It was a dark, dreary, rainy day as the Petit family arrived in court to deliver victim impact statements at the sentencing of Joshua Komisarjevsky.  It was for them, the final chapter in this sad, horrifying odyssey that has lasted five years.

Cynthia Hawke-Renn, Jennifer’s sister, said in the video played in New Haven Superior Court at Joshua Komisarjevsky’s sentencing that everyday items like gas, rope, bed posts and gas conjure horrific memories. She said, “There is no escaping the horrors of that night.”

Richard Hawke, Jennifer’s, dad said the killings of his daughter and granddaughters had left him “half-past dead.”

“They offered to give you everything you asked for, you didn’t have to take their lives,” he told Komisarjevsky. “You will from now on be known as a prison number in the book of death. You are now in God’s hands.”

The sole survivor of the attack, Dr. William Petit, called the loss of his wife and two daughters a “personal holocaust.”

Dr. Petit, added, “I lost my family and my home. My wife, my friend, my partner. I miss our late night chats and our partnership in raising the girls.”

Before Joshua Komisarjevsky spoke, the Petit family left the courtroom.

In his statement, Komisarjevsky continued to deny the serious crimes for which he was convicted and continued to place the blame on his accomplice, Steven Hayes.

He said, “I did not rape. I did not pour that gas or light that fire.”

It’s a “surreal experience to be condemned to die,” he said. “Our apathetic pursuits trampled the innocent.”

“I will never find peace again and my soul is torn,” Komisarjevsky added.

“The task of sentencing another human being to death is the most sober and somber experience a judge can have,” said Superior Court Judge Jon Blue.

“May God have mercy on your soul.  This is a terrible sentence, but it is a sentence you indeed wrote for yourself.”

Komisarjevsky and Hayes will not receive a lethal injection for some time.  They will likely languish on death row for up to twenty years while their death sentences wind thier way through the appeal process.

For the time being, hopefully the Petit and Hawke families can feel some sense of peace and try to begin to put together the pieces of their shattered lives.

SOURCES

CNN

Philly.com

International Business Times

As he was sentenced, van der Sloot look shaky and began sweating profusely!  It was pretty satisfying to see him so uncomfortable and undone.

We’ll see how smug and cocky he is if he survives and is then extradited to face charges in the U.S.

This is not a person who should be loose in civilized society!

The other defendant’s trials are scheduled for August 27 for Letalvis Cobbins, October 22 for George Thomas and November 12 for Vanessa Coleman.

Blackwood also ruled there will be no change of venue for any of the trials, however juries will be brought in from other counties – those counties have not been determined.

Coleman’s attorney’s requested bond for her because she doesn’t face the possibility of a death sentence.  Bond was set at $ 1 million.

Thoughts and prayers are for the Newsom and Christian families.  May they find the strength and courage to endure this horror, yet again!

Knoxville News

Judge Blackwood said the question of Baumgartner’s “fitness” within the courtroom was certainly evidence of structural error in the cases.

He also said it’s “better now than later,” saying he wouldn’t want to have to go through appeals ten or twenty years from now.

Blackwood indicated he hoped the new trials would be completed by the end of the year for the sake of the families!

When court resumes this afternoon, motions for change of venue will be heard.

Prosecutors have not commented on whether they will take their appeal to the appellate court.

While stunned, I am not surprised in the least, that Blackwood ruled as he did…why would he comprise his own ruling?

WBIR

Trials for the four defendants provided graphic and horrendous details of the carjacking, torture, rape and murders of the two young adults; ending their bright and promising futures.  Lemaricus Davidson received the death penalty, Letalvis Cobbins and George Thomas received life sentences and Vanessa Coleman was given a 53 year sentence for the facilitation of Channon Christian’s death.

In March 2011, we learned Judge Richard Baumgartner admitted to drug addiction and was disbarred, but was granted a diversion, (drug rehab) by Judge Jon Kerry Blackwood, a move that left Baumgartner’s pension intact.

Fast forward to December 2011 when the Tennessee Bureau of Investigation released its report regarding the illegal activities of former judge Baumgartner and all hell broke loose.  See Christian Newsom Murders – Arrogance and Addiction Creates Pain And Anger

Back to Judge Jon Kerry Blackwood -

Blackwood was assigned to hear appeals by the four defendants, requesting new trials, citing Baumgartner’s drug abuse.  In a move that stunned most, Blackwood capitulated, overturning the convictions and granting new trials.  His justification was based on the 1,200-page TBI report.  Blackwood reduced that report to 19 pages where he detailed much of Baumgartner’s criminal activities – activities that occurred off the bench and scheduled a January 12 hearing to set new trial dates.  See Baumgartner’s “sordid” illegal activity detailed

It was apparent during his ruling that Judge Blackwood alternated between, disgust, defeat, and anger.

On Thursday, ADA Leland Price filed an appeal of Blackwood’s ruling in which he made some sound and solid arguments.

While the DA’s office agrees that Baumgartner didn’t live up to the standards of his office, Blackwood did not present any proof that Baumgartner’s criminal behavior outside the courtroom, in any way, shape or form, affected or impacted on the trials or defendants.

The State also questions, if Blackwood’s ruling is to stand, what long-reaching impact will that have on the legal system?  Would this mean the State would have to conduct pretrial investigations of every judge, before trial?

The State also addressed the monetary and emotional issues connected to allowing new trials.  See State files appeals of Christian-Newsom retrial

The state requested a stay in all proceedings until the appeals court has time to review them and make a decision.

Op-Ed

My first reaction to Blackwood’s ruling was, ‘wow, he really is pissed at Baumgartner!’  That quickly changed to, ‘bet he’s more embarrassed and pissed-off at himself for granting Baumgartner a ‘diversion’ that left his pension intact!

So, was the overturn of the convictions and granting new trials a knee-jerk reaction on Judge Blackwood’s part?

I watched all the trials.  The witness testimony, as well as the DNA and forensic evidence were enough to convict each and every one of the defendants.  The juries apparently felt the same way and that is a fact you cannot escape.

Jurors from the Davidson trial came forth and said they saw no erratic behavior on Baumgartner’s part and he always appeared professional and kind in his dealings with them.

I, personally, noticed nothing overt in Baumgartner’s behavior – no slurring of words, no erratic behavior.  In fact, at times when he seemed to be daydreaming or preoccupied, he would suddenly spout case law to back up a decision, in an intelligent and scholarly fashion.

I will add, I did see the incident when Baumgartner laid his head on the bench.  I honestly attributed that to shear exhaustion from these trials; they sucked the life out of all of us.

No, I am not defending Baumgartner.  What he did was wrong and constitutes criminal behavior and he should have to pay for it.  But, the legal system, the taxpayers and most importantly, the families should not have to pay for it.

The State is absolutely correct – the appeals court has to review the trial transcripts and make a decision. 

That is, after-all, the way the system is supposed to work!

Elisa got off light!

Despite having been charged with conspiracy to distribute 12,000 Oxycodone, 10,000 Hydrocodone and 29,000 Alprazolam, between May 2006 and October 2010, in a plea deal reached with the US Attorney’s office, 6 of the 7 charges were dropped.

A sentencing date has not yet been set, but under the plea agreement, she faces a maximum of 20 years and a $1 million fine.

Baker will have to complete her current 14-18 year state sentence before the federal sentence begins.

Adam got a surprise – he’s not getting on that plane back to Australia next week! 

Having pled guilty to one felony count of obtaining property by false pretense, Baker was ordered to pay $349 in restitution and received a suspended sentence of 45 days in jail.

After that mess was resolved, Baker headed to the Caldwell County District Court to sort out several misdemeanor charges.  To his surprise, he was hit with a 30-day sentence for assault with a deadly weapon.  Baker’s attorney has filed a notice of appeal.

Baker still has pending charges of failure to return rental property and six counts of writing bad checks.

Elisa Baker pleads guilty to one drug charge

Adam Baker pleads guilty to misdemeanor

Adam Baker: Guilty of assault

Adam and Elisa Baker

Parents of the pretty little Australian girl who was brutally dismembered after her death in September 2010 are both in court today.

Elisa Baker is currently serving an 18-year sentence after a plea deal in the murder case was reached.

Today, she will be in Federal Court with another plea deal on the seven drug related charges.  If convicted on all charges she faced 115 years in prison and a fine of $4.2 million.  It will be interesting to see what the plea deal consists of.

Meanwhile, Adam Baker has his own legal woes.  He faces 2 felony charges – one count of identity theft and one count of obtaining property by false pretense.

Today, the details of the plea bargain his attorney and the Catawba County District Attorney’s Office have worked out will be revealed.

It is believed Baker will not serve any jail time and may return to his native Australia as early as next week.

Dr. William Petit

Judge Jon Blue will sentence Joshua Komisarjevsky on January 27 for his part in the 2007 Petit family murders.  Komisarjevsky was sentenced to death by the jury in early December and will join his accomplice Steven Hayes on death row.  I look forward to reading Judge Blue’s sentencing remarks.

On a brighter note, it has been confirmed that Dr. Petit became engaged to photographer Christine Paluf over the weekend.  No wedding date has been set.

I wish Dr. Petit happiness and hope this marriage helps him heal and move forward.

Joran van der Sloot

If all goes as planned – this is Peru after all – Joran van der Sloot will stand trial on Friday for the murder and robbery of Stephany Flores.

van der Sloot was charged last year with “qualified murder” and simple robbery, crimes which carry sentences of 28 years and 2 years.

van der Sloot’s attorney now states his client will plead guilty to the robbery – 2 years – and “simple” homicide – 6-20 years.  It is possible if van der Sloot pulls this off, he could serve as little as 2 years on the murder due to Peru’s 3 for 1 prisoner benefit!

Confused?  Don’t blame me blame the Peruvian legal system; I don’t claim to understand at all!

For a better understanding of the legal wrangling, watch the CNN video!

Whatever the number of years he serves in Peru, van der Sloot still faces extradition to the US on federal fraud and extortion charges!

Jodi Arias

In what may be the most anticipated murder trial of 2012, jury selection in the Jodi Arias murder trial has just been slated for October 17.  Arias is charged with the 2008 murder of her former boyfriend, Travis Alexander.

After friends hadn’t heard from Travis despite numerous phone calls, emails and text messages, they entered his home and found his decomposing body in the shower.  He had been shot in the head, stabbed 27 times, his throat slit from ear to ear and the cause of death was determined to be a stab wound directly to the heart.

Nancy Grace Blog Video

This case has already been a rollercoaster ride from day one and the waiting of family and friends for justice must be unbearable.

Arias first told police that she wasn’t even in Arizona, but when her DNA and her palm print were confirmed at the scene, she quickly changed her story to it was a home invasion by a man and woman.  After Travis was shot, she claims the gunman put the gun to her head, but it misfired.  So, like any person scared out of their wits, she reached down and grabbed her purse off the floor and fled and drove for hours.  Nope, she never called police or reported to anyone what had happened!

Next, Arias had letters allegedly written by Travis that purportedly showed he was abusive and in which he admitted to being a pedophile, electronically sent to the prosecutors.  They were rejected as evidence after both the prosecution and defense determined they were forged.

Then, Arias informed the judge she wanted her attorneys tossed and she would represent herself even though she has no legal background and only completed school through eleventh grade!   The judge kept the attorneys on as advisors for Arias.

Next ploy by Arias is that she had to kill Alexander in self-defense.  She claims he grew enraged when she dropped his new camera and attacked her.

Finally, on December 23, Arias’ death penalty qualified public defender, Victoria Washington, withdrew from the case. Jennifer Willmott, a death penalty-qualified defense attorney has until October 17 to get up to speed with this topsy-turvy case.

Oh, and Travis Alexander’s camera and bed sheets were run through the wash.  Police were able to recover two sets of photos from the memory card – one set are provocative photos of Alexander as well as nude photos of Arias, the other set shows a bleeding and dying Travis Alexander on the bathroom floor!

With all the evidence, seems to me, self-defense will be a pretty hard sell – seeing Arias on the stand trying to explain self-defense will be jaw dropping, I’m sure!

Stay tuned!

SOURCES

Dr. William Petit Engaged

Elisa Baker in federal court Thursday for plea hearing

Adam Baker plea deal posponed

Jodi Arias Case: Twists And Delays In Alleged Femme Fatale’s Murder Trial

It’s hard to believe we’ve reached this time of year again!  2011 was eventful to say the least. We saw the good, the bad, and the ugly. 

We witnessed some incredibly sad events as well as some very tender moments.  We saw justice stumble and saw justice triumph. 

We saw anger; we saw joyous tears. 

We witnessed moments of legal brilliance and sadly saw moments of gross legal incompetence and attorney ‘bad’ behavior.

We’ve seen positive changes and yet must acknowledge we still have a long road to haul in order to improve our legal system.

We celebrated our sameness and honored our differences.

In our compassion and with a sense of justice, we became a universal family by embracing victims and families and knowing what we were doing was right and humane.

We must remain committed to protecting our most vulnerable and fragile; the children!

My greatest wish is for peace, love, justice, and caring for all of you and your families, now and in the New Year!

Season’s Greetings

donchais

For those like me who followed the 4 years of murder trials for the gruesome kidnap, torture and rapes of Channon Christian and Chris Newsom, most remember the March 2011 day Judge Richard Baumgartner admitted to drug addiction and was disbarred.  The 19-year veteran of the bench was granted a diversion, (drug rehab) by Judge Jon Kerry Blackwood, a move that left Baumgartner’s pension intact.

I recall how sad the Judge’s situation was, but acknowledged how it is not just the homeless and unemployed who are addicted, but some of the world’s brightest.  I remember feeling terribly sad for Mrs. Baumgartner having to face the disgrace of her husband’s actions.  I believed with rehab, the family had a good shot at healing and moving forward.

Now, all hell has broken loose with the anticipated release of the Tennessee Bureau of Investigation report into the activities of Judge Baumgartner – truthfully, I almost became physically ill when I realized the magnitude of flagrant disregard of the law, but not just by Baumgartner, but fellow jurists, LE, medical personnel and the judge’s own staff.

Baumgartner did not become a crazed drug addict overnight.  He was enabled by his own friends and colleagues!

We now know, Baumgartner was abusing drugs to the tune of some 30 pills a day.

Some of his drugs of choice were: Hydrocodone, Percocet, Roxy’s (Roxycodone), Xanax, Suboxone (to alleviate addiction to opiates – Baumgartner had maxed his retirement and was out of money)

Is this a full list?  Who really cares, it shows the extent to which Baumgartner had fallen.

The former judge reportedly doctor-shopped and associated with at least two convicted criminals in order to get the painkillers.

Baumgartner obtained much of that medication from Deena Castleman, who was a drug addict herself. Baumgartner apparently visited her in the hospital, where the two did drugs. Drugs were found hidden in her room in a flowerpots and in ceiling panels, so you know she had outside help! The report said he also used drugs and had sex with her inside his chambers.

Sex?  It’s not like Baumgartner is in a league with Johnny Depp or Brad Pitt!

His other go-to supplier was another convict, Christopher Gibson, who supplied Baumgartner with hundreds of pills.

Both Castleman and Gibson were participants in a drug program run by Baumgartner’s court.  The TBI report also indicate Baumgartner had no scruples in asking colleagues to bend the rules for the habitual criminals on subsequent offenses.

A distraught Special Judge Jon Kerry Blackwood (the same judge who allowed Baumgartner to keep his pension) has granted motions for new trials for all four of the defendants convicted in the murders of Channon Christian and Chris Newsom.

Lemaricus Davidson, Letalvis Cobbins, George Thomas and Vanessa Coleman — have all been sent back to prison, where they will stay through the new trials.

Because of the double jeopardy rule, none can be found guilty of any higher crime than their previous convictions. That means only Davidson is again eligible for the death penalty.

This week, Knox County District Attorney General Randy Nichols after conferring with the Tennessee Attorney General’s Office and discussing it with the families of the victims, Channon Christian and her boyfriend, Chris Newsom, said he will file appeals of the Blackwood ruling granting new trials in the Christian Newsom murders.

The motion must be filed shortly after the New Year is based on some of Baumgartner’s other cases have been upheld after review.

So what are we left with?  Questions upon more questions!

Why did none of the defendant’s legal teams question Baumgartner’s proceedings prior to the release of the TBI report?  They didn’t seem to have problems during the trials.

What is the price to the Christian and Newsom families having to relive this nightmare 4 times over again?

What is the price to prosecutors Leland Price and Takisha Fitzgerald and their team who spent 4 long years in court?

Why is Baumgartner still receiving his pension?

What is the price to taxpayers for these retrials?

What the hell was the court and legal community doing casting a blind eye toward Baumgartner’s obvious addiction and abuse of office?

Where do we go from here?

Reactions to new trial ruling.

Judge grants new trials in the Channon Christian, Chris Newsom murders

Knox County DA to appeal new Christian-Newsom trials ruling

December 19, Maria goes missing and by early January Laurean goes on the run.  He left a note for his wife, Christina that said Maria committed suicide by slitting her own throat with a knife, and he panicked and buried her in the woods near their home.

Firepit where Maria and her unborn baby's bodies were hidden

Lauterbach’s charred remains, along with the remains of her unborn child, were found buried in a fire pit in Laurean’s backyard.

Autopsy results showed Maria died of traumatic head injury due to blunt force trauma most likely inflicted with a crowbar.  The report also shows there was a superficial four-inch wound to the left side of Maria’s neck and it is believed Laurean made the cut after her death to corroborate his story.

Laurean was convicted to LWOP in August 2010.

The contribution that Maria and her child have made to North Carolina rests in the fact the “Unborn Victims of Violence Act” went into effect on December 1, 2011.

Causing the death of an unborn child in the North Carolina is now considered murder!

The non-medical death of an unborn child is a homicide. Anyone who assaults a pregnant woman and harms her unborn child can be charged with murder, manslaughter, assault inflicting serious bodily injury or battery, depending on the severity of the injury. There are exceptions in the law for medical procedures including abortions.

North Carolina is the 37th state to pass laws protecting the unborn and allowing prosecution for their deaths.

Now, what about the other states who continue to ignore the rights of the unborn?  What are they doing to protect our most vulnerable and fragile?  Check your state laws.  If it isn’t on the books, I implore you to contact your legislators immediately!

JD News