Search warrants in Chelsea King case remain sealed
April 22, 2010 at 9:40 a.m., updated April 22, 2010 at 12:33 p.
<snipped>
Four search warrants filed in connection with the slaying of Poway teenager Chelsea King will remain sealed, at least for now, a judge ruled Thursday morning.
Judge Peter Deddeh will decide Monday whether redacted versions of the warrants can be released. The redactions have been proposed by the District Attorney’s Office. The nature of the information to be redacted was not revealed.
Deddeh denied requests from The San Diego Union-Tribune and other media organizations during a hearing in El Cajon Superior Court on whether the documents should be unsealed. The warrants have been under court seal since they were filed March 9.
The seal is separate from a gag order in the case, which will be discussed during a hearing in downtown San Diego Thursday afternoon. Brent and Kelly King, Chelsea’s parents, have hired attorneys in hopes of expanding the gag order, prohibiting the release of any photographs, reports, documents, information or opinion regarding Chelsea.
Download: Request of media for an immediate hearing and public access (doc)
http://media.signonsandiego.com/news/documents/2010/04/22/2010warrantrequest.DOC
Article:
http://www.signonsandiego.com/news/2010/apr/22/search-warrants-in-chelsea-king-case-wont-be/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Remember Cara, Chelsea, Amber
April 22, 2010 at 12:02 a.m.
<snipped>
In 25 years, when many of us are gone — and others have grown up — how should North County remember Chelsea and Amber? Consider the only victim I can remember who rivals Chelsea and Amber for the effect her murder had on the region’s collective psyche. Fourteen years ago, nearly 10 years after CHP Officer Craig Peyer stopped her on Interstate 15, lured her to a dark frontage road, strangled her and threw her body off the old Highway 395 bridge, Cara Knott was awarded her own bridge, a symbol of the past’s link to the future.
Forget Cara, whose Portuguese name means “precious”? How could we? In a given year, millions of motorists on I-15 speed across the Cara Knott Memorial Bridge on the border of Sabre Springs and Scripps Ranch. Down below, far from the madding commute, in the eastern reach of Los Peñasquitos Canyon Preserve, is the San Diego Crime Victims Oak Garden (originally dedicated in 1996 as the Cara Knott Memorial Oak Garden) where the world slows to a reflective sigh.
It took a decade to name the bridge after Cara, to dedicate the park to the aspiring elementary schoolteacher’s memory. Why did it take so long? Well, several reasons. Two tense trials, for one. The first ended in a deadlocked jury. It took Paul Pfingst, a brash, young deputy district attorney, to win a 25-year-to-life conviction. Muddying matters was the Knott family’s explosive civil suit against the CHP. A jury awarded the Knott family $7.5 million, which the CHP appealed. (Shortly after the garden was dedicated, the Knotts agreed to a $2.7 million settlement.)
Meanwhile, Sam Knott, Cara’s father, was on a lifelong crusade to promote laws protecting innocents from rogue officers like Peyer. As a 1996 San Diego Union-Tribune story put it, “Before there was a Fred Goldman or a Marc Klaas, there was Sam Knott.” What’s more, legislation had to be passed in Sacramento to name the I-15 bridge after Cara. San Diego Councilwoman Barbara Warden and San Diego police officers worked for more than two years to iron out a land swap for the oak garden.
*More at link!
Article:
http://www.signonsandiego.com/news/2010/apr/22/remember-cara-chelsea-amber/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Judge Lifts Gardner Case Gag Order
Updated 5:55 PM PDT, Thu, Apr 22, 2010
<snipped>
The double-murder case involving Chelsea King and Amber Dubois took another dramatic twist on Thursday.
San Diego County Superior Court Judge David Danielson set aside a gag order that has, with one notable exception, muzzled law enforcement agencies in connection with the case. He also refused the family's request to prohibit any public agency from distributing any photos or reports about Chelsea's death.
In court for the hearing Thursday were Maurice "Moe" Dubois and Brent and Kelly King. Gardner, who admitted in court last week that he murdered and raped two teens, was not at the hearing but was defended by his attorneys.
In fact, there were six attorneys in the downtown court. Danielson said he had reservations about continuing the protective order and efforts by the families to seal the documents. In an unusual turn of events, the King family supported the defense's efforts to keep the documents involved in the case sealed.
Danielson also said on Thursday that while he felt for the teens' parents very much and would like to help them, he had concerns about what he could legally do. He told the court that he was unable to find anything in case law that addressed the issue but added that statutes do prohibit some of the information from being released. In the end, he did not authorize the release of any information, arguing that common decency would stop the release and that it was up to the responsible law enforcement agencies to determine whether to release any documents related to the case.
*Much more at link!
Video: DA Discusses Gardner Case
http://www.nbcsandiego.com/news/local-beat/DA_Discusses_Gardner_Case_San_Diego.html
Raw Video: Deputy DA Discusses Gardner Court Hearing
http://www.nbcsandiego.com/station/...iscusses_Gardner_Court_Hearing_San_Diego.html
Article:
http://www.nbcsandiego.com/news/local-beat/Judge-Lifts-Gardner-Case-Gag-Order-91854984.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Gag order lifted in Gardner murder case
April 22, 2010 at 1:27 p.m., updated April 22, 2010 at 5:04 p.m.
<snipped>
Calling it overly broad and unconstitutional, a Superior Court judge denied a request Thursday from the family of Chelsea King to bar officials from talking or releasing information about the case against John Albert Gardner III.
Yet details of how Gardner was tied to the murder of 17-year-old Chelsea and how he abducted another murder victim — 14-year-old Amber Dubois of Escondido — may remain unanswered until after Gardner’s June 1 sentencing, if not longer.
Deputy District Attorney Kristen Spieler said outside the courtroom that her office would honor a request from both families to keep silent about the case — and ask other law enforcement officials to do the same.
Moments after San Diego Judge David Danielsen lifted the gag order Thursday, San Diego County Sheriff’s Department spokesman Jan Caldwell said Sheriff Bill Gore would stay silent about the case. “At the request of the district attorney, we are not going to be making any comment until after sentencing,” Caldwell said. “For the integrity of the case, we’re just not going to be making any statement.”
Gardner’s attorneys declined comment after the hour-long hearing.
Danielsen heard from lawyers for both Gardner and the King family that the gag order should be extended. Instead he lifted it, saying it “unnecessarily chills the freedom of the press.”
*More at link!
Article:
http://www.signonsandiego.com/news/2010/apr/22/gag-order-gardner-case-stays-place-now/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Judge lifts gag order in Chelsea King, Amber Dubois murder cases
Thursday, April 22, 2010
<snipped>
In addition to lifting the gag order that had been in place, San Diego Superior Court Judge David Danielsen rejected a request by Chelsea’s parents for a new order blocking the media from making public photos and information contained in court documents about the killings.
Danielsen had discussed the issue privately with attorneys for Chelsea’s parents on Tuesday. The Kings said they wanted the protective order to honor the memory of their daughter and give the community time to heal.
Today, an attorney hired by the King family, Pat Swan, argued unsuccessfully that a narrowly-worded protective order should be issued “to protect the privacy of the King family.”
The King family wanted the judge to bar the release of crime scene photos, sexual assault reports and photos and autopsy reports and photos from the medical examiner’s office.
Swan said Marsy’s Law — the California Victims’ Bill of Rights passed in 2008 — protects the privacy of crime victims. The attorney filed a declaration by Brent King detailing how his daughter’s death has devastated his family.
“This has been particularly devastating to my son Tyler,” he wrote. “Before Chelsea’s death, he was a happy 13-year-old attending middle school. He rarely missed a day of school. He enjoyed school and his friends. He now has difficulty going to school, and is basically attending school part-time.
“Chelsea’s death and all the details that have leaked out to date have truly traumatized Tyler,” his father wrote. “I cannot imagine the trauma and horror that my son will experience if any crime scene photographs of my daughter are released, or details of the forensic examination of her become public. He has already experienced a level of pain that is hard to imagine.”
*More at link!
Article:
http://www.sdnn.com/sandiego/2010-0...der-in-chelsea-king-amber-dubois-murder-cases
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Gardner Case Becomes Marsy's Law Test Case
Updated 5:56 PM PDT, Thu, Apr 22, 2010
<snipped>
The lawyers and judge involved in the Gardner case agree that it involves the first court test of Marsy's Law -- the so-called Victims' Bill of Rights passed by California voters in the November 2008 election. On Thursday, it appeared that the test case was trumped by the First Amendment right of a free press. It's not clear whether the ruling will be appealed.
Danielson didn't -- and can't -- order the case files unsealed, so the decision to release the documents rests with the agencies involved in the investigation. For her part, District Attorney Bonnie Dumanis has requested they follow her lead in maintaining the secrecy of the documents, regardless of media vows to treat the information with sensitivity in the event it is released.
"I think it's important to keep in mind that what you and I might think to be salacious, horrific, is perhaps completely different to what the families of the victims might feel," Deputy District Attorney Kristin Spieler said after Danielson lifted the gag order, "and perhaps something as insignificant -- a minor fact -- that no one would think would have an effect would have a tremendous fact on the families involved."
The phrase "common decency" echoed in this case. Attorneys for the victims' families had no comment after the judge's ruling as to whether they would take the "privacy and dignity" issue up on appeal.
NBCSanDiego has no interest in revealing any details about how Chelsea King or Amber Duboid died or showing any photos of their death. It will be consulting with its attorneys on how best to approach further inquiries with the authorities and what use to make of any material it eventually may receive.
Article:
http://www.nbcsandiego.com/news/local-beat/Garnder-Case-Becomes-Marsys-Law-Test-Case-91868074.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Police debut digital tool for crime alerts
Public gets update within few hours
April 22, 2010 at 6:03 p.m., updated April 23, 2010 at 1:20 p.
<snipped>
The San Diego Police Department has launched a new digital tool to alert the public to crime as it happens, officials announced Thursday.
Residents can now sign up for e-mail and text-message alerts on significant incidents in the city through Nixle, a Web-based notification system. The program is free for government agencies and is already being used by Crime Stoppers, police in Chula Vista and Escondido and the county Sheriff’s Department.
The new system comes after the public complained that the Police Department did not do enough to warn residents about an attack on a jogger, Candice Moncayo, near Lake Hodges on Dec. 27.
Her assailant, John Albert Gardner III, raped and murdered Chelsea King, 17, of Poway two months later in the same area. Gardner pleaded guilty to both attacks last week, as well as to the rape and murder of Amber Dubois, 14, of Escondido.
The Police Department has been using Nixle for about a week. Some of the alerts sent to subscribers so far included information on an ATM theft, an armed robbery, a bank robbery and a major-injury accident.
Long said he hopes subscribers will also be able to provide valuable feedback to police on crime in their neighborhoods. In the future, police plan to link the alerts to the Twitter microblogging service.
ALERT ME
To sign up for e-mail or text-message alerts from the San Diego Police Department:
•Go to nixle.com and click “Residents Sign up Now.”
•Create a user account.
•Go to “Settings” and check the agencies you want to hear from and types of alerts. You can also search for other agencies that don’t serve your immediate area.
•Typical alerts include robberies, assaults, fatal crashes, shootings, pursuits, crime sprees and road closures.
Article:
http://www.signonsandiego.com/news/2010/apr/22/police-launch-digital-crime-alert-tool/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Father of slain teen urges restraint on details
April 22, 2010 at 8:22 p.m.
<snipped>
For the sake of their younger siblings, details on the murders of teenagers Amber Dubois and Chelsea King should never come out, Moe Dubois said shortly after a judge lifted a gag order in the cases Thursday.
His biggest fear about releasing the information is “the effect it has on Tyler and Allison,” Dubois said during a press conference held after San Diego Superior Court Judge David Danielsen lifted the order preventing law enforcement agencies from releasing information about John Albert Gardner III.
Dubois said Amber’s sister Allison, 6, and Chelsea’s brother Tyler, 13, have “suffered more than anyone” and deserved to be shielded from the brutal details in the murders that rocked the county and gained national attention. “We’re talking about two minors here and to protect their dignity is very important,” he said.
Dubois said he and Amber’s mother, Carrie McGonigle, were frustrated by Danielsen’s ruling. McGonigle was not at the press conference. “We feel that Marsy’s Law is there to protect victims and their families and it should have applied here,” Dubois said.
Dubois said he will attend Gardner’s June 1 sentencing and would make a statement. If Gardner offers an apology, Dubois said he won’t accept it. “I wouldn’t even acknowledge the words,” he said. “There’s no apology. How can you apologize for ruining a family’s lives?”
Article:
http://www.signonsandiego.com/news/2010/apr/22/father-of-slain-teen-urges-restraint-on-details/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Judge Denies King/Dubois Family Request
Last Update: 4/23 9:00 am
<snipped>
Concerned about graphic images and content related to the murders of their daughters, the King and Dubois families asked a superior court judge to extend a media gag order.
Superior Court judge David Danielsen says, "the request for protected order is denied." Deliberate and delicate. Judge Danielsen denied a request from the King and Dubois families to keep sensitive and possibly graphic information about their daughter's murders from being released to the media. Danielsen said, "the advocates for the Dubois family and the King family over read the authorization of Marsy's law."
Deputy District Attorney Kristen Speiler said, "the people fully support the constitutional rights of the victims in this case." She continued, "based upon their request the district attorney is going to honor their wishes and not speak about this case publicly and in addition we have requested that the law enforcement agencies also honor their request."
John Gardner will be sentenced June 1st for the murders of Chelsea King and Amber Dubois.
Video: Murder Cases Details 4/23/10 2:49
The parents of two teen murder victims fear graphic details or photos from the investigation could be made public.
http://www.sandiego6.com/mediacenter/local.aspx?videoId=775273@xetv.web.entriq.net&navCatId=5
Article:
http://www.sandiego6.com/news/local...is-Family-Request/T56LzHjgbkiHDi0btFhhdw.cspx
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
REGION: Judge lifts John Gardner gag order, but agencies still mum
Judge cites scrutiny of "free and vigorous press" in need for open records
April 22, 2010 12:38 pm
<snipped>
A judge lifted a gag order Thursday in the case against admitted killer John Albert Gardner III, technically freeing up attorneys and agencies to speak with news reporters and release documents about Gardner ---- if they want to.
But apparently nobody wants to.
News organizations, including the North County Times, fought efforts to gag attorneys and seal evidence, citing free speech rights and laws aimed at broad access to public records. Danielsen found that, in light of Gardner's guilty plea, there was no reason to keep the gag order in place. He also unsealed transcripts of a closed-door hearing held April 14, two days before Gardner's guilty plea. Those transcripts are expected to be available Friday.
Danielsen rejected the request of the victims' families to seal crime scene photos and autopsy reports ---- potentially lurid and graphic pieces of evidence. Even though the documents are not sealed, prosecutors and law enforcement can deem reports and evidence as part of an ongoing investigation ---- making the items exempt from laws that require public disclosure.
After Thursday's ruling, the San Diego County Sheriff's Department and the county medical examiner's office both declined to release documents related to the Gardner matter. In asking for certain photos and reports to be sealed, the families cited Marsy's Law, a voter-approved 2008 amendment to the California Constitution that delineates the rights of victims, including the general right "to be treated with fairness and respect for his or her privacy and dignity."
Earlier Thursday, news organizations asked a different judge to unseal search warrant documents related to Gardner's case. Superior Court Judge Peter Deddeh signed the search warrants, so the request to unseal those specific documents starts with him. Deddeh said he would hear more arguments about the matter Monday morning. And he also agreed to take a look at the releasing the documents with redactions ---- a suggestion made by prosecutor Spieler.
*Much mkore at liink!
Article:
http://www.nctimes.com/news/local/sdcounty/article_f978a6bc-7b06-5b5e-b77c-d44377ab942c.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Sexual Predator Legislation Introduced By Local Lawmakers
Friday, April 23 2010
<snipped>
Three pieces of legislation dealing with sexual predators were introduced within the last week in Sacramento. The first, Senate Bill 1204, was authored by Sen. George Runner. SB1204 would require sex offenders to register online addresses with state law enforcement.
Failure to do so would earn them a penalty of six months in jail. The measure passed the Senate Public Safety Committee and moves to the Senate Appropriations Committee for further consideration. "We know where they live and now we will know what web pages, instant messaging names and email addresses they control," Runner said. "The Internet has become a virtual playground to predators. It makes sense to force convicted sex offenders to share their online addresses with law enforcement."
Besides registering online addresses, one of the objectives of SB 1204 is to prevent sex offenders from joining Facebook, MySpace and other social networking websites. While on parole, sex offenders can be prohibited from accessing social networking sites. Once parole is completed, however, a sex offender is free to join such sites.
By requiring sex offenders to register their online addresses, SB 1204 not only creates a database for law enforcement but creates a tool, which can be used to remove sexual predators from social networking sites.
While the law cannot directly prohibit sex offenders who are no longer on parole from joining, Runner hopes that online address information collected under SB 1204 may be used to permit social networking sites like Facebook and MySpace to voluntarily purge registered sex offenders from the sites.
Chelsea's Law now goes to the Assembly Appropriations Committee for consideration.
*More at link!
Article:
http://hometownstation.com/index.ph...010-04-23-15-06&catid=26:local-news&Itemid=97
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Gardner gag order is lifted, but no one is talking
Posted: Apr 23, 2010 8:42 PM EDT
Updated: Apr 24, 2010 1:10 PM EDT
<snipped>
The gag order in the John Gardner trial has been lifted, but documents about the murder of Chelsea King and Amber Dubois remain sealed. That's because there's a question about whether the public's right to know outweighs the victims' right to privacy.
News 8 has learned four out of 10 search warrants could be released on Monday, but autopsy reports are routinely sealed until sentencing. And even then, there could be another big legal challenge over releasing it.
Judge David Danielson couldn't order the case files unsealed, so the decision to release records must come from the sheriff's department, Escondido police and the medical examiner's office.
News 8 has submitted records requests with each agency, but so far no one is talking and nothing is being released. "The amount of information that would be available would be massive," Nimmo said. "Toxicology reports could be instructive if there's some hint that these ladies were drugged in some way."
Nimmo says these documents could provide valuable insight into John Gardner's method of operation, and specifically how he was able to abduct both teens. "Each of these incidents that have happened and thousands of other ones are all very instructive on how you should construct yourself to avoid harm," Nimmo said.
Video: Gardner gag order is lifted, but no one is talking 2:54
http://www.760kfmb.com/global/video...ormat=flv&clipId1=4729363&at1=News&h1=Gardner gag order is lifted, but no one is talking&flvUri=&partnerclipid=
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Article:
http://www.760kfmb.com/Global/story.asp?S=12366859
San Diego judge won't keep seal on Gardner murder cases
Posted: Apr 22, 2010 1:06 PM EDT
Updated: Apr 22, 2010 8:34 PM EDT
<snipped>
A judge has denied a request by the families of two murdered girls to ban the release of information on the investigations of those crimes.
The Kings released a statement Thursday saying, "This action has become necessary in response by some media outlets to obtain the release of all records related to Chelsea's death, which runs counter to the King's family's wishes to honor their daughter's memory, and to allow the community to heal."
Video: Gag order lifted in John Gardner case 2:08
http://www.760kfmb.com/global/video...lipFormat=flv&clipId1=4728255&at1=News&h1=Gag order lifted in John Gardner case&flvUri=&partnerclipid=
Video: San Diego judge won't keep seal on Gardner murder cases 2:16
http://www.760kfmb.com/global/video...lipFormat=flv&clipId1=4726024&at1=News&h1=San Diego judge won't keep seal on Gardner murder cases&flvUri=&partnerclipid=
Video: Chelsea's parents want autopsy details kept private 0:28
http://www.760kfmb.com/global/video...mat=flv&clipId1=4719458&at1=News&h1=Chelsea's parents want autopsy details kept private&flvUri=&partnerclipid=
Article:
http://www.760kfmb.com/Global/story.asp?S=12357103
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
REGION: Slain girl's mom asks: Why Amber?
Carrie McGonigle has questions for her daughter's admitted killer
April 24, 2010 8:03 pm
<snipped>
Why Amber?
Her mother wants to know.
If Carrie McGonigle could talk to the man who admitted he abducted, raped and killed her daughter on Feb. 13, 2009, that would be her first question.
Why, John Albert Gardner III, did you choose Amber Dubois?
More questions would follow.
Were you watching my 14-year-old daughter? For how long? Just that drizzly Friday morning? Or had you spotted her, fixated on her, before the day you took her?
Did you make contact with Amber in the days or weeks before you did what you did to her? Talk to her or nod hello as she made her way down the street as she usually did at 7 a.m., as she walked to Escondido High School?
What did you say to my daughter, John Gardner?
And how did you get her into your vehicle? Trick her? Threaten her? Grab her and throw her in?
What did you do with her backpack, her cell phone? Was that you who called it long enough to check voicemail the day after you killed her?
Why, as you stood handcuffed and shackled in front of a judge to plead guilty, why did you look right at me for a few long seconds? How did you know who I was?
Waiting for details
In her first at-length interview since Gardner's guilty plea on April 16, Amber's mother said last week she doesn't think he has given those sorts of details to authorities. She hopes he will.
A year of searching
Gardner's crime touched off a cruel year for McGonigle. She believed deeply that her daughter was alive and waiting to be rescued. Over the next year, McGonigle searched often and slept little. From prowling the Internet to peering with a flashlight into darkened cars, the blue-eyed woman with long auburn hair looked for clues.
The media comes into play
Amber's parents said authorities told them Gardner revealed Amber's gravesite based on something the slain girl's father said at a press conference an hour after prosecutors charged Gardner with Chelsea's rape and murder.
Moe Dubois said he doesn't know what he said to trigger the confession, or how Gardner saw footage of his statements. Nor does McGonigle.
At last, peace
Amber's mother said she has a sense of peace now. She is grieving, of course, but gone is the anxiety that plagued her when she spent her days convinced that Amber was waiting for rescue.
*Much more at link!
Article:
http://www.nctimes.com/news/local/sdcounty/article_d88cb456-2128-55e9-b4f4-c4bc7f06aa50.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
State's death penalty: a hollow promise?
‘The death penalty in California doesn’t really exist,’ one victim’s father says of a system that has been declared dysfunctional by a state commission
Sunday, April 25, 2010 at 12:04 a.m
<snipped>
In the three decades since the death penalty was reinstated, 86 condemned inmates have died in California.
Thirteen were executions.
Death-row prisoners are far more likely to succumb to natural causes. That’s what claimed 50 of them. Suicide is more common, too.
There’s disagreement about whether it’s good or bad that so few have been executed. Death-penalty advocates say it’s “justice delayed, justice denied,” especially when victims’ relatives die before the killers. Opponents say delays leave time for evidence to be found to exonerate the innocent. Still, almost no one disputes the conclusion of a state commission two years ago that capital punishment in California is “dysfunctional” — costly, inefficient, deadlocked.
“A hollow promise” is what San Diego County District Attorney Bonnie Dumanis called it when she explained why she agreed to a recent deal allowing John Albert Gardner III to plead guilty to killing North County teens Amber Dubois and Chelsea King in exchange for escaping the death penalty. Amber’s father, Moe Dubois, said the clogged execution pipeline is why he’s satisfied with Gardner receiving a life sentence without parole instead of lethal injection.
The first state-conducted execution in California was in 1893, and for the next seven decades, there was at least one a year — and as many as 17. In the 32 years leading up to the state Supreme Court declaring the death penalty unconstitutional in 1972, there were 187 executions.
In the 32 years since the state reinstituted the death penalty: 13. And never more than two in any year.
The last was Clarence Ray Allen. He was convicted of ordering the murders of three people in Fresno and received his death sentence in 1982, but wasn’t executed until January 2006. On one of his last appeals, Allen, then 76, argued that his long stay on death row amounted to “cruel and unusual punishment” in violation of the Eighth Amendment.
That wasn’t a new argument. When the state Supreme Court outlawed executions in 1972, it lamented the “cruel and unusual” nature of forcing inmates to wait so long to be executed.
The average wait then? About eight years.
*Much more at link!
The execution chamber and lethal-injection table at San Quentin State Prison. 1996 file photo
Male inmates awaiting execution in California are housed at San Quentin State Prison, where Capt. K.J. Williams once ran death row.
Article:
http://www.signonsandiego.com/news/2010/apr/25/hollow-promise/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
John Gardner issues apology to families of victims
Posted: Apr 26, 2010 12:33 AM EDT
Updated: Apr 26, 2010 9:37 AM EDT
<snipped>
Gardner's first public statement since the murders was given to News 8 by a source who asked not to be identified by name. The statement also includes important new information in the case.
The statement reads:
"I'm sorry. I wish I could take it back. I know that it doesn't mean anything to anybody but I really am sorry for everything. I wish that I was able to get help when I tried to get help. I tried to seek out help and was not able to get any."
The source also tells News 8, days before the murder of Poway teenager Chelsea King, Gardner tried to admit himself into a mental hospital but was denied. News 8 has been unable to confirm whether Gardner actually tried to enter a mental hospital. He was a registered sex offender in Riverside County at the time.
Chelsea's parents, Brent and Kelly King, declined through a spokesperson to comment on Gardner's apology.
On his attorney's advice, the father of Gardner's other victim, 14-year-old Amber Dubois, also declined to respond. Amber's mother did offer a short response. "To me it's just words. There's no meaning behind it," said Carrie McGonigle. "It doesn't bring Chelsea or Amber home or back to us."
Video: Gardner apologizes to Amber and Chelsea's families 2:27
http://www.760kfmb.com/global/video...ormat=flv&clipId1=4734739&at1=News&h1=Gardner apologizes to Amber and Chelsea's families&flvUri=&partnerclipid=
Video: John Gardner issues apology to families of his victims 1:50
http://www.760kfmb.com/global/video...ipFormat=flv&clipId1=4733551&at1=News&h1=John Gardner issues apology to families of his victims&flvUri=&partnerclipid=
Video: Gardner apologizes ahead of hearing to release search warrants 2:22
http://www.760kfmb.com/global/video...ormat=flv&clipId1=4732829&at1=News&h1=Gardner apologizes ahead of hearing to release search warrants&flvUri=&partnerclipid=
Article:
http://www.760kfmb.com/Global/story.asp?S=12373080
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Reports Reveal John Gardner's Apology
POSTED: 9:49 pm PDT April 25, 2010
UPDATED: 4:37 am PDT April 26, 2010
<snipped>
Published reports reveal John Gardner's own words apologizing for what he did. "I'm sorry. I wish I could take it back. I know that it doesn't mean anything to anybody, but I really am sorry for everything. I wish that I was able to get help when I tried to get help. I tried to seek out help and was not able to get any."
According to the report, Carrie McGonigle, mother of murdered teen Amber Dubois, responded by saying, "Those are just words. Words are cheap. They don't bring Amber and Chelsea back."
Psychiatrist Michael Mantell works with the San Diego Police Department and said the apology is not genuine. "The fact is, he's blaming the fact he didn't get help, and I don't think that's necessarily remorse."
Dr. Mantell also said that it is clear Gardner is still too self-absorbed to see the true impact of his actions. Dr. Mantell pointed out that Gardner did not mention his victims in the apology. "I'm sure life in prison causes him to think about what's happening and to say 'gee I wish I would have gotten help.' it's not the same as real remorse for what he did to these human beings."
Video: Prison Official: Gardner May Be At Risk In Prison
http://www.10news.com/video/23202182/index.html
Video: Gardner Could Face More Charges With New Info
http://www.10news.com/video/23201934/index.html
Article:
http://www.10news.com/news/23262393/detail.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
'I Just Want to Know'
Updated 8:46 AM PDT, Mon, Apr 26, 2010
<snipped>
McGonigle laid out several questions for her daughter's murderer. Among others: Why did he choose Amber? Did he have previous contact with her? How did he get Amber into his vehicle?
McGonigle also told the paper that she and her ex-husband, Maurice "Moe" Dubois, still don't understand exactly why Gardner led police to the site of their daughter's body. District Attorney Bonnie Dumanis said, after Gardner's plea deal was announced, that the killer had been moved by a statement Dubois made after Chelsea's death. "Why then?" McGonigle told the paper. "He had to have seen us on TV pleading and begging for information all year. Why when he was in jail did he suddenly have a guilty conscious? Was it just that he was sober because he was incarcerated?"
They are questions that, for now, go unanswered.
McGonigle said she plans to play a video of Amber at Gardner's sentencing in June. Under the terms of the plea deal, Gardner would receive a sentence of life in prison without the possibility of parole.
Article:
http://www.nbcsandiego.com/news/local-beat/I-Just-Want-to-Know-92097009.html
*More new video's, document's & update's will be added asap! :wink:
:angel: