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Angel Who Cares · Apr 17, 2010

State board recommends parole changes
Draft report suggests not passing laws based on “what feels good at the time”
Thursday, April 8, 2010 at 10:14 a.m.
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A state advisory panel on Thursday issued preliminary recommendations to reform the state’s parole system and took a swipe at politicians for making decisions based on “what feels good at the time” instead of basing laws on sound policy.

The report, which is expected to be finalized and sent to Gov. Arnold Schwarzenegger by May 1, centers on proposing reforms based on shortcomings in how the state handled the parole of John Albert Gardner III.

The Sex Offenders Management Board, appointed by the governor and legislative leaders, was scheduled to meet through the day Thursday and then convene again April 15 for more analysis.

In its preliminary report, the board makes the following recommendations:
• Bar child sex predators from entering specified safe zones, such as parks. Assemblyman Nathan Fletcher, R-San Diego, is expected to proposed that legislation Monday as part of his “Chelsea’s Law” package.

• Mandate treatment for sex offenders on parole or probation that includes an assessment of likelihood to repeat the crime.

• Update which parole violations should automatically be referred to the Board of Parole Hearings for potential revocation. A few of Gardner’s alleged parole violations may have been sufficient to have him sent back to prison.

• Require that mentally disordered offenders be committed when two evaluators agree that the person should be kept off the streets.

• Take advantage of evidence-based research to support policies rather than making decisions “for political reasons or what feels good at the time.”

PDF DOCUMENT: Sex Offender Management Board draft report
http://media.signonsandiego.com/news/documents/2010/04/08/SOMBdraft.pdf

Article:
http://www.signonsandiego.com/news/2010/apr/08/state-board-recommends-parole-changes/

Angel Who Cares · Apr 17, 2010

Sex-offender laws must be revised, panel says
Thursday, April 8, 2010 at 9:29 p.m.
<snipped>
California should rewrite its sex-offender laws so that more criminals could be sent to mental hospitals and fewer would loiter near parks and schools, according to a draft report from a state panel advising the governor. The document, released Thursday morning and debated over seven hours, also suggested that sex offenders’ parole notes and records be retained for 75 years — not one, as the state had been doing until recently.

Changes to state law about the diagnosis of mentally disordered offenders in particular “might have helped prevent the murder of Chelsea King,” the report says. “The statute should be amended to provide for commitment, not release, when evaluators split two to two over commitment,” it says.

The report ends with harsh criticism for an assortment of sex-offender laws that have come to pass in California. “Many decisions seem to have been made for political reasons or what feels good at the time,” it says. “As a result, money and time have been wasted on policies and programs that do not make our communities safer, but are politically popular.”

Board member Robert Coombs said Neeley will revise the report based on the board input that came during a lively discussion yesterday. The board meets again April 15 and expects to issue a final report by May 1. The volunteer group is made up of experts from state government, law enforcement, the legal system, probation, parole and mental health, plus victims’ advocates.

Partly because of its makeup, the board is cautious about judging Gardner’s guilt or innocence and is focused on improving sex-offender policy overall, Coombs said. “My hope is that we’ll be able to use this report and this time to really home in on a few places where we can do even better,” he said.

PDF Document: Draft report of the Sex Offender Management Board regarding the case of John Albert Gardner III
http://media.signonsandiego.com/news/documents/2010/04/08/SOMBdraft.pdf

DRAFT RECOMMENDATIONS
• Bar child sex predators from entering specified safe zones, such as parks. Assemblyman Nathan Fletcher, R-San Diego, is also expected to propose this in legislation Monday as part of his Chelsea’s Law package.
• Mandate treatment for sex offenders on parole or probation that includes an assessment of their likelihood to repeat the crime.
• Update which parole violations should automatically be referred to the Board of Parole Hearings for potential revocation. Gardner’s apparent parole violations may have been sufficient to send him back to prison.
• Require that mentally disordered offenders be committed when two evaluators agree that the person should be kept off the streets, even if two others disagree.
• Take advantage of evidence-based research to support policies rather than making decisions “for political reasons or what feels good at the time.”

Article:
http://www.signonsandiego.com/news/2010/apr/08/sex-offender-laws-must-be-revised-panel-says/

Angel Who Cares · Apr 17, 2010

Supervisors tentatively approve system to alert residents on whereabouts of convicted sex offenders
Friday, April 9th, 2010.
<snipped>
Riverside County supervisors Tuesday tentatively approved a system to alert county residents via email or postcard of the whereabouts of convicted sex offenders.

The Sexual Predator Identification in Riverside County Via Internet Tracking – or SPIRIT – program is expected to be implemented by year’s end.

Supervisor Jeff Stone proposed the program as a means to ensure"the public knows when sexual deviants move into their neighborhood."

"Riverside County is going to be known as the county where deviants had better be on their best behavior,"the supervisor said.

Under SPIRIT, the District Attorney’s Office, using information from the county’s Sexual Assault Felony Enforcement team, a multi-agency law enforcement unit that ensures convicted sex offenders are abiding by the terms of their parole, will maintain an online map showing where the ex-cons are living.

"Sexual predators are the type to lurk in the shadows, away from prying eyes,"said District Attorney Rod Pacheco."Anything we can do to expose them before they can hurt another person, we must do."Stone said the recent murders of San Diego County teenagers Chelsea King and Amber Dubois underscore the need for an enhanced tracking system. Convicted sex offender John Albert Gardner III is accused of killing King.

"We need to do everything possible to protect our children from the actions of the many sexual registrants in our state,"Stone said.

Article:
http://www.myvalleynews.com/story/46936/

Angel Who Cares · Apr 17, 2010

San Diego Impact Walk for Chelsea's Law
Apr 12, 2010 at 8:39 AM PDT
<snipped>
The push for Chelsea's Law received help Sunday from some very devoted women and residents of San Diego.

This walk was measured at five-and-a-half miles. The trail was throughout Poway, where Chelsea King lived. Amber Dubois was also honored by the participants.

The legislation is being pushed forward in Sacramento this week by local State Assemblyman Nathan Fletcher.

Video: San Diego Impact Walk for Chelsea's Law 2:39
The push for Chelsea's Law received help Sunday from some very devoted women and residents of San Diego.
http://www.kusi.com/news/local/90591984.html?video=YHI&t=a

Article:
http://www.kusi.com/news/local/90591984.html

Angel Who Cares · Apr 17, 2010

Mount Everest pulls Costa Mesa climber back
Published: April 13, 2010
Updated: 1:41 p.m.
<snipped>
Mount Everest has pulled Bill Burke back for another adventure.

This time, the Costa Mesa resident and oldest American to summit the mountain in 2009 is attempting an even more treacherous challenge: a double ascent

Burke, 68, left home on March 30 to attempt ascending and descending on the North side in Tibet and then ascending and descending on the South side. He is dedicating his climb to Chelsea King and Amber DuBois, both San Diego teens whose remains were found last month.

Burke has been filing audio reports on his Web site, eightsummits.com, where he is detailing his arduous journey. He is with David Liano, a climbing friend and mountaineer from Mexico, and his Sherpa Mingma from last year's climb.

"You look at it and you just wonder, "How in the world can anyone climb that?" he said in an audio report from Everest Base Camp on Monday.

Burke is planning to use the strategy he used last year: move up the mountain slowly. With a bit of luck, good timing, favorable weather and patience, Burke thinks his adventure can be accomplished.

Bill Burke Web Site:
http://eightsummits.com/

Article:
http://www.ocregister.com/news/burke-243803-everest-mount.html

Angel Who Cares · Apr 17, 2010

Lifetime GPS but no funding in Chelsea's Law
Posted: Apr 13, 2010 2:16 PM EDT
Updated: Apr 14, 2010 11:01 AM EDT
<snipped>
There are major concerns about where the money is going to come from to pay for Chelsea's Law if it passes. It could take months to get an official cost estimate from the state but it's safe to say Chelsea's Law will not be cheap. When it comes to the safety of innocent teenagers like Chelsea King and Amber Dubois, most people agree children need to be protected. But Chelsea's Law would apply to a much broader range of sex offenders than violent offenders like John Gardner, the ex-con who has pleaded not guilty to raping and murdering Chelsea King.

Chelsea's Law would trigger lifetime parole and lifetime GPS monitoring for any lewd act committed on a child under age14, including crimes that many consider nonviolent like groping, fondling, or virtually any act of sexual touching.

Thousands of offenders convicted of such lewd acts currently are on parole. The state department of parole would be charged with tracking those convicts for life under the proposed Chelsea's Law, otherwise known as Assembly Bill 1844. Chelsea's Law does not include any new funding to pay for the lifetime GPS monitoring of these offenders. "We have enough money. It's a targeted bill, narrowly focused on violent sexual offenders," Fletcher said.

Psychologist Jay Adams represents the California Coalition on Sexual Offending. She's treated sex offenders for more than 30 years and she opposes Chelsea's Law. "History tells us that this not a good way to make public policy," Adams said. "I think it's just folly to continue making laws based on public fear." "I'm afraid these laws sometimes give people a false sense of security. They are passed with absolutely no way they can possibly be implemented because the money just simply isn't there," Adams told News 8.

Chelsea's Law also prohibits registered sex offenders from visiting parks where children regularly gather.

The bill would not fund either treatment or lie detector exams for sex offenders on parole in the community, provisions that are badly needed, according to experts in the field. "Most sex offenders do not re-offend, and many can be treated successfully," Dr. Adams said. "The more that we do treatment with these people and the more we understand about their histories and about what goes into making them have this kind of violence, the more we will be able to prevent it in the future."

Video: Lifetime GPS but no funding in Chelsea's Law 2:19
http://www.cbs8.com/global/category...default&clipId=4699574&flvUri=&partnerclipid=

Links
Chelsea's Law - AB1844 Bill - April 13, 2010
http://ftpcontent.worldnow.com/kfmb/misc/ab1844.pdf

Chelsea's Law - News Release - April 12, 2010
http://ftpcontent.worldnow.com/kfmb/misc/chelseas_law.pdf

Article:
http://www.cbs8.com/Global/story.asp?S=12303375

Angel Who Cares · Apr 17, 2010

Dubois family to hold 3-day search training
Wednesday, April 14, 2010 at 5:41 p.m.
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The family of slain Escondido teen Amber Dubois will be hosting a three-day search-and-rescue training for volunteers for a communitywide search effort should the need arise again.

The classes will be held from 6 to 9 p.m. Thursday and Friday, and 9 a.m. to 3 p.m. Saturday. The cost is $125 per person and includes class materials and a certificate. Volunteers do not need to attend all classes, but the cost remains the same.

The classroom portions Thursday and Friday will be at the family’s former search-and-rescue headquarters at 755 N. Quince St. in Escondido. Saturday’s class will be in the field.

The classes will be taught by Brad Dennis of KlaasKIDS Foundation Search Center, which organizes searches for missing children across the country. The foundation is named after Polly Klaas, a 12-year-old girl who was abducted from her Northern California home and killed in 1993.

Volunteers who complete the course will be better prepared to take a test for the Search and Rescue Technician Level III certification from the National Association of Search and Rescue.

Article:
http://www.signonsandiego.com/news/2010/apr/14/dubois-family-to-hold-3-day-search-training/

Angel Who Cares · Apr 17, 2010

Dubois Family To Host Search-And-Rescue Class
3-Day Class Taught By KlaasKIDS Foundation Search Center
POSTED: 4:37 am PDT April 15, 2010
UPDATED: 4:25 pm PDT April 15, 2010
<snipped>
Starting Thursday, the family of slain Escondido teenager Amber Dubois, who was missing for more than a year when her body was found, will host a three-day search-and-rescue training class.

Amber was 14 when she disappeared while walking to Escondido High School in February 2008. Despite searches by hundreds of volunteers, she remained missing for more than a year, until remains were found March 6 in Pala, about 25 miles north of her home.

The class is scheduled from 6 p.m. to 9 p.m. Thursday and Friday, and from 9 a.m. to 3 p.m. Saturday. It being taught by Brad Dennis of the KlaasKIDS Foundation Search Center, which is named after 12-year-old Polly Klaas, who was kidnapped and killed in Northern California in 1993.

Thursday and Friday, the class will meet at the family's former search-and-rescue headquarters at 755 N. Quince St. in Escondido. Saturday's meeting will be in the field.

Participants will learn about tracking, preserving a crime scene and other search-and-rescue tactics.

Article:
http://www.10news.com/news/23158263/detail.html

Angel Who Cares · Apr 17, 2010

Family of Amber Dubois to host search-and-rescue training
Posted: Apr 15, 2010 9:30 AM EDT
Updated: Apr 15, 2010 9:31 AM EDT
<snipped>
The family of Amber Dubois will host a 3 day search-and-rescue training class starting today. Amber disappeared while walking to Escondido high school. Despite searches, she remained missing for more than a year, until her remains were found last month.

The class is scheduled from 6 p.m. to 9 p.m. today and tomorrow and from 9 a.m. to 3 p.m. Saturday at the family's former search-and-rescue headquarters in Escondido. Participants will learn about tracking and preserving a crime scene. The cost is $125 per person.

Video: Dubois family to host volunteer search-and-rescue training 0:31
http://www.760kfmb.com/global/video...Format=flv&clipId1=4705513&at1=News&h1=Dubois family to host volunteer search-and-rescue training&flvUri=&partnerclipid=

Article:
http://www.760kfmb.com/Global/story.asp?S=12316221

Angel Who Cares · Apr 17, 2010

Kings Tortured Over Plea Deal
Updated 6:49 AM PDT, Sat, Apr 17, 2010
<snipped>
The decision to give the district attorney the blessing to make a deal with the man who raped and murdered his daughter was “torturous,” according to Chelsea King’s father, Brent.

“There is nothing -- nothing -- satisfying about this moment,” he told members of the media shorlty after John Gardner entered a guilty plea for raping and killing his 17-year-old daughter,Chelsea, and raping and killing 14-year-old Amber Dubois of Escondido.

In exchange, Gardner escaped the death penalty. “While our unequivocal first choice is the death penalty, we acknowledge that in California that penalty has become an empty promise,” said King.

King also mentioned that avoiding a trial would help the community to heal as well as allow him and his wife, Kelly, to try and give their son, Tyler, 13, as much of a normal childhood as possible.

Another deciding factor for the Kings was the impact such a deal would have on the search for answers in the death of Amber Dubois. The King family became close with Maurice "Moe" Dubois and Carrie McGonigle immediately after Chelsea's disappearance, as the two sets of parents were drawn together in what Dubois has come to call an unfortunate club.

“The Dubois family have been through unthinkable hell the past 14 months,” said King. “We couldn’t imagine the confession to Amber’s murder never seeing the light of day, leaving an eternal question mark.”

Video: A Family's Plan
http://www.nbcsandiego.com/station/as-seen-on/A_Family_s_Plan_San_Diego.html

Video: 'Nothing Satisfying About This Moment': Brent King
http://www.nbcsandiego.com/news/loc...About_This_Moment___Brent_King_San_Diego.html

Video: Details Revealed During Gardner's Plea
http://www.nbcsandiego.com/news/local-beat/Details_Revealed_During_Gardner_s_Plea_San_Diego.html

Article:
http://www.nbcsandiego.com/news/local-beat/Kings-Tortured-Over-Plea-Deal-91109344.html

Angel Who Cares · Apr 17, 2010

Man Pleads Guilty to Killing Amber Dubois and Chelsea King
Friday April 16, 2010 08:25 PM EDT
<snipped>
Amber Dubois's father supported the plea deal. So, too, did Chelsea King's. Both men said that the alternative would have been worse.

On Friday, sex offender John Gardner III escaped the death penalty in admitting to murdering both 14-year-old Amber and 17-year-old Chelsea. Authorities also announced it was Gardner who had led them last month to the remains of Amber, who had been missing for the more than a year.

Gardner 31, pleaded guilty in a San Diego County court to strangling Chelsea, whose body was found in a San Diego area park five days later last February, and stabbing Amber in a remote location near Pala, Calif., during attempted rapes. He also admitted attacking a female jogger, who escaped, last December.

Under the agreement, Gardner will be returned to prison for life without the possibility of parole.

In a news conference, Amber's father, Maurice Dubois, said the deal provides "justice and closure," while Chelsea's father Brent Kelly said a long trial would have had a "destructive effect" on their 13-year-old son and the community, the Los Angeles Times reports.

Article:
http://www.people.com/people/article/0,,20361843,00.html

Angel Who Cares · Apr 17, 2010

Scholars: Plea deal can work for both sides
Families avoid trail, killer avoids death penalty
April 16, 2010 at 3:24 p.m.
Updated April 16, 2010 at 4:25 p.m.
<snipped>
Plea bargains are typically reached when the outcome suits both the defense and the prosecution, legal scholars say. The case of John Albert Gardner III is not atypical.

Gardner, 31, admitted raping and killing Chelsea King, 17, and Amber Dubois, 14, during a dramatic court appearance this afternoon.

As a result, he no longer faces the prospect of being put to death for his crimes. And prosecutors and the victims’ families no longer have to prepare for trial or prove beyond a reasonable doubt that Gardner is responsible for the deaths.

“I have no doubt that if the parents were opposed to the deal, the prosecutor wouldn’t have done it,” said Shaun Martin, a University of San Diego law professor who has been following the case. “If there’s one thing you don’t want as a prosecutor, it’s a victim’s family saying you didn’t do your job.”

Martin noted that taking the death penalty off the table not only spares prosecutors and family members a trial and the possibility of an acquittal, it also saves the state millions of dollars in legal expenses. Because death sentences come with an automatic and lengthy appeals process, the state typically spends years on appeals and spends $2 million or more to impose the penalty, he said.

Blank said plea deals also can help families recover more quickly from the tragedy. “Going through the criminal justice system can be extremely tough for the victioms’ families. It’s a living hell,” he said. “This early termination of it all is a great step forward in terms of closure and moving forward with their lives.”
*More at link!

Plea deals
*Richard Carson, a convicted sex offender who was free on bail when he used a hammer to beat Brittany Hart to death in the garage of his Spring Valley home in May 2007, pleaded guilty in January to first-degree murder. He was sentenced to 91 years to life in prison. In exchange, prosecutors agreed to drop a special allegation that the murder was committed during an attempted rape that exposed Carson to the death penalty if he had been convicted.

*Four of the five Bird Rock Bandits accepted plea agreements in order to spare them from possible life sentences in the 2007 beating death of La Jolla surfer Emery Kauanui Jr. Eric House, Orlando Osuna, and Matthew Yanke, pleaded guilty in June 2008 to involuntary manslaughter. Henri "Hank" Hendricks, pleaded guilty to accessory after the fact. House and Yanke were sentenced to 210 days in jail, and Osuna received 349 days. All three were placed on three years’ probation and in January were sentenced to three-year prison terms after admitting they violated probation by using marijuana and fraternizing with one another.The fifth man, Seth Cravens, went to trial and was convicted of second-degree murder and other charges and was sentenced to 20 years to life in prison.

*Former sheriff's deputy Lowell "Sam" Bruce pleaded guilty August 2007 to voluntary manslaughter in the December 2006 shooting death of his wife during a fight in their Alpine home with their 4-year-old son in the room. Bruce was originally charged with murder and faced a maximum prison sentence of 40 years to life if tried and convicted. In September 2008 Bruce was sentenced to 15 years in prison.

*Ralph Stephen Garbarini, a transient with a history of mental illness, pleaded guilty June 2007 to murdering 44-year-old Michael Andrew Fineman of Clairemont and trying to kill a second man inside Extraordinary Desserts near Hillcrest in a bizarre, random confrontation in 2006. In exchange for Garbarini's guilty plea, the District Attorney's Office agreed to drop the special-circumstance allegation of lying in wait, which could have left Garbarini facing the death penalty. Garbarini was sentenced to 75 years to life in prison with an additional term of life in prison with the possibility of parole.

*In March 1997 David Allan Webb pleaded guilty to torturing and killing 9-year-old Amanda Gaeke of North Park in 1991 in an agreement with prosecutors to avoid a trial over the notorious slaying. Webb was 16 when he killed Amanda, and under then state law ineligible for the death penalty. He was given a life sentence.

*Byron Threat pleaded guilty July 2003 to first-degree murder in the 1995 stabbing of Laurie Jane Osburn, 43, in her apartment in Imperial Beach. Threat was sentenced to 55 years to life in prison. Prosecutors sought the death penalty, arguing the slaying happened in the course of a robbery, but District Attorney Bonnie Dumanis told Threat's lawyer she would accept a plea bargain that sends Threat to prison for more than 50 years to life after Osburn's family told her they wanted to avoid a trial.

*Frederick Davidson, a San Diego State University graduate student who shot three professors in 1996 was allowed by in September 1998 to strike a plea bargain after the victims' families pressured then-District Attorney Paul Pfingst for a speedy resolution of the case. Davidson pleaded guilty to three counts of murder and is serving a life sentence without parole.

Article:
http://www.signonsandiego.com/news/2010/apr/16/scholar-plea-deal-can-work-both-sides/

Angel Who Cares · Apr 17, 2010

Gardner Pleads Guilty To Both Dubois and King Murders
April 16, 2010 at 2:54 p.m., updated April 16, 2010 at 6:12 p.m.
<snipped>
The man arrested for attacking and killing San Diego County teenagers Chelsea King and Amber Dubois pleaded guilty to all charges against him today. He made the guilty pleas to avoid the death penalty.

Gardener hung his head as he entered guilty pleas on all counts. He admitted to raping and strangling King and burying her in a shallow grave. He also admitted to killing Dubois with premeditation. That ends speculation that someone else was involved. San Diego County Superior Court Judge David Danielson offered the first public details of the crimes.

“As to Count Three, you admit that you took Amber Dubois to a remote area in Pala, where you raped and stabbed her. You then buried her in a shallow grave. Do you admit the truth to those facts?” Danielson asked.

“Yes.” Gardener said.

“And you further admit that this killing was done with pre-mediation and deliberation?” Danielson asked.

“Yes.” Gardener said.

Life Sentence And Closure
Gardner, 31, will avoid facing the death penalty. Instead, he will be sentenced to two consecutive life sentences in prison without the possibility of parole. He also pleaded guilty and faces more jail time for assaulting another young woman in December.

Sentencing was set for June 1. Prosecutor Kristen Spieler told the judge the victims' families agreed to the plea agreement.

Gardner Ended A Long Search
Amber vanished in February 2009, and the investigation produced few solid leads until Chelsea disappeared Feb. 25 during an afternoon run in a San Diego park about 10 miles south of the site where Amber vanished. Gardner was arrested three days after Chelsea disappeared. He initially pleaded not guilty in her killing.

In a surprising turn, Gardner admitted Friday to kidnapping, raping and stabbing Amber. He also admitted dragging Chelsea to a remote area where he raped, strangled and buried her.

San Diego County District Attorney Bonnie Dumanis said Friday that Gardner led authorities to Amber Dubois' body. She said Gardner agreed to lead authorities to the body on the condition that they could not use that information against him in court. Dumanis says it was a difficult decision, but prosecutors had no other evidence or DNA to link him to the death of Dubois.

A Long History
Gardner served five years in prison after pleading guilty in 2000 to molesting a 13-year-old neighbor girl. Records show he later violated parole by moving too close to a school but was allowed to remain free.
*More at link!

John Gardner Court Documents
•John Gardner Guilty Plea (PDF)
http://kpbs.media.clients.ellington...10___John_Albert_Gardner_-_Plea_of_Guilty.pdf

•John Gardner Charges (PDF)
http://kpbs.media.clients.ellington...4/16/04-16-10_-_John_A._Gardner_-_Charges.pdf

•District Attorney's Statement on Gardner Case (PDF)
http://kpbs.media.clients.ellington...0/04/16/Dumanis_Gardner_Statement_4-16-10.pdf

Article:
http://www.kpbs.org/news/2010/apr/16/gardner-pleads-guilty-murder-charges/

Angel Who Cares · Apr 17, 2010

Sex offender pleads guilty to killing two teen girls
In a deal to avoid the death penalty, John Albert Gardner III admits to the murders of Chelsea King, 17, and Amber Dubois, 14.
April 17, 2010
<snipped>
A 31-year-old registered sex offender pleaded guilty Friday to murdering two teenage girls in northern San Diego County in a deal that spares him from the death penalty.

John Albert Gardner III, who previously served five years in prison for beating and molesting a 13-year-old girl, pleaded guilty to the murders of Chelsea King, 17, and Amber Dubois, 14, both during rape attempts. In exchange for his plea at the hastily arranged hearing, Gardner will be returned to prison for life, without the possibility of parole.

With his head bowed, Gardner admitted Friday to Superior Court Judge David Danielsen that he strangled Chelsea and stabbed Amber. He also admitted to attacking a female jogger Dec. 27 in a rape attempt at Rancho Bernardo Community Park. The victim managed to escape Gardner's grasp.

The parents of both murdered girls were in the courtroom, as were a dozen supporters, some wearing T-shirts and buttons with pictures of the two victims.

Deputy Dist. Atty. Kristen Spieler told Danielsen that Dist. Atty. Bonnie Dumanis agreed to the plea bargain after "careful consideration of the feelings and opinions" of the victims' families.

In a news conference after the plea, Maurice Dubois, Amber's father, said the agreement allowed "justice and closure" for his daughter. Brent King, Chelsea's father, said lengthy court proceedings would have had a "destructive effect" on their 13-year-old son, Tyler, and the community and distracted from the family's campaign for tougher laws for sex offenders.

Dumanis said that without Gardner's guilty plea, her office would not have had enough evidence to take him to trial for Amber's murder.

Although a gag order has prevented authorities from discussing either killing or the evidence linking Gardner to the crimes, a search warrant indicates that investigators found shovels and a pickax at Gardner's home in Lake Elsinore.

At the request of Gardner's public defender, Danielsen continued the gag order until an April 22 hearing. Danielsen said he has "grave reservations" about continuing the order but will allow lawyers to make their arguments. Danielsen made an exception to the gag order to allow Dumanis to comment to reporters.

The sentencing is not official until a June 1 court hearing. At that hearing, the relatives and friends of the victims can address the court. Under the plea bargain, Gardner is eligible to be treated as a mentally disturbed sex offender, Danielsen said.

John Gardner, right, with attorney Michael Popkins, pleads guilty to both counts of murder Friday, April 16.

Article:
http://www.latimes.com/news/local/la-me-gardner-plea17-2010apr17,0,2308767.story

Angel Who Cares · Apr 17, 2010

REGION: Plea allowed resolution to Amber Dubois case
April 16, 2010 9:51 pm
<snipped>
Chelsea King's parents agreed to let their daughter's killer live, in part so Amber Dubois' parents could learn how their daughter died. It was a "torturous" decision, Chelsea's father Brent King said at a news conference Friday. Execution for John Albert Gardner III was his "unequivocal first choice."

An hour before he spoke, Gardner, 31, admitted during a court hearing in downtown San Diego that he raped and killed both teenage girls in attacks separated by a year.

Amber, he stabbed. Chelsea, he strangled.

To legally avenge Amber's death, San Diego County District Attorney Bonnie Dumanis said at the same news conference in her downtown offices Friday, her office struck a deal: Gardner would plead guilty to both killings, and they would not seek to have him executed.

She said there was simply no evidence that Gardner raped Amber, then stabbed her to death inside of 90 minutes after he abducted her 14 months ago ---- other than the fact that he told authorities what he had done, and on March 5 led them to her shallow grave in Pala.

Until the life-or-death deal was struck, Amber's parents were not told what led authorities to locate the girl's remains. All her parents knew was that Amber, 14, had been found less than a week after Gardner was arrested for raping and killing Chelsea, 17, of Poway.

To learn the truth about Amber, prosecutors agreed not to use Gardner's confession against him, Dumanis said. That was the only promise made to Gardner in exchange for his cooperation.

If, however, authorities found anything else that tied Gardner to Amber's death, then prosecutors could use it. But there was nothing ---- no DNA or anything else to link him beyond a reasonable doubt, Dumanis said. "We could not make a case," Dumanis said.

During the news conference, tears streaked down the face of Carrie McGonigle, Amber's mother. She did not speak.

Amber's father, Maurice "Moe" Dubois, thanked prosecutors and law enforcement for diligence and dedication. "As you can imagine, this turn of events in the case came as a surprise to us when we were informed about the details yesterday," he said. "As a parent, I am thankful for the work put forth by the DA's office and the defense team, coming forth with a resolution in the case and allowing us to have justice and closure for Amber's case."

On Friday, Gardner pleaded guilty to murder, admitting that he raped and killed Amber Dubois, who disappeared as she walked to Escondido High School under dreary skies on Feb. 13, 2009.

Gardner also admitted he raped and killed Chelsea, who was on a run near Lake Hodges when he grabbed her, dragged her to a remote area, raped and strangled her on the afternoon of Feb. 25, more than a year after he killed Amber.

"There is nothing ---- nothing ---- satisfying about this moment," Brent King said. "It is only one more unbearably painful day that we will have to carry in our memory as long as we live."
*Much more at link!

Related Videos
Video: Statement from Amber Dubois' father
http://www.nctimes.com/vmix_28508750-49bc-11df-a8b3-001cc4c002e0.html

Video: Statement from Chelsea King's father
http://www.nctimes.com/vmix_1f362fd0-49bc-11df-8379-001cc4c002e0.html

Video: District Attorney explains case against Gardner
http://www.nctimes.com/vmix_6a028798-49bc-11df-a282-001cc4c002e0.html

Related Documents
King Family Statement, April 16, 2010
http://www.nctimes.com/news/local/sdcounty/pdf_da0634dc-49b6-11df-adc4-001cc4c002e0.html

District Attorney's Statement, April 16, 2010
http://www.nctimes.com/news/local/sdcounty/pdf_bd091de0-49b6-11df-92f4-001cc4c002e0.html

Article:
http://www.nctimes.com/news/local/sdcounty/article_3d1d6c5b-acb0-5add-bc58-e2a897582893.html

Angel Who Cares · Apr 17, 2010

Kings gave consent to plea agreement
Saturday, April 17, 2010 at 1:20 a.m
<snipped>
District Attorney Bonnie Dumanis said that Gardner, 31, will die in prison for raping and killing Chelsea, 17, of Poway and Amber Dubois, 14, of Escondido.

Authorities had a case in Chelsea’s death, but said they didn’t in Amber’s, in part because they had promised Gardner some immunity in exchange for leading them to Amber’s remains. Short of the plea, Gardner might never have been identified as Amber’s killer. So the deal allowed some closure for both families.

An hour after Gardner’s chilling courtroom admission to the crimes Friday, the fathers of the two girls talked about justice and pain. “There is nothing satisfying about this moment,” King said. “It is only one more unbearably painful day that we will have to carry in our memory as long as we live.”

The sadness of the day spread quickly beyond the San Diego courthouse where the hearing and news conference were held.

Poway High School senior Andrea Todesco said when she first read a Facebook posting that Gardner wouldn’t get the death penalty, she was furious because she wanted to see him pay the ultimate price for murdering her friend. “I was really mad, really mad,” she said. “But I talked to my mom and dad, and they both said that this way no one has to go through a trial, which would be really brutal.”

Poway High teacher Traci Barker-Ball is the adviser for the campus’ peer counseling program that Chelsea participated in. She talked with several students as soon as the hearing ended.

Most seemed excited that Gardner would never leave prison and that a protracted trial had been avoided, she said. Information that came out in the hearing, that Gardner had killed Chelsea within an hour, was welcome news to students who feared he may have kept the teen captive or that Chelsea had been left mortally injured.

Amber was dead 90 minutes after Gardner abducted her.

Rincon Middle School teacher Pat Gross was grading papers when she heard about Gardner’s confession. Gross had been Amber’s eighth-grade English teacher and spoke movingly about the teen at a memorial for Amber at Escondido High School in February.

“Wow, it’s good,” Gross said. “For me, it truly is a sense of deep relief for many reasons, but particularly for the families. There’s relief because we know now that he did it and that no one will be subjected to the circus that would occur with a trial. These families can now truly begin the process of healing.”

Chelsea’s father, Brent King (right), offers support to Amber’s father, Moe Dubois, after a news conference Friday with District Attorney Bonnie Dumanis.

A cross has been attached to a tree near Lake Hodges where Chelsea King’s body was found.

Documents related to John Albert Gardner III
http://www.signonsandiego.com/Gardner/

Article:
http://www.signonsandiego.com/news/2010/apr/17/kings-gave-consent-plea-agreement/

Angel Who Cares · Apr 17, 2010

Pick axes, shovels seized from Gardner's home
Search warrants show jeans, Hard Rock T-shirt also taken
April 15, 2010 at 11:55 a.m., updated April 15, 2010 at 1:05 p.m
<snipped>
Digging tools, T-shirts and jeans were among the items seized from the home of John Albert Gardner III during the early stages of the investigation into the slaying of Poway teenager Chelsea King, according to search warrant records.

The documents were obtained by Los Angeles radio station KFI AM640 and posted on the station’s Web site today. The documents are under court-ordered seal.

In an affidavit, sheriff’s investigators listed several items they were hoping to find during a search of Gardner’s home in Lake Elsinore, including specific pieces of clothing; rope, tape or handcuffs; human hairs, tissues or fluids; clothing or other objects with blood; personal documents.

Authorities searched Gardner’s Lake Elsinore home on Gillette Street on March 9 and seized two pick axes, 10 shovels from a backyard shed, as well as an additional shovel and pick ax near the front door, according to the return affidavit. Also seized was five pairs of jeans, a white “Hard Iraq Cafe — Baghdad” T-shirt and a pair of Reebok size 12 sneakers from his bedroom.

Documents: On the KFI Web site
http://bit.ly/aYqgN3

Article:
http://www.signonsandiego.com/news/2010/apr/15/pick-axes-shovels-seized-gardners-home/

Angel Who Cares · Apr 17, 2010

Defense attorneys seek additional gag order
Judge unsure why it’s necessary now
Saturday, April 17, 2010 at 12:45 a.m.
<snipped>
Defense lawyers for John Albert Gardner III asked a judge to sign a new gag order Friday barring prosecutors and other authorities from making public statements about the case.

Minutes earlier, Gardner had pleaded guilty to murdering North County teenagers Chelsea King, 17, and Amber Dubois, 14.

San Diego Superior Court Judge David Danielsen said he would impose the order temporarily, but scheduled a hearing for Thursday for the attorneys to make their arguments as to why it is necessary.

Danielsen had signed a similar order March 9, then lifted it Friday. He said the primary purpose of a gag order is to preserve a defendant’s right to a fair trial in light of intense media coverage. Because Gardner, 31, pleaded guilty to the crimes — agreeing to two consecutive life sentences in prison without parole — there was no danger of tainting the jury pool.

“I’m having a little difficulty understanding why there might be prejudice if the gag order is lifted,” the judge said, adding that he was hesitant to sign the order, which was drafted by the defense team. “I have great reservations about the propriety of continuing this protective order,” Danielsen said.

Deputy Public Defenders Michael Popkins and Mel Epley argued Friday that the judgment in the case is not final until Gardner is sentenced June 1.

They said the new order was a “precautionary matter” that would prevent officials from the county District Attorney’s Office, Sheriff’s Department or Medical Examiner’s Office from revealing information that could harm their client. “We cannot predict what’s going to happen in the next five or six weeks,” Popkins said.

The revised order allowed District Attorney Bonnie Dumanis to make a statement Friday about her reasons for accepting the plea agreement. Deputy District Attorney Kristen Spieler did not object to the signing of the order in court.

Article:
http://www.signonsandiego.com/news/2010/apr/17/killers-defense-attorneys-seeking-additional-gag/

rescuemedic · Apr 17, 2010

so this verified the vk9 team had a live scent trail (she was alive to the last place) and the trail was the ONLY one they followed -so.... give them credit now, wow amazing trail -but VERIFIED

Angel Who Cares · Apr 17, 2010

Spared the Gruesome Details
A local mother of a murdered daughter wouldn’t wish a trial on any parent
Updated 3:27 PM PDT, Sat, Apr 17, 2010
<snipped>
The news of John Gardner's plea spread quickly throughout the community. Many said they felt relieved for the family, one woman in particular. Linda Severino has been through a similar horror as Chelsea King’s and Amber Dubois’ family.

"She was murdered on a Monday," Severino recalled about her daughter. 13 years ago, her daughter was sexually assaulted and strangled. When Linda sees pictures of Chelsea and Amber she says she knows what their parents are thinking. "You always wonder what the last few minutes were like, no matter what you do, you always think about that," Severino said.

While the few details disclosed Friday about Chelsea and Amber’s final moments may have been difficult to hear, the Kings and Dubois’ will not have to sit through a trial -- an experience Severino does not wish on anyone.

"Pictures were awful. Details were awful," she recalled. "Everyday you got to trial and you sit there and you can't not be there. You have to be there. You're representing your child."

Her advise to the Kings and Dubois: Try not to think about how these young, innocent girls died. But rather, how they lived. She says Friday’s events are a good first step. "I think it will be comforting,” Severino said. “Questions are still out there, but you won't see the graphic pictures, details. They won't have that."

Video: Spared the Gruesome Details
http://www.nbcsandiego.com/news/local-beat/Spared_the_Gruesome_Details_San_Diego.html

Video: 'Nothing Satisfying About This Moment': Brent King
http://www.nbcsandiego.com/news/loc...About_This_Moment___Brent_King_San_Diego.html

Video: Amber's Mom Talks About Plea Deal
http://www.nbcsandiego.com/station/as-seen-on/Amber_s_Mom_Talks_About_Plea_Deal_San_Diego.html

Article:
http://www.nbcsandiego.com/news/local-beat/Spared-the-Gruesome-Details--91231509.html

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