Sunday, May 24, 2009

Book Review: Jack Hinson's One-Man War


Book Review by Robert A. Waters

Jack Hinson’s One-Man War: A Civil War Sniper
Tom C. McKenney
Pelican Publishing Company, 2009

Here are a few questions relating to the Civil War. Answers are at the bottom of this review. (1) Which state executed the most slaves--New Jersey, Mississippi, or New York? (2) Which states were exempt from the Emancipation Proclamation? (3) Did any freed blacks own slaves?


In 1861, Jack Hinson lived near Dover, Tennessee, in the Land Between the Rivers. He had a farm, slaves, a growing family, and was relatively prosperous. Like many Southerners (Robert E. Lee comes to mind), Hinson opposed secession. After the Civil War broke out, he attempted to remain neutral. One of his sons joined the Confederacy, but Hinson was able to keep the rest of his family on the farm.

Hinson had hunted and fished the land for most of his fifty-seven years. He knew the forests, the game-trails, the out-crops of rocks above the bluffs of the Tennessee River, and he was a crack marksman. However, he had never raised a gun in anger and was known as a peaceable man. In 1862, while the war was raging, Hinson freed his slaves and hired those who wanted to continue working for him (which was all of them).

In the fall of 1862, two of Hinson’s sons were hunting in the woods near their property. A passing Union patrol arrested them. Mistaking the two for bushwhackers, they summarily executed George, 22, and John, 17. Dragging the victims’ bodies behind their horses, the hated Union soldiers circled the Dover courthouse. Then they cut off the heads of both young men and galloped to Jack Hinson’s house. There, in front of Hinson, his wife, children, friends, and former slaves, a soldier stuck the heads on two gate-posts.

After Jack Hinson buried his sons, he paid a local gunsmith to make a super-gun: a .50-caliber rifle that was accurate up to 500 yards. Hinson then became a one-man disaster for the Union army in west Tennessee. His two first “kills” were the Lieutenant who ordered the execution of his sons and the soldier who hung their heads on his fence-posts. Lying in wait among the dense forests in the area or high on the bluffs overlooking the river, Hinson exacted his private revenge. All in all, he killed one hundred Union soldiers, mostly officers.

Jack Hinson’s One-Man War describes the events that led up to the old man becoming a guerilla warrior. Even though his one-man war cost him nearly everything he loved, it was in Hinson’s mind a necessary reckoning.

The book is at once a local history, and a universal story of primal vengeance. It should open the eyes of anyone who wants to know what the Civil War was really all about. McKenney’s research and crisp writing style has brought to life one of those strange yet ultimately sympathetic American characters who will now be long-remembered.

Buy this book and read it.


Answers: (1) According to the website “Before the Needles,” Mississippi executed 13 slaves; New Jersey executed 36 slaves; and New York executed 73 slaves. (2) The following states were exempt from the Emancipation Proclamation: Kentucky; Missouri; Maryland; and Delaware. Washington, D. C. slave-owners were also allowed to keep their slaves. In fact, it is said that the week after the Proclamation, blacks were still being auctioned off behind the White House. (3) In 1830 alone, 3,775 freed blacks owned black slaves. From the mid-1700s to 1860, tens of thousands of blacks owned slaves.

Thursday, May 14, 2009

Where is Tori?


I’ve completed the manuscript for my new book. It is entitled: Sun Struck: 16 Infamous Murders in the Sunshine State. It will be published in November of this year. Now that I have a break from writing Sun Struck I hope I can go back to posting some original stories on my blog. Many thanks to the readers who stuck with me over these last few hectic months.


On Wednesday afternoon, April 8, 2009, Tori Stafford walked out of existence. Despite a videotape that shows the 8-year-old leaving the campus of Oliver Stephens Middle School in Ontario, Canada with an unknown woman, police have not learned what happened to Tori.

At first, the Oxford Community Police Department seemed reluctant to even believe the schoolgirl had been abducted. It was three days before they issued an Amber-style alert. A week into the investigation, police were still labeling the disappearance a “missing persons” case. “Even the police and Victoria’s parents have said it’s strange because Victoria is not leaving against her will,” explained the Canadian Missing and Exploited Children’s website.

(I don’t think it’s strange at all. I’d suggest the police conduct an experiment. Take an inoffensive-looking woman to a school as it’s letting out--then have her approach children and tell them the child’s mother is ill and the child is needed right away. I venture to say that many, if not most, of the pre-teen children would willingly leave with the stranger.)

After a week of what Tori’s parents termed an ineffective investigation, the Ontario Provincial Police took over the case.

It’s been more than a month now and still no word of the girl. Rumors about biker gangs and family drug problems have been swirling about the parents. Rodney Stafford and Tara McDonald were divorced many years ago. McDonald lives with her boyfriend, James Gorris. No wrong-doing has been substantiated, although investigators still say that “everyone” is still a suspect.

Why was Tori kidnapped?

Did some lonely or disturbed woman take the child? In most such cases, the abductor snatches an infant, not a pre-teen. That scenario doesn’t fit this case.

Why of all the children in the universe did she pick out Tori? Is there something to the rumors? Did some unpaid drug dealer steal the child for revenge or ransom? So far nothing has been released that indicates this to be true.

Did a sexual predator steal the child? Several recent cases have shown that women sometimes sexually molest young girls. But why Tori? She wasn’t randomly abducted off the street or while playing in front of her home. In some way, she seems to have been chosen.

A fog shrouds this case.

And yet there may be hope.

One Canadian case that comes to mind is the Abby Drover abduction. In 1976, the twelve-year-old was held captive in an underground room for six months before escaping. In America, many kidnapping victims have been rescued. Katie Beers, Elizabeth Smart, and Shawn Hornbeck are just a few that come to mind.

Here’s hoping that this case will also come to a quick and satisfactory conclusion.

Friday, January 16, 2009

Jennifer Short Murder Update


Federal investigators are looking for a flatbed truck that reportedly was seen near the home of Michael Short and Mary Short in Henry County just hours before their bodies were found dead inside their home on Aug. 15, 2002.

The FBI has released a sketch of the truck, described as a 1998 to 2002 white, single-cab, two-ton stake body truck with wooden rails. An unidentified man was seen sitting in the truck along U.S. 220 in the vicinity of the Shorts’ Oak Level home, according to the FBI.

The Shorts were found with single gunshot wounds to their heads. Their 9-year-old daughter, Jennifer, was missing from the home. Her body was found two months later in Rockingham County, N.C. No arrests have been made in the case.

However, investigators are requesting information from anyone who had contact with Michael Short regarding employment and relocation he was seeking to the coastal region of South Carolina as a mobile home mover. In addition, investigators are seeking information from general contractors, independent contractors, construction companies, mobile home dealers, mobile home parts suppliers, mobile home transporters or mobile home salvage yard owners who conducted business with Short or M.S. Mobile Home Movers between Jan. 1, 2001, and Aug. 15, 2002.

Wednesday, December 10, 2008

South Carolina Cheerleader Innocent of Raping Teen Girl


South Carolina Cheeleader Innocent of Raping Teen Girl
by Robert A. Waters

This could happen to you or me. One day, you’re leading a normal life. Then it all corkscrews into the abyss of disaster. You’re at work when cops come and arrest you for raping a child. You’re paraded in handcuffs through a gauntlet of reporters with flashing cameras and plastic smiles. The next day your face is on the front page of the papers, on the blogs, on TV. You wonder if the reporters will be there when you’re proven innocent. Or worse yet, will you be railroaded to prison for years to come?

Stephanie Gail Kirkland, 20, lived in Graniteville, South Carolina, near Aiken. She worked two part-time jobs while she attended college. She had a boyfriend, a MySpace page, and a loving, supportive family.

On August 12, 2008, police arrested her at her workplace. It came out of the blue—-they’d never even questioned her. A child at the school where she taught cheerleading had accused Kirkland of rape. She was charged with three counts of criminal sexual conduct in the second degree and four counts of lewd acts on a minor. Two things made this case even more high-voltage than most sexual offenses: Stephanie Kirkland was an attractive blue-eyed blonde and the “victim” was a thirteen-year-old girl.

“I didn’t know what to think,” Kirkland said later. “I mean it was just awful. Handcuffs and shackles, walking in front of my family...I lost nine pounds, I couldn’t eat for a week.”

Once the news got out, the accused lesbian child rapist was inundated with obscene messages on her MySpace page. Much later Kirkland explained that strangers who’d seen her picture in the news threatened “to do sexual things to me because of something I did to a little girl--that I didn’t do.” The menace of stalking and violence seemed very real because the local newspaper had published her home address.

“There was a relationship between Ms. Kirkland and the thirteen-year-old,” Lt. Michael Frank said emphatically. An article in the Aiken Standard expanded on the charges. “Investigators said that between May and December 2007, the subject sexually violated the victim, fondling her and assaulting her at Aiken Cheer Extreme, College Acres locations and several times in the victim’s bedroom.” After being approached by a relative of the girl, the paper reported that investigators “launched an investigation into the matter, which Frank explained can take several months.”

The blogosphere exploded. “Stephanie Gail Kirkland, 20, enjoys the music of Ashley Tisdale and Usher, hanging out with friends, her kitten, Chipper, and having sex with a thirteen-year-old girl,” one blogger wrote. Another assured readers that “local police say that they have enough evidence for the arrest and feel that the charges are valid and are prepared for trial on the charges.”

Then something amazing, something magnificent happened. People who had known Kirkland all her life began posting responses to the story in the online edition of the Standard. All were supportive. (While many online comments to newspapers are obviously from crackpots, a number of these posters published their real names. It was obvious that they knew the situation well.)

Here are a few of their comments:

“I think it is ridiculous that Stephanies (sic) picture is in the paper. This has ruined her reputation.”

“The sensationalized article on Kirkland was the worst thing I’ve seen this horrible, uncaring, clueless newspaper do.”

“Why is it that Stephanie was never interviewed prior to her arrest?”

“Kirkland was arrested on completely frivolous and physically impossible accusations made by a known unreliable source. This is truly scary, so much for presumed innocence.”

Many of the posters knew the accuser. “The 13 yr old...is out of control,” someone wrote. “I have had a chance to view her myspace page and see the things that she post[ed]...which are lewd and disgusting...I know that she has accused other young girls of the same charges and they were untrue also.”

On September 26, 2008, while out on bail, Kirkland got a call from her lawyer informing her that the charges had been dropped. Aiken County Assistant Solicitor Steve Kodman said that there were multiple inconsistencies in the accuser’s statement. Trying to cover his ass, he said, “There are times where law enforcement has enough probable cause to make an arrest, but we have to be able to prove it beyond a reasonable doubt to take it to court.” Even though they dropped the charges, authorities said “they have nothing that leads them to suspect the alleged victim lied.”

“It’s closed,” Lt. Frank said. “That’s the end of it.”

Well, that’s not quite the end of it. What about Stephanie Kirkland’s embarrassment at being hauled off to jail like some serial child molester? What about the statements police and prosecutors made sliming Kirkland? What about the fact that the accuser finally admitted that she made the whole thing up? Why wasn’t the accuser’s background checked in the beginning? Why is she not being charged? Since she’s not being charged, is she receiving counseling or psychiatric help?

Finally, what about the reporting of the story? Articles in newspapers are assumed by many to be the lasting public record of an event. Will the local media subpoena police reports, court documents, and other records from the case? Will they interview all participants to determine why an innocent girl was arrested before she was even questioned? Or why everyone in town seemed to know the accuser was lying except the cops? Or why many in the media blindly accepted the police version as truth? That’s the real story.

Once, after having been acquitted of sham charges of larceny and fraud, Raymond Donovan, Secretary of Labor under President Ronald Reagan, yelled at the prosecutor, “Give me back my reputation.” Later, he stated that when he was reading a newspaper article about his arrest, he thought, That’s what people will read forever.

No doubt, Stephanie Kirkland feels much the same way.

“The way it looks now,” she said, “is [that] I did something but they just can’t prove it. If I go apply for a job and they ask me if I’ve ever been arrested...they won’t ever look past ‘have you ever been arrested?’ and [they’ll] throw that [job application] out the window.”

Sunday, December 7, 2008

Website of a Murderer


Internet Scam
by Robert A. Waters

Like the age-old Internet Nigerian scam, it amazes me that anyone could fall for the messages posted on the anti-death penalty websites of death row inmates. Most are so far from the realm of reality that it makes one question the mental health of those lost souls who take these sites seriously. Take, for example, this ad from an inmate convicted of murdering two innocent teenagers.

For many years, the Canadian Coalition Against the Death Penalty (CCADP) has maintained a website for Randall Scott Jones. Here’s a sampling: “Looking for a friend, any age, male or female, who can look through these bars and see me for who I really am.” Now that’s a loaded statement—-could it be that the person looking through the bars sees a cold-blooded double-murderer?

There’s more. Switching to the third person, Jones writes, “Randy has been described as a ‘bright, caring person,’ who ‘never had a chance.’” He then describes his horrible upbringing and states that his cries for help went “mostly unheeded.” While Jones may have had a lousy childhood, so have millions and millions of others who lived successful lives and never murdered anyone.

“Later that year, Randy went into the US Army as an ear, nose, and throat specialist.” An ear, nose, and throat specialist? Isn’t that a doctor? That is, a physician? Someone who has spent a decade in med school and a few more years in specialized training?

No matter. Jones didn’t last that long in the military. According to his webpage, he was “honorably discharged based on less than satisfactory performance.” Seems he kept oversleeping because he was depressed.

According to court documents, on the night of July 26, 1987, Jones and Chris Reesh were carrying a 30-30 caliber rifle that Jones had stolen from his girl-friend’s father. On that night, they were taking target practice at the Rodman Dam recreation area near Palatka, Florida. When Jones’ truck became stuck in the sand, they walked to a Chevrolet pickup where teenagers Matthew Paul Brock and Kelly Lynn Perry were sleeping in the cab. What followed were two cruel, heartless murders and a perverted sexual assault.

A few weeks later, Jones and Reesh were arrested in Mississippi. Jones was driving the stolen truck belonging to murder victim Matthew Brock. Items from Perry and Brock were found in Jones’ room. He confessed to killing the couple.

An article in the online magazine Forensic Science by Hal Tam reads: “Without waking the couple in the pickup, Jones shot both Perry and Brock in the head at close range. He and Reesh then dragged the bodies into the woods nearby. They towed Jones’ truck from the sand with Brock’s pickup and left with both trucks. Later Jones returned to the crime scene, moved the bodies further into the woods, and raped Perry.”

Semen taken from Perry's body was tested for DNA and matched that of Jones. The jury took only fifteen minutes to find him guilty. Jurors recommended that he be executed, the first time DNA was used in a death penalty case.

For twenty years, Jones has fought his sentence.

For twenty years, his victims have not achieved the justice they deserve.

While there are legitimate reasons to oppose the death penalty just as there are legitimate reasons to favor execution, websites such as Jones’ diminish the victims (who are never mentioned) and cast doubt on CCADP as an advocacy group.

Wednesday, December 3, 2008

The Murder of Clevie Tedder


“Deland, Fla., April 11, 1910. A jury today brought in a verdict of murder in the first degree against Irving Hanchett, the boy that stabbed Miss Clevie Tedder to death on February 12. The judge immediately pronounced the death sentence. Hanchett met Miss Tedder on the road and made improper proposals and when she refused him and threatened to tell, he set upon her with a knife and stabbed her sixty-three times.” Fort Wayne Sentinel.

Although this murder happened in the backwater town of Glenwood, Florida a hundred years ago, it had all the ingredients of today’s headlines: sexual violence, an incorrigible juvenile, and the age-old question of what to do with a teenaged killer.

On the morning of February 12, 1910, thirteen-year-old Clevie Tedder was riding her bicycle to school when she was attacked. Glenwood, an unincorporated town of 400 souls, was a few miles north of DeLand, home of Stetson University. Most residents worked for Bond Lumber Company.

The Tedder family was well-known and well-liked in the community. Irving Hanchett, on the other hand, was a “juvenile delinquent.” He was currently on parole from the Connecticut State School for Boys in Meriden. The sponsor of his parole, William Woolsey, owned an orange grove near Glenwood and had sent the boy to Florida for a fresh start.

An article in the Atlanta Constitution relates some of the details of the case. “A bicycle,” the article reads, “which the girl was riding, was found 100 yards from where her body was discovered, indicating that her assailant had struggled with her for this distance after knocking her from her wheel. In the body of the girl sixty-two (sic) knife wounds were counted. She was literally cut to pieces.” It was obvious to observers that Clevie had fought her attacker almost to the end. The blood trail, shoe prints, and ripped clothing strewn along the trail attested to the violence of the attack. In addition to the knife wounds, the girl had been brutally beaten.

Volusia County Sheriff E. L. Smith was called to the scene. He quickly organized a posse to search for the killer. As the searchers fanned out, the Washington Post reported that “the sheriff secured bloodhounds, and followed a trail to the orange grove of William Woolsey, where young Hanchett was employed. In the room of the boy were found bloody clothes and the knife with which the murder is believed to have been committed.” The blade was bent, and Hanchett had cuts on his hands. In addition, his shoes fit the prints of the assailant found in the sand near Tedder’s body.

Hanchett was lucky he wasn’t lynched then and there. As soon as the searchers heard that he’d been arrested, they rushed to the Volusia County jail intent on stringing him up. Sheriff Smith was barely able to avert a lynch party by sneaking the young suspect out the back door to a waiting car. He took the boy to Orlando, fifty miles south. There Hanchett was placed in a more secure jail, as much for his own protection as for that of the community.

Two months later, Hanchett went on trial. Judge Minor S. Jones, a flamboyant Confederate veteran and circuit-riding judge who had once presided over the divorce of Henry Flagler, held court. Hanchett took the stand and confessed in graphic detail to the horrific attack. It was said that he sensationalized his account in order to be found insane.

It didn’t work. Instead, he was found guilty of murder in the first degree.

A few days before Hanchett was to be hanged, the Syracuse New York Post Standard editorialized about the case: “Sentence of death for a boy of 14 (sic) seems like an outrageous working of criminal law. It is revolting to human nature to think of leading a child to the scaffold, no matter how heinous the crime, and for any other crime than that for which Irving Hanchett has been accused the courts of Florida would doubtless have refused to convict him. Concerning that crime law in the South does not claim to be judicial.” The article continues, becoming more condescending and more muddled, eventually concluding that unlike New York, Florida and Connecticut were barbaric – Florida because the state planned to hang the murderer and Connecticut because its juvenile justice system rejected “the teachings of Jacob Riis, Jane Addams, Judge Lindsay, and William R. George.”

The article never mentioned the victim’s name, nor the probability that a few years in prison was unlikely to rehabilitate the killer.

The last chapter was written by the Chicago Daily Herald in a brief, one-sentence squib: “DeLand, Fla., May 7, 1910 – Irving Hanchett, the 15-year-old Connecticut boy who was convicted of the murder of Clevie Tedder, a girl, 13 years old, near this place on the evening of Feb. 12 last, was hanged here.”

Friday, November 28, 2008

Has DNA Solved the Murder of Joanne Lynn?


As she did every weekday morning, Joanne Ena Lynn, 11, left her home at 8:00 on September 19, 1949 to walk to school. Fall had come early that year, and the trees were rust-red along State Road 15-A in Hemlock, New York. Joanne wore a blue and white candy-striped dress, a red sweater, white bobby sox, and tan shoes.

According to local reports, Joanne was described as being five feet two inches tall and weighing 118 pounds. She’d gone barely an eighth of a mile from her home when she disappeared. Two motorists said they saw a girl fitting her description walking toward a 1938-to-1940 gray sedan with Pennsylvania license plates.

The village of Hemlock lies in the Finger Lakes region of New York. Nearby Hemlock Lake is one of the smaller bodies of water in the area, best known for its land-locked salmon. A few miles south of Rochester, in the 1940s the area was mostly rural.

When Joanne didn’t return home from Hemlock Central School that afternoon, her mother contacted police. The child was described as “a normal, happy girl” who looked forward to attending the Hemlock fair on the weekend.

Search teams combed the hills and gullies and dragged the lakes surrounding the area. Spotters from airplanes looked for the girl while police bloodhounds padded through heavy forests. After four days of futility, the National Guard was called in. On September 23, guardsmen searched all day in a driving rainstorm, coming up empty.

The following morning, 14-year-old Norma Marsden was gathering butternuts four miles from Hemlock. Two hundred yards off Route 15-A, she came across the body of Joanne Lynn.

The child lay face-down in a ditch. Lt. William M. Stevenson of the Batavia State Police told reporters that she’d probably been “lured or dragged into an auto, [and] taken out of the car and shot twice as she cringed in a grove of locust trees. One bullet entered her forehead and pierced her arm as she tried to shield her face. The other entered her left breast and emerged from her back.” Both bullets were collected as evidence.

Dr. Herbert R. Brown, Livingston county pathologist, reported that there was “evidence of an attempt to rape” but that the act had not been completed. Fingernail scrapings suggested that Joanne had fought her attacker.

In a bizarre twist, even though she was clothed, Joanne’s sweater and undergarments were missing.

Livingston County Sheriff Donald McColl worked diligently on the case. Many of his efforts to solve it were innovative and forward-looking. Immediately after the abduction, McColl issued a fourteen-state alert for the suspected vehicle. He and his detectives interviewed all known sex offenders but found no suspects.

Forensics experts determined that the gun used to kill Joanne was a German Luger semi-automatic pistol. For years after the murder, every time a German-made gun was found to have been used in a crime in New York or Pennsylvania, Sheriff McColl had it tested to see if it matched the bullets collected from Joanne. None ever did.

McColl also developed a “secret witness plan.” Citizens had gathered $ 4,000 as a reward for information leading to the arrest and conviction of the murderer. McColl asked anyone with knowledge of the case to write or type that information on a sheet of white paper. Newspapers reported that “McColl suggested tipsters withhold their names but devise a combination of six or more numerals, placing the figure on two corners of a sheet and tearing off one corner, before mailing.” In this way, they could claim the reward anonymously.

Despite the efforts of police, nothing worked. The years went by and no suspect was ever developed. McColl died in 1958, still working to solve his most difficult case. After nearly 60 years, the case still remains on the website of the New York State Police.

Years later, in 1989, William Henry Redmond, a fugitive suspected in the 1951 rape and murder of eight-year-old Jane Marie Althoff was finally tracked down by Pennsylvania police. A twice-convicted child molester, Redmond had worked for much of his life at carnivals and fairs around the country. His fingerprints were found in a pickup near Trainer, Pennsylvania - Althoff’s body was found inside the truck. After he was arrested, police reported that he admitted to her murder. Unfortunately, he died of heart disease before he could be tried.

Redmond was a suspect in the murders of several other girls including Joanne Lynn. An article in the Grand Island Independent reported that “Robert Montgomery, a New York State Police investigator, wrote in an August 1991 affidavit filed in Hall County Court that his agency’s crime laboratory had established a DNA profile of the killer from samples from [Joanne's] clothing.”

The article stated that Redmond had been a suspect in the investigation since 1951. “Redmond worked before and after Joanne Lynn’s death as a ferris wheel operator and truck driver for various traveling carnivals. At the time of her death, the Hemlock Fair and Carnival was in progress six miles south of where her body was found.”

In a chilling revelation, Pennsylvania police reported that when they searched Redmond's home, they found undergarments of pre-teen girls.

Whether Redmond’s DNA matched that of the killer has never been published, as far as I can determine. If anyone has further information about this case, please contact me.

Sunday, November 23, 2008

Ruined - The Story of Francis Evelyn


False accusations. Cops and prosecutors using the power of the state to try to break innocent people. A media that won’t ask the tough questions. We’ve seen it all before: Virginia McMartin and her grandson Ray Buckey; Richard Jewel; the Duke “rape” hoax. The Evelyn case cries out for an investigation that will never happen.


On March 23, 2008, Francis Evelyn, 58, was arrested. In the late afternoon, cops arrived at his workplace, New York City’s Public School 91, placed the janitor in handcuffs and “perp walked” him to a squad car.

As he was led away, local news reporters were given a briefing by Commissioner Raymond Kelly. Evelyn, the commish said, had been arrested for the “heinous” rapes of an eight-year-old student. The attacks had occurred numerous times in a rest room in the school’s basement. “I think the [child’s] mother was told and didn’t fully believe the child early on,” Kelly said. “But evidence was developed and when the detective went to the school the other day she [the accuser] actually saw the individual and pointed him out.”

Evelyn later described his arrest: “Before they take me [out of school] I asked them, ‘What are you locking me up for?’ They said they’re taking me in for questioning. I said, ‘For what? I didn’t do nothing wrong. Why are you taking me down for questioning?’ ‘Put your hands behind your back.’ Bam! Handcuffs. That was it. The next thing I know we’re in this place, three officers questioning me, telling me I’m a liar.”

The headlines of the city's newspapers were unanimous: “Brooklyn Janitor Charged with Rape.” Television crews raced to get quotes for the six o’clock news. “How did this happen?” one parent standing outside PS 91 asked. “Where were all the adults when all of this was happening? How was a janitor able to lure this child to a bathroom?” Parents of the mostly black school threatened to pull their kids out.

Evelyn, a native of Trinidad, had no police record. The child who fingered him had initially said her attacker was white and bald. Evelyn is black and generally wears a baseball-style cap.

In the past, the child had also accused her father of sexually assaulting her. An investigation proved she was lying. Then she falsely claimed to have been raped by a classmate. The girl had made so many other unfounded accusations of sexual misconduct that even the school’s principal didn’t take her claims seriously.

In an interview a few days later, Evelyn described his ordeal at the hands of police interrogators. “I said, ‘Officer, these kids come down by twos to go to the bathroom if they get a permit...The bathroom has teachers, kids, it has [staff] from the kitchen, it’s as busy as the lunchroom.’ [Cops told me] it’ll only take you fifteen minutes to do what you have to do.”

In an unusual step, he was taken to Riker’s Island, one of the toughest prisons in the country. Corrections officers cursed him. Other inmates threatened him, calling him a baby-rapist and saying they would shank him. He was continually subjected to verbal abuse by guards and inmates.

The next day, police informed Evelyn that they’d found his DNA on the girl’s panties. They told him he was certain to be convicted and sent to prison for the rest of his life. Detectives stated that they would make sure he’d be thrown in prison with the worst of the worst. He’d be beaten and raped and maybe even murdered. But if he confessed, they’d make him a “deal.”

For two days and nights, police hammered Evelyn. Their continued leaks to the press about his alleged crimes kept the story boiling. A monster was being created by the cops and the media.

Then as suddenly as it began, it was over. Evelyn was hustled into a courtroom late one night and all charges were dropped. There had been no DNA. There was no evidence of any kind. Cops had finally got around to interviewing the accuser and found her wild tales implausible.

The media, lapdogs for a corrupt police department, finally spoke with the accused. Nancy L. Katz, a staff writer for the New York Daily News, reported: “Francis Evelyn looks at the world differently now ever since he was falsely accused of raping an 8-year-old child...[He] once walked proud, worked hard and looked forward to a peaceful retirement. Now he’s too scared to go out his front door. Five months after his face was broadcast worldwide as an accused child rapist, Evelyn, 58, can’t sleep. He can’t stop the tears. He can’t wipe away the nightmare of being arrested, jailed and wrongly accused.”

Since his ordeal, Evelyn has given several interviews to reporters. He comes across as respectful of the law, sensitive, dignified. He wonders why police didn’t investigate the child’s story before arresting him and subjecting him to such a horrendous interrogation. He is currently suing the city for ten million dollars.

Here are a few questions the New York media might ask: how many others in that precinct have been convicted based only on the testimony of one or more eyewitnesses? How many have taken plea bargains merely to stop the questioning by so-called detectives? And finally, how many more people will this little girl falsely accuse as she makes her way through life?

Tuesday, November 18, 2008

The Body in the Orange Grove


“My name is Micah Nelson and I’m currently serving time on Death Row...Despite all the harsh thing (sic) the Government may have said about Deathrow inmates we’re not all bad...” From the website of the Canadian Coalition Against the Death Penalty.


Avon Park is a small community in Highlands County, Florida. With less than 10,000 residents, the town sits near the center of the state about seventy miles south of Orlando. Many lakes and rivers make the area a sportsman’s paradise and a mild climate is conducive to its major crop: citrus.

There’s an average of only one murder a year in Avon Park.

That’s why investigators on the outskirts of town were shocked at the sight of 78-year-old Virginia Brace’s body. Micah Nelson, the killer, had led them down the sand trail to a grove of orange trees. He’d admitted breaking into Brace’s house and kidnapping and murdering her. He would not admit that he raped her but the evidence was clear as semen was discovered in and around the body. Looking down at the lifeless form, cops saw that the victim had endured a brutal attack during her last hours.

Court documents state that when found “the victim was wearing only a blue nightgown and there was a yellow powdery substance on her body around the face, mouth area, and ground.”

It had begun in the early morning of November 17, 1997. Micah Nelson left his aunt’s home after quarreling with his younger brother. A convicted burglar and sex offender, he was angry at the world. He walked through town until he came to a condominium located at 24 West Palmetto Street. A light was on in the living room and Nelson peered in.

He circled the building. All the doors and windows were locked except the bathroom window, which was cracked open. Nelson forced it all the way and entered the apartment.

Virginia Brace was a snowbird. She lived in her native New York for six months during the summer and in Avon Park for the rest of the year. That Sunday, the night before the murder, her friends Gary and Catherine Vellams had come by. They’d had dinner with their long-time friend and played cards until about nine o’clock. When they unsuccessfully tried to reach Brace the next day, they filed a missing persons report.

Brace was sleeping when Nelson broke in. Her glasses and hearing aids were on the nightstand next to the bed. Money she’d withdrawn from the bank was in her purse.

As he prowled the house, Nelson accidently kicked a table in the bedroom. Brace awoke and screamed.

Nelson pounced on the helpless woman. DNA tests later revealed that he raped her. After the assault, he forced her into the trunk of her car, a blue 1989 Ford Marquis. Nelson drove aimlessly, finally ending up in an orange grove in nearby Polk County. He later told investigators he planned to kill Brace and hide her body there. But while driving down the sand trail he got stuck.

At about 9:30 a.m., Nelson called a towing company. Steven Weir drove to the orange grove with his tow-truck and began to hitch the chains to the car. As he did so, he heard thumping in the trunk. Weir later testified that when he asked Nelson what was in there, he was told it was a dog. Then Nelson quickly turned the radio up. It blasted rap music so loudly that Weir couldn’t hear any other sounds coming from the trunk.

After being pulled out of the sand, Nelson sped off without even thanking Weir. He drove to another orange grove, this one near South Lake Buffam Road. Nelson dragged Brace from the trunk. According to court records, the ex-convict said he “started choking her [but she didn’t] lose consciousness. He became scared and started twisting her neck. She didn’t pass out so he returned to the vehicle and obtained the fire extinguisher. Nelson returned to the victim, stuck the nozzle of the hose in her mouth and sprayed two or three times; then he went back to the car and got the tire iron. He tried to push the tire iron into her mouth [and] she tried to push it out.” Nelson eventually used the tire iron to strangle Brace to death.

The white powdery substance on Brace’s face that investigators saw when they first arrived at the orange grove was the dried foam from the fire extinguisher.

Nelson was quickly arrested. The evidence was overwhelming. Steve Weir and a co-worker identified Nelson as the man whose car they’d pulled out of the orange grove. Numerous fingerprints that were identical to Nelson’s were found in Brace’s house and car. His DNA matched semen stains found on a bedspread in Brace’s bedroom and in her vagina. Shoe prints in the sand matched his shoes. He admitted the crime and led police to Brace’s body.

As a juvenile, Nelson had served time for incest. In 1995, he was sentenced to five years in prison for a series of burglaries. Even though he escaped from the county jail and was convicted of that crime as well as the burglaries, Nelson was released from state prison after serving less than two years of his sentence.

At trial, he was convicted of the first degree murder of Virginia Brace. The jury also tacked on guilty verdicts for kidnapping, grand theft, and burglary. He received the death penalty plus four consecutive life terms.

Thursday, November 13, 2008

The Smallest Victims by Robert A. Waters


Here are three unsolved mysteries, three child abductions that brought unimaginable horror to parents, relatives, and communities. As the years pass and merge into decades the murderers may still live among us. Will there ever be justice for the smallest victims?

Amber Hagerman. On Saturday, January 12, 1996, nine-year-old Amber and her brother Ricky rode their bicycles around a quiet neighborhood in Arlington, Texas. As Ricky veered away from Amber to return home, a pickup truck drove up and stopped beside her. A man got out, sprinted directly to Amber, grabbed her, and pushed her into the truck. In seconds, she was gone.

From nearly a football field’s distance away, a neighbor saw it happen. He immediately called 911, then ran to tell Amber’s family. As cops swarmed into the area, her grandfather, Jimmie Whitson, jumped into his car and raced to the spot where the pickup was last seen. The only thing he found was a discarded bicycle, looking oddly out of place with no child around.

Cops and volunteers mounted a massive ground-search while detectives grilled hundreds of workers at a nearby General Motors plant. Known sex offenders were rousted from their homes and jobs and interrogated. Amber’s mother appeared on local television shows to plead for her daughter's safe return. “Please don’t hurt my baby,” Donna Hagerman cried. “She’s just an innocent child. Please, please bring her home safe.”

It was not to be. Four days later, Amber’s body was found in a creek a few miles from her home. Her throat had been slit from ear to ear. Autopsy results indicated that she’d been held captive for two days. The child was a victim of a brutal sexual assault.

Police never developed any real suspects. They believe the abduction was a random, opportunistic crime. The FBI delivered its usual profile that could have fit half the men in Texas. After years of frustration, Amber’s grandmother, Glenda Whitson, told reporters that investigators "really don’t have much to go on. [They just have] a few fibers they found on her body...”

The only good thing to come out the tragedy was the development of the Amber Alert program. Since its inception, the system has been responsible for bringing home nearly 300 abducted children.

Brittany Locklear. On the morning of January 7, 1998, five-year-old Brittany was waiting alone at her school bus stop in rural Hoke County, North Carolina. Her mother usually watched from the porch of her house until her daughter got on the bus. But on this day, she stepped back into the house for a moment. Just that quick, Brittany was gone. Connie Locklear-Chavis will never forget that day. As cops and volunteers launched a desperate search for the girl, Locklear-Chavis fell apart. It got worse the next day when Brittany’s body was found three miles away. She’d been raped, then drowned.

Neighbors had seen a pickup truck in the area, but each witness had a different description of it. It was never found. No real leads were ever developed in the case. In fact, an investigator recently said, “I’m not sure if I know of a magic bullet that will solve this case. Time is our enemy.” Another investigator said, “This thing is eating at someone.”

A guilty conscience or a deathbed confession may be the only hope of ever finding out who murdered Brittany. “She loved everyone,” Locklear-Chavis said. “She didn’t have no faults with anyone. And, Lord, she loved going to church.” A local newspaper recently reported that “ceramic angels surround a vase at the end of her family’s driveway [near where Brittany was abducted]. They smile, hands folded in prayer, reminding Brittany’s family of the angel they’ll never see again.”

Tracy Marie Neef. It’s been 24 years since seven-year-old Tracy walked into Bertha Heid Elementary School in Thornton, Colorado and disappeared. Actually, she never made it into the school. She was dropped off by her mother and walked through the gate leading to her classroom. But she was ten minutes late and the doors to the building had been locked. As she wandered around trying to find a way inside, she was kidnapped.

Later that day, Tracy’s body was found near Barker Reservoir in Boulder County. Her books and other items were scattered beside her. According to a recent article in the Denver Post, Tracy “had a scratch on her right cheek and one above her left eye that appeared to be caused by a fingernail. The marks may have been caused as the kidnapper tried to control Tracy after pulling her into his car. [She had] ligature marks on both wrists indicating she’d been tied with a rope or cord.” She was still dressed in jeans and a t-shirt. She’d been molested but not raped.

All signs indicate that this was a spur-of-the-moment abduction that quickly went bad. Investigators believe the kidnapper tied a coat-strap over Tracy's mouth so tight that it accidently suffocated her. After that, he panicked and drove as fast as he could to a secluded area where he quickly dumped her body.

Unfortunately, much of the evidence police gathered has been lost or contaminated over the years. Her frustrated father, Gary Neef, recently said, “Now with no DNA we’ll never know who did it unless the killer confesses.”