Archive for the 'Witnesses' Category

EEOC, the U.S. Supreme Court, and Bullies in the Work Place

Friday, August 8th, 2008

 
             Thanks to suite100gallery for permission to use this Photo.

A recent U.S. Court case and new research are focusing attention on “workplace bullying,” prompting some employers to take steps to curb aggressive behavior.

There has been a lot of news articles lately regarding bullies in the work place. There was a time in the not-too-distant past that the word bully conjured up memories of the school yard bully, or the neighborhood bully. Not so anymore. According to a recent 2007 survey of 1,000 U.S. Workers, 44% said they had worked for a boss they considered abusive. The survey was sponsored by the Employment Law Alliance, an association of 3,000 employment lawyers.

This year, two Canadian professors concluded bullying can take a more severe emotional and physical toll than sexual harassment, perhaps because companies provide greater support for victims of the latter. In a review of 110 studies spanning two decades, the researchers found that bullied employees were more likely than sexually harassed employees to quit, report physical and mental health problems, and be dissatisfied with their jobs.

Garry Mathiason, a senior partner at Littler Mendelson, a leading employment-law firm, says more corporate clients are raising the issue, motivated by legal questions, as well as concerns about the impact on productivity. Littler Mendelson featured bullying among its “breaking trends” in labor law at a conference for U.S. Employers this year.

Dr. Ruth and Dr. Gary Namie equate workplace bullying with Psychological Violence in work.  Their site Workplace Bullying Institute is an in-depth resource for anyone who feels they are a victim of workplace bullying.

Roger Mezger reported in the Cleveland Plain Dealer on July 26, 2004 that, “Some of the most common bullying tactics, according to a 2000 survey, include making unreasonable demands, yelling and screaming, insulting or putting down a worker, taking credit for someone else’s work, blaming others for mistakes, casting doubt on the quality of another’s work, creating arbitrary rules and isolating a worker. You can read his entire article by clicking here.

Betty Ray Mydland
Student
Ashworth Criminal Justice Program

Ashworth Criminal Justice Student, Betty Ray, Puts The “Insanity Defense” Into Perspective…

Tuesday, August 5th, 2008

image courtesy of flickr's celinecelines by you.     
              Thanks to celinecelines for permission to use this Photo.

This is a very hot topic within the criminal justice field.  As such, there is a lot of misconception about this defense.  One of the most recent cases that has affected legislation is that of Andrea Yates.

For full trial coverage, you can go here.

What this case did for the state of Texas, known for its TOUGH ON CRIME and zero tolerance for murder, ESPECIALLY of children, was sign into legislation a bill concerning Postpartum Depression. 

For a history of the insanity defense check out this terrific resource.

The major misconception about the insanity defense is that many people believe that just because a defendent has chosen this defense, they are going to get off.  Actually this isn’t the case.  According to the following statistics reported by FOX news in February 2002, the insanity defense works in less than 1% of all cases.

Given the insanity rules of McNaughton, Durham, should this be a defense at all in criminal prosecution?

Betty Ray Mydland
Student
Ashworth Criminal Justice Program

Ashworth Forensic Science Instructor Explains Why “Biased Attitudes” Are Unprofessional…

Tuesday, July 22nd, 2008

Ashworth Forensic Science Instructor, Steve Byrd, Says Hello From His Office... 

I have been employed in the field of forensics for over twenty-five years.  When introduced to the field and opinion testimony, it was stressed to me during my training and subsequent contacts within the field that all scientists must not be biased while performing analyses or on the witness stand.  As a forensic scientist, one is not working for the prosecution or the defense.  His only obligation is to disclose the knowledge gained through his examinations.  

During one of the last few episodes of one of the CSI programs this past season, the statement was made by one analyst to another “we will get him”.   Even more appalling than this to me, I watched as a well known pathologist exited the courtroom after giving his testimony. He seemed to take more pleasure in front of the camera for the media than giving his opinion as to the findings in the case. 

Analysts would like to be treated professionally by all parties.  If one seeks the respect of individuals within his profession and those he testifies before, it goes a long way to treat them with the same respect you desire.  This can be obtained by sharing your knowledge to both sides without any bias. 

Steve Byrd
Instructor
Ashworth University Forensic Science Program

Connect With Other Ashworth University Criminal Justice Students In “Study Hall”…

Wednesday, July 16th, 2008

The creation of the Criminal Justice “Study Hall” forum was inspired by one of your fellow students: Betty Ray Mydland.  The general concept behind this particular forum or “Study Hall” is to provide students in our various Criminal Justice programs with a dedicated “space” to openly discuss criminal justice program issues, lessons, topics, careers, questions, news, ideas, etc.

Thanks to Betty for this excellent recommendation. Well, the forum has been created. It’s up to our forum community to spread the word and get as many of your peers engaged as possible. I’m really looking forward to watching this Study Hall evolve. 

If you haven’t registered for the Ashworth University Student Forum yet, take a minute to do so.  It literally only takes a minute before you’re ready to join the discussion. 

We encourage all of our Criminal Justice/Legal Studies students to begin participating in this new Study Hall today!  Get involved with your student community!

Here’s the link:

Criminal Justice Study Hall Forum

Ryan Rode
Interactive Services Manager
Ashworth University

Ashworth Private Investigation Instructor Discusses How To Conduct A “Pretext” Interview…

Friday, June 27th, 2008


            Thanks to  Alexis O’Toole for permission to use this Photo. 

A pretext is an expression of a false purpose.  Its goal is to introduce an acceptable excuse in order to hide, or cloak, a person’s real intention(s).  When a private investigator uses a pretext that includes verbal communication, the focus should be toward obtaining pertinent information from sources close to the claimant, such as neighbors and fellow employees.  Avoid contact with the claimant.  If in a public location, the claimant initiates a conversation with you, you may not be held accountable.  But, if the case ever makes it to court and this evidence is introduced, it will be his or her word against yours.  Who will a judge believe?  It depends, but the risks are too great to take a chance.The following steps will assist you in conducting a pretext interview:

Step one: Drive through the area first (preferably only once) to identify the claimant’s residence and determine how to best approach the various sources, starting at the perimeter.  You may find the claimant active outside.  During a brief activity check assignment on a claimant with an alleged severe injury to the lower back, I drove into the neighborhood and noticed he was mowing the yard with a push mower.  The priority then became surveillance coupled with video documentation.  But, if there’s no such luck, continue with the initial objective.  Identify the vehicles and look for signs of activity by identifying what is visible on the property.

Step two: Park your vehicle out of view and select the pretext that seems most suited to the surroundings.  Consider the economic, social, and cultural standards of the immediate area.  Look for the neighbor whose home and property is obviously better maintained than the claimant’s.  You may find some resentment toward the claimant who, as it turns out, rents the home while others own their property.  These economic, social, cultural, and racial barriers can produce cooperative sources from either end, as long as there is some disapproval or jealousy that exists.  

Step three: Use the opening remark you make to the source to determine the pretext that will be most productive.  Even before identifying myself, which may already be evident in the outfit I’m wearing, I usually ask them in a straightforward manner if they are familiar with the claimant.  The response you get will forewarn you about the pretext you should use and could prevent you from sticking your foot in your mouth.  The response may range from a total lack of recognition to the possibility you’re speaking directly to the claimant who is visiting this source.  If anything close to the latter scenario occurs, be prepared with an alternative pretext.  Tell the source, or the claimant, that another individual recommended you talk with the claimant about something pertinent to their situation.  It could be the sale of a boat, trailer, home, or any number of other personal items.  You could even say that you were considering going to work for the claimant’s old employer and wanted their viewpoint.  If the claimant owns a particularly special automobile or boat, or even a pet, tell him or her that you’re considering buying the same car or boat and someone recommended talking with the claimant about theirs. The majority of the time the response will be a general one of acknowledgement, and you can proceed with the appropriate pretext.

Step four: When talking with these sources, act comfortable, be friendly, and look for a source who is just as talkative.  Combine a number of topics or lead the source to believe the focus of the inquiry is anything other than the claimant.  Use a relaxed, nonchalant tone to imply the subject involving the claimant is relatively unimportant.  Construct your questions to prompt detailed explanations and avoid yes and no responses.  Unless it suits the pretext, don’t carry a pen, clipboard, or notepad.  Retain the details mentally and record them as soon as the interview is concluded.

Larry W. Davis
Private Investigation Program Instructor
Ashworth University

Ashworth Family Law Instructor Shares Experience Working With Child Support And Surrogacy Cases…

Thursday, June 19th, 2008

 
              Thanks to Hulagway for permission to use this Photo.

Various issues arise as the concept of surrogacy comes before the legislatures of the country.  One case that I handled for the Attorney General’s Office dealt with a surrogate mother, and is an example of how crazy surrogacy issues can become.  This lady had been hired to have a baby for a multi-millionaire.  He was not married and seemed to be tiring of his fortunes when he decided that he would like to have an heir.  The surrogate mother gave birth to a healthy little girl and the man accepted the child, made payment, and went on his merry way.  Then two months later, the man had one of his “assistants” drop the baby back off at the surrogate mother’s home with a note stating that he simply could not emotionally handle the responsibilities of being a parent. 

We received the case because the surrogate mother was now going after the biological father for child-support payments.  This was one case where our heads were spinning every time we dealt with it.  The surrogate mother never wanted to have a child of her own and was simply interested in making some money when she agreed to the surrogacy contract.  After receiving the baby back, however, she did not have the heart to give the child up for adoption, and developed an appreciation for motherhood.  The court held that the biological father DID have a duty to support the child and awarded the mother $1700 a week in support, due to the biological father’s extreme wealth. 

That case has definitely been recorded in the storybook of child support and surrogacy, as well.  It is a fun story to tell, while at the same time it illuminates how obscure the issues can become in the area of surrogacy contracts. 

Wendy Webb
Family Law Instructor
Ashworth University School of Legal Studies

Ashworth Student Shares Interesting Connection With Case Featured On Dateline…

Tuesday, June 10th, 2008

     free-barry-beach.jpg
                         Image courtesy of Missoulian.

I’m not a CJ major, but I thought all of you would find this interesting.

I am an advocate for someone that has been wrongfully incarcerated. Dateline actually made a special on his case.

Here’s a link to the MySpace page that I created for him. There are links as you scroll down that will lead you to the Dateline website to view the videos on his story.

I would encourage all of you to view the videos and decide for yourself!

Click here to check out this video.  (the page is flash for those of you with slower computers…)

Melanie
Associate Program in Paralegal Studies Student
Ashworth University School of Legal Studies

Ashworth University Paralegal Instructor Explains The “Elements” Of A Crime…

Wednesday, May 21st, 2008

Most crimes are defined by state statutes and are prosecuted in state courts.  The others are federal crimes, prosecuted only in federal court.  Certain key items that the government must prove to show that a crime occurred are called elements.  For example, generally, a crime has been committed when two elements can be proven.  That is, a crime has been committed when a person both:       

1)  engages in a prohibited act, and       

2)  has criminal intent, or state of mind, that prompted the act.

Suppose that Jimmy Bob really doesn’t like Sammy and thinks constantly about an elaborate plan to run over Sammy with his motor scooter.  However, Jimmy Bob gets grounded, and his father sells his motor scooter.  Jimmy Bob does not forget about his plan; in fact, for months he regrets that he did not carry it out.  Although his negative emotions are strong, Jimmy Bob never acts on his hatred for Sammy.  A year later, Sammy moves to a different town.  Gradually, Jimmy Bob gets over his obsession with Sammy.  Since there was no act, no crime can be proven. 

On the other hand, suppose that Jimmy Bob and Sammy are best friends.  They do everything together and have never even spoken a harsh word to each other.  One day, while driving with extreme caution, Jimmy Bob’s motor scooter goes out of control due to a lodged gas pedal and in a cruel irony, he runs over Sammy, killing him.  Since the accident occurred without any intent, no crime occurred. 

Both the act and the intent must be present for an accused to be charged with a crime.

Karl Freedman, Esq., J.D.
Paralegal Program Instructor
Ashworth University School Of Legal Studies

Ashworth University Student Shares Incredible Firsthand Account Of Baton Rouge Serial Killer’s Visit To His Neighborhood…

Monday, May 12th, 2008

 

The date of January 14th, 2002 will always stick in my mind. It is the day that Derrick Todd Lee killed my next door neighbor, Geralyn DeSoto. She was the sixth victim of the man who came to be known as the Baton Rouge Serial Killer.  

I was sitting in my living room, reading a book that evening when my dog (a yellow lab named Kilo—he flunked out of drug dog training for the state because he refused to sit when he ‘hit’ on drugs) began barking at the window. I looked up from my book and noticed that red and blue flashing lights were reflecting through the window. I put Kilo on his leash and we walked outside to find numerous police cars, a fire truck, and two ambulances in the street. I did not know how I didn’t hear sirens at the time, but I later found that out as I will tell you.  

I walked to my neighbors driveway, and there I asked another neighbor what was wrong. I asked if Darrin and Geralyn were ok. He told me simply “She’s gone.” I knew that the marriage was rocky at best, since Darrin had recently began spending more and more nights away from home. When I asked what he meant, he told me she was dead. Darrin was sitting in his driveway crying, and looking at his hands. I later found out they were covered in his wife’s blood. Everyone, including the police first thought that Darrin had killed her. He was later arrested for the crime. The state police crime lab came for days on end and tore the house apart. Pieces of walls were put on a flat bed truck, with the dried blood visible when the breeze blew the tarp around that was supposed to cover them. Furniture, ceiling, fixtures…taken away piece by piece.

Of course, the crime scene tape went up…and stayed up for the summer. It was as one police officer I spoke to put it “The first and most shocking murder the area has seen in a LONG time.” It’s West Baton Rouge Parish, the smallest parish in Louisiana, and the most we usually see is a death from a DUI. Now my neighbor is brutally murdered in her home?  

As information began to flow, I was sickened. It was released that she had died sometime that afternoon. That meant that when I came home from work about 4:30pm she was already gone. Inside her home, dead…right next door. After her husband was released on bond, each time he came to the house he was escorted by police. That was not fun to see when I can home. 

I had messages from police on my machine, I had notes on my door, I had business cards from detectives and even the FBI. I was working for the state as a Correctional Officer at the time, so I had to report the crime that happened next door. What if the guilty party was sent to the prison where I worked? It was a roller coaster to say the least. 

I talked to the prosecution, I talked to the defense, I talked to the task force and even had to shoo some reporters away from my home.  

Darrin was eventually cleared of the crime, but he moved back to whatever small town he was originally from, and what left of Gerlayn’s trailer was towed away. The area stayed empty for a good while, a blank spot where a lovely and wonderful woman once lived.  

Many months later, as I was watching the nightly news a report threw my life back into turmoil. A photo was shown and the anchor reported that Derrick Todd Lee had been matched by DNA to the murder of numerous women, one of whom was Geralyn. I almost pissed myself. Not because she was the victim of a serial killer……but because I HAD SEEN HIM. I COULD PLACE HIM THERE THE OCTOBER BEFORE. 

That was a sunny and warm October afternoon, and I had put Kilo outside on his tie out to play, and I was preparing to plant some flowers. I had gone inside to change from my uniform to something else, when I heard him go crazy. Thankfully, I had only taken off my shoes, the rest of the uniform was still on. I opened the door, and there was a large slightly out of it looking black man a few feet from my door wearing khaki pants and a blue button down shirt. Kilo was doing everything in his power to get off of that tie out and from the looks of things, kill that black man. This is the dog who thought everyone was his best friend, and I had never even heard him BARK before that day. But here he was looking like a vicious mad dog. The black man told me he was selling alarm systems, and was I interested. I pointed at the dog and told him “That is my alarm system. I think you should leave now.” And thankfully, he did. I didn’t realize it at the time, by why would someone selling alarm systems be going door to door, on foot, with no briefcase, folder, or other paperwork????  

The night I saw the news report, I realized that Derrick Todd Lee stood on my front yard. He came close to knocking on my door. Could it have been me???? 

I dug up the pile of old business cards and called the FBI office in Baton Rouge, and as calmly as I could, informed them that I live next door to where Geralyn was killed, I just saw the report about Derrick Todd Lee’s DNA match……..and he was here last October. The next day, the FBI was back. I had to look at photos, go through the deposition process……and was subpoenaed to testify at the trial.  

Through the whole process I learned that Lee most likely had stalked Geralyn from LSU, where she was taking a few classes the fall before. He had been allegedly working at plant not far away, and as of about 1pm the afternoon she died, he was at a fast food place down the highway. I think that Geralyn being the nice person she is, most likely opened the door and let him in. She would have been one of few people home that day, she was neither working nor going to school at the time. But she and I lived toward the back of the street…..so once again….why her? 

I watched with the rest of the State as the verdict came back guilty, after less than 2 hours of deliberation. I cheered when the Warden of Angola (the State Maximum Security Prison) was on hand to take custody of Lee after the proceedings were over.  

Kilo died that winter. I was home early and sick, and when I took him out for a walk….something caught his attention and I was not strong enough to hold on to the leash. He got loose and was hit by an 18 wheeler on the river road. I buried him that afternoon where he lay in the ditch. To this day, I credit him with possibly saving my life. What did he know about what took place on January 14th, 2002???? 

Why write this now? I have finally gotten a new dog, another yellow lab. I hope she never has to protect me. But it brings back memories of the dog who KNEW without a doubt, that the man in the blue shirt was EVIL. 

Derrick Todd Lee sits in a cell on death row, awaiting his execution. I have included a link to a great site about him and the case. 

http://www.crimelibrary.com/serial_killers/predators/derrick_todd_lee/index.html

Jamye
Associate Program in Paralegal Studies Student
Ashworth University

The Innocence Project Profiles The Story Of A Wrongfully Convicted Man In This Video…

Tuesday, May 6th, 2008

When it comes to fighting what are alleged to be court sanctioned injustices carried out through wrongful convictions, The Innocence Project is without question the most influential, well organized, and successful criminal defense organization in the world.  The majority of cases they take on involve crimes where DNA testing has put into question and sometimes completely invalidated the evidence used to convict someone of a violent crime.  In many cases, they defend those who are facing serious hard time, often life imprisonment, and who don’t have the financial resources to even get their voices heard by the court. I must also stress that this group is not without its’ detractors.  As you can imagine, many of the victims’ families are convinced that these men are guilty as charged.  Even in the face of new DNA evidence that was not available at the time of the trial, some family members still and perhaps will always remain unconvinced. 

From my perspective, one has to review these cases on a case by case basis—and refrain from generalizing about what this organization’s true contributions are to criminal justice and/or injustice.  In this video, you’ll hear the story of Ronald Clarke, a man who spent 24 years in prison on a robbery, kidnapping, and rape conviction.  Mr. Clarke was later exonerated due to The Innocence Project’s tireless work to have his conviction overturned on the basis of DNA evidence.  It’s a touching story.  We look forward to hearing your comments on the blog.  Take care…

Ryan Rode
Ashworth University School of Legal Studies