spending three days in jail. He had been arrested in Harlan, Ky. on a charge of first-degree unlawful transaction with a minor under the age of 16, a Class B felony that can carry a sentence of 10 years to 20 years. According to Hensley it was all a misunderstanding stemming from a joke.

Hensley's problems began when he went to the local grocery store to buy ground beef. There he encountered two young girls aged 11 and 13 who were with their aunt. He offered the aunt a fattening hog for the two girls:
“The one girl turned around and looked at me and smiled,” Hensley said. “I said ‘Ma'am, do you want to trade them girls for a good fattening hog?' and then I went on into the meat department. That was all that was said.” Hensley said. "I meant it as a joke. I've said it a million times. Most people get a kick out of it."

However the girls' aunt did not think it was funny. She became very upset and went to inform the girls' father about what was said and he also was also not pleased. Realizing that they were genuinely angry Hensley said he followed the family out of the store and then to the courthouse trying to apologize.

The father of the two sisters contacted the county attorney about the incident, claiming the comment was intended to entice the children into illegal sexual activity. The Harlan County Sheriff's Office arrested Hensley that same evening. He was sent to the Harlan County Detention Center on a $15,000 cash bond.
"Jay Leno makes jokes every night and makes millions," Hensley said in his thick Appalachian accent. "I make one joke and go to jail."

Appalachian scholar Loyal Jones said the jest Hensley made has been around for generations and actually is intended as a compliment.
"I've heard many variations of that," said Jones, retired director of Berea College's Appalachian Center. "You might hear 'That's a good looking boy; I'd trade you a pocket knife for him' ... Political correctness has ruined country humor."

In Kentucky, citizens can obtain arrest warrants simply by filing a complaint with local prosecutors. Defense attorney Karen Davenport said no investigation is necessary for police to make an arrest when the charge involves an alleged sexual offense. In the Hensley case, Davenport said, the arrest was unwarranted because he had done nothing criminal.

In court, the girls' father accepted an apology from Hensley and shook hands with him. Prosecutor J.D. Smith asked the judge to dismiss the charge, saying both sides want to put the matter behind them.

While running for governor of Kentucky, Hensely became well known for the large bull he had hauled around the state as a prop, with the message that he’ll “Get the Bull Out of Frankfort.” He was a long shot candidate for the post and garnered only 3.3% of the vote in 2003 and even less in 2007.


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