Choking seen as prelude to murder

6/24/2010

By Marisol Bello, USA TODAY

More states are trying to reduce fatal domestic assaults by increasing penalties against abusers who choke their victims.

New Hampshire and Delaware in May become the latest states to pass laws making it a felony to choke someone. A similar law that passed both houses of the New York Legislature this month awaits the signature of Democratic Gov. David Paterson.

States are targeting choking incidents because when an abuser tries to strangle someone in a domestic assault, it is a leading indicator that he will escalate his attacks and eventually kill his victim, says Gael Strack, a former prosecutor and founder of the Family Justice Center Alliance, which helps abuse victims.

Strack says states also need to train officers and prosecutors to look for evidence of strangulation, which can be hard to prove without bruises on the victim.

A 2008 study in the Journal of Emergency Medicine found 43% of women who were murdered in domestic assaults and 45% who were victims of attempted murder had been choked in the past year by their male partners.

Twenty-nine states have laws that make strangulation a crime, says the National Center for Prosecution of Child Abuse, a program of the National District Attorneys Association.

New Hampshire passed its law after Melissa Cantin Charbonneau, 29, a mother and nurse, was killed by her husband two days after he tried to strangle her.

Jonathan Charbonneau, 32, shot and killed her in October. He also shot his father-in-law and then killed himself, a report by the state attorney general found. He was out on $30 bail after being charged with a misdemeanor for throwing her down a flight of stairs and trying to strangle her.

Her father, John Cantin, who survived the shooting, says his daughter would still be alive if her killer had been in jail, charged with a felony.

“I’m doing this for my daughter,” he says. “I don’t believe this bill will stop the person doing the choking, but at least when it does happen and they are arrested, they are put away.”

In Delaware, two state troopers who tracked domestic abuse cases found that over a four-month period, more than half of the cases in one county involving strangulation were prosecuted as misdemeanors, says Brian Selander, a spokesman for Democratic Gov. Jack Markell. The troopers pushed for the new law, which carries a penalty of up to five years.

In New York, Democratic State Sen. Eric Schneiderman introduced a strangulation bill after chairing a commitee that investigated a state senator for domestic abuse. During the hearings, he learned there was no penalty for strangulation, even though women who were choked have a higher risk of being killed by their partner.

“I’m just sorry it took us so long in New York state to do this,” he says. “I think this will save a lot of lives.”

Time to start making plans for the march coming up on the 26th of September in New York City.  Please watch here and on bridesmarch.com for updates on the march for this year.  Gladys is pictured in the banner below to the left. She was murdered by an ex-boyfriend just hours before the ceremony while she was taking pictures in her wedding dress.

Gladys Ricart

On the afternoon of Sunday, September 26, 1999, Gladys Ricart, 39, native of the Dominican Republic and resident of Ridgefield, New Jersey, was preparing for the happiest day of her life—her wedding day. Dressed in a beautiful white wedding dress, Gladys handed floral arrangements to her nine bridesmaids and three flower girls while she posed for pictures and a video of the joyful occasion was being taken.

It was at the moment that Gladys’ ex-abusive boyfriend, Agustin Garcia, who she had dated for about six years and had broken up with nine months earlier, arrived at the house uninvited.

Garcia stepped out of his car, walked calmly past several dozen people gathered outside and stormed into Gladys’ home. He entered the living room where Gladys’ was posing for pictures and without uttering a single world, pulled from his suit pocket a .38-caliber Smith & Wesson revolver and with the room full of teenagers and children, he started shooting at Gladys.

The gunfire sent the houseful of horrified guests scrambling for cover, jumping out windows, hiding in closets and running outside and down to the basement. After firing four shoots, one hitting Gladys in arm and another in the back, Gladys’ middle-age brother tried to restrain Garcia but, as they struggled, Garcia shot Gladys a third time, this time in the head at close range as she lay on the floor.

When the police arrived several minutes later, Garcia and Mr. Ricart were still tussling over the gun. During the struggle Garcia tried to reload, and after his arrest, the police found six bullets in his pocket.

Garcia was arrested at the scene, was charged with murder, and his bail was set at $5 million. Judge William C. Meehan called the shooting a ”horrendous event.” He added: ”This should have been one of the happiest days of her life. Instead, it was the last day of her life.”

An autopsy showed that bullets struck Ms. Ricart in the right arm, back and head, and that she died instantly. A week later, Gladys’ family and fiancé flew to the Dominican Republic, where she was buried in the town of her birth, Tamboril, dressed in her wedding gown.

During arraignment Garcia’s defense attorneys were considering a defense of self-defense saying that the shooting started after Gladys brother and son grappled with him after Garcia entered the house. Later they announced they planned to argue that the shooting had occurred in the heat of passion counting on the 1992 New Jersey appeals court ruling that a murder suspect could not be convicted of murder unless the state first proved the crime was not one of passion. Under New Jersey law, juries can convict murder suspects of the lesser crime of manslaughter if jurors believe the killing was committed ”in the heat of passion resulting from reasonable provocation.” The defense claimed that there were two provocations to satisfy the legal prerequisite of a crime of passion: Gladys’ ”betrayal” and the grappling with her brother.

On October 3, 2001, the murder trial of Agustin Garcia began. And after two weeks of testimonies where approximately a dozen witnesses testified to Garcia’s obsession and staking of Gladys Ricart and the events of that September 26, 1999, on Friday, October 19, 2001, the 12 jurors were given instructions.

State Superior Court Judge William C. Meehan instructed the jurors that they could convict Garcia, 49, of the lesser charge of manslaughter. But, he said, the jurors could do so only if prosecutors failed to disprove four points: that Mr. Garcia was provoked; that the provocation impassioned him; that he did not have time to calm down; and that he did not calm down before firing the three shots that killed Gladys Ricart.

On Monday, October 22, the jury rendered a guilty verdict of murder.

On February 2, 2002 Agustin Garcia was sentenced to life in prison. The sentence exceeded the mandatory minimum of 30 years in prison. Garcia, 49, will be able to seek parole after 30 years.

Gladys Ricart’s family and friends thank Fred L. Schwanwede, the first assistant Bergen County prosecutor, the detectives of the Bergen County Prosecutor’s office, Judge William C. Meehan and the jurors for the successful prosecution and conviction of Agustin Garcia.

Wedding Dress

Why We March in Wedding Dresses?

Throughout history, the wedding dress has been a special symbol for a very special and important public occasion—a union between two people preparing to start a new life together. The expectations are for a life of commitment, happiness, honor and respect. A Bride-to-be, along with her family and friends, devotes an enormous amount of time and dedication to selecting the perfect dress that will personify her love for her husband-to-be and her expectation of an everlasting love and nurturing relationship. We recognize that in our societies the wedding dress is a sacred symbol of matrimony and acknowledge all the things it represents to a bride-to-be.

For women who have experienced some form of domestic violence, their wedding dress no longer signifies what it did on the day it was first worn because the abuse destroyed those dreams of shared love, honor, respect and a happy home.

The murder of Gladys Ricart, in her wedding dress, concretized for us the brutal consequences and horror of domestic violence. Often, at the end of the Brides’ march, which winds through the streets of several neighborhoods, the wedding dresses worn by the marchers are dirty and tattered, similar to how a woman feels when there is violence in her life.

Donate your Wedding Dress

If your wedding dress no long represents what it did to you the day you first wore it, you can support the Mission and Goals of the Brides’ March by donating it. A fellow marcher will wear the dress as she symbolically takes a stand against domestic violence. Please note that the donation of wedding dresses is tax-deductible, and a donation acknowledgment certificate—for tax purposes—will be provided. To donate your wedding dress, please email: BridesMarch@aol.com

Want to March in a Wedding Dress but don’t have one?

We have a limited number of dresses and they are available on a first-come, first-get-one basis. We cannot reserve or guarantee that a dress in your size will be available on the day of the March. You can let family, friends and colleagues know that you are looking for a wedding dress they may want to donate. You can also visit thrift shops, flea markets, Good Will shops, yard sales and dry cleaners. If the price is not reasonable, explain what the dress is for and ask for a discount or suggest they donate the dress to us in your name and guide them to our website. You can also try posting on social boards on the internet.

If you have other ideas that might be helpful in locating and obtaining wedding dresses please share them with us.

Another lazy, biased, corrupt judge lets an abuser have visitation with young son he is abusing, and threatens to take custody from the mother if she complains anymore about it. Judges that do this deserve the death penalty. Fire them, send them to court and convict them, and sentence them to death. That is what they do to these children when they tell mothers they are lying, and order the children to go with the abusive father.

Another San Bernadino County mother has lost her child.  Andrea Gallegos’s little son Isaac, lost his life at the hands of his abusive father, Alex Baeza.

You would think San Bernadino County judges would be extra careful about this, given that three judges in the area ultimately were involved in the death of Katie Tagle’s son Wyatt just six months ago.

And THEN some smart-assed academic, University of San Diego’s Robert Fellmeth, claims false allegations are frequent.  Grrrrr, this guy is an idiot.  Doesn’t he know that the American Bar Association (and others) found that false allegations are rare in custody cases.  It is attitudes like this that give a pass to everyone involved, but mostly the judge who could have stopped the abusive situation right there and then, instead of blaming the mother:

Family courts can often overlook signs of abuse because false allegations are frequent in embattled custody cases, Fellmeth said. But the courts should not deem an allegation false, solely based on whether a detective planned to file a case, he said.

Here is the portion of the article where the judge threatens the mother. Grrrrrrrrrr:

“Your honor, I fear for my son, he came back with all the bruising,” Gallegos said, according to court transcripts, not finishing her sentence.
“I already made my order OK?” Pacheco said. “I talked to the detective; the detective talked to the doctor. I’ve done my investigation, I feel very confident this man did not hurt his son all right? …
“I think you’re overreacting all right? Now, if you continue to act this way… I’ll have to take custody away from you and… I will give custody to the person that is most willing to cooperate with the other parent, and giving them custody OK?” Pacheco said, according to court transcripts.
“I understand you want to protect your child, and that’s fine. That’s the way moms are, and dads too. But I don’t see anything here to stop him from letting him see his son OK? I really don’t.”
Pacheco ordered the mother to continue allowing overnight weekend visits between the toddler and his father and threatened to take away custody if she made additional allegations against the father.

Issac suffered his last injury which proved to be fatal on April 11th.  Read the court transcript here. Read the rest of the story at Dastardly Dads. I am heartbroken.

Little Issac Gallegos, may he rest in peace.

]]> http://rightsformothers.com/2010/08/04/another-father-murders-child-on-court-ordered-visitation-in-san-bernadino-county-california/feed/ 3 http://rightsformothers.com/2010/07/12/rough-weekend-again-seven-more-murder-suicides-in-the-news-yesterday-women-children-and-a-man-are-killed/ http://rightsformothers.com/2010/07/12/rough-weekend-again-seven-more-murder-suicides-in-the-news-yesterday-women-children-and-a-man-are-killed/#comments Mon, 12 Jul 2010 10:59:02 +0000 Nancy Carroll http://rightsformothers.com/?p=8661 May all these dear victims rest in peace:

Dallas, NC:

7-year-old Destiny Minter still in critical condition at hospital

A 7-year-old girl who police say was shot in the head by her father Friday continues to fight for her life in a hospital trauma center.

Destiny Minter was still listed in critical condition Sunday night at Carolinas Medical Center. She is the only survivor of an apparent murder-suicide that left her parents and two siblings dead Friday, in an incident that has shaken the Dallas community where the shooting occurred.

Gaston County police say Austen Blake Minter, 25, shot his wife, Tracy Lee Hedgepath, 24, and their three children, Austen Blake Minter II, 6, Serenity Tyvone Minter, 3, and Destiny Miller, before turning the gun on himself.

The shootings occurred between midnight Thursday and 1 p.m. Friday in the kitchen of the family’s home at 1303 Dean Drive near Dallas, according to police. Destiny was still alive when her grandparents came to the home to check on Hedgepath, who had not shown up to work at Kmart in Gastonia that day.

Detectives continue to believe that Destiny may offer the best hope of understanding what led to Friday’s murder-suicide. Capt. Joe Ramey of the Gaston County Police Department said they plan to interview the girl when her condition improves.

Destiny was in the home surrounded by her dead mother and siblings for several hours before her grandparents arrived, but may have been incapacitated or unconscious for part of the time, according to police.

Detectives say Hedgepath was about three months pregnant with her and Minter’s fourth child.

Police say Austen Minter had a history of domestic violence complaints. Arrest records show he was charged twice in 2008 with violating a domestic violence protective order and had also been charged with domestic criminal trespassing and assault on a female.

Ramey said Hedgepath had applied for a domestic violence protective order in 2008, but she had never completed the process to have the order enforced.

Tracy Hedgepath

New Orleans, LA:

New Orleans Police Department are investigating a murder-suicide

Members of the New Orleans Department are investigating the shooting death of a 34-year old female and the shooting of a 37-year-old male. The names of the victims are being withheld pending notification of family members. The offense occurred shortly after 6:00 P.M., in the 2400 block of Independence Street.

According to Investigators, Fifth District officers received a call of a “shooting” and upon their arrival, located the male and female in front of a residence suffering from apparent gunshot wounds to their bodies. Emergency medical technicians arrived on the scene and pronounced the female dead. The male was transported to a local hospital where he later died.

The preliminary investigation indicates and has been determined that the male and female were estranged husband and wife. It is believed that the two were in front of the residence when the male shot his estranged wife and then shot himself. A revolver was found lying next to the man when Fifth District officers arrived on the scene.

Detroit, MI:

Three shot on Detroit’s west side

Three people were shot on Detroit’s west side Sunday afternoon, Detroit police said, in an apparent murder-suicide attempt.

Before turning the gun on himself, a 43-year-old man shot his 34-year-old ex-girlfriend and her 18-year-old son inside her home on the 14500 block of Burt Road.

The woman is in an area hospital in critical condition. Her son, who was shot in the leg, is also hospitalized in temporary serious condition.  The shooter died.

Phoenix, AZ:

Man Shoots Girlfriend in Front of Children

A woman was shot in front of two children in an attempted murder-suicide on Sunday, according to police.

Police said the shooting appeared to be a case of domestic violence. They said a man shot his alleged on-again, off-again girlfriend before turning the gun on himself.

The man went to his girlfriend’s apartment in the 5100 block of N. 40th Street and shot her in front of two children, police said. One child belonged to the girlfriend, and the other child belonged to her friend.

The children were not injured. The woman was transported to a local hospital for treatment with a lower extremity, non-life-threatening injury.

Police said after shooting his girlfriend, the man went outside and shot himself. He died at the scene.

Henderson, TN:

Police say couple in West Tennessee are dead in apparent murder-suicide

HENDERSON, Tenn. (AP) — Police in West Tennessee say a husband and wife have been killed in an apparent murder-suicide.

The couple were found dead in their home on Lott Road in Chester County. Chester County Sheriff’s deputies responded to the call around 8:15 a.m. CDT on Saturday.

Sheriff Blair Weaver declined to identify the couple.

Neighbors told The Jackson Sun they didn’t hear the shootings and weren’t alerted until the couple’s 6-year-old son knocked on a door because he couldn’t get into his house.

No names had been released as of Sunday night, and police were continuing the investigation.

Mayfield Heights, OH:

Two die in apparent hospital murder-suicide

MAYFIELD HEIGHTS — Police say a husband and wife died in an apparent murder-suicide shooting at an Ohio hospital.

Police responded to a report of gunfire at Hillcrest Hospital in Mayfield Heights about 9 p.m. Friday.

The couple were identified as Albert and Dorothy Milstein of Lyndhurst. Both were 77.

Hospital officials said in a statement that no other patients or visitors were injured.

Few other details have been released. Authorities haven’t said why the Milsteins were in the hospital or what may have caused the shootings.

The hospital is owned by the Cleveland Clinic.

Athens, AL:

Limestone County Sheriff’s Deputies Investigate Murder-Suicide

ATHENS, AL – The Limestone County Sheriff’s Office says two people are dead. They say they are investigating one tragedy involving two crime scenes. It happened some time after 1:00a.m. Sunday on Huntsville-Brownsferry Road in Athens. Sheriff’s deputies say the name of one of the people killed is Clint Roberts. He is 23 years old. The Limestone County Sheriff’s Office says another man broke into Roberts’ home, killed him, and then killed himself at another location. The accused shooter is also 23 years old.

Billy Carter is a cousin of Clint Roberts.  “He’s a pretty good boy. He’s a hard-working boy,” said Billy Carter.

Roberts was found dead inside his mobile home.  The sheriff’s office says Roberts died from multiple gunshot wounds. They say the weapon used was a 12-gauge shotgun.

Carter lives next door to his cousin.  “I just saw all the sheriff’s deputy cars out there this morning about 1:30,” added Carter.

Investigators say the suspected shooter forced his way into the home through a back door. They say he then left the scene in his truck, ran off the road, and traveled about 100 feet before hitting a utility pole.  “I knew something was happening, but I didn’t know what. I saw the tape around the house,” added Carter.  Sheriff’s deputies say the young man they believe pulled the trigger was unable to back the truck out, and shot himself.

Carter says it’s tough finding out his cousin and neighbor was killed.  “Oh yeah, it just tore me up you know. Something like this, it sure did,” added Carter.

The name of the accused shooter has not been released, but we’re told he lived on Shaw road in Athens with his father.

The Limestone County Sheriff’s Office says the shooting was part of a child custody dispute between Roberts and his ex-wife.  Investigators say a woman witnessed the shooting. She was taken into protective custody for questioning.

Louisburg, Kansas:

Deaths Ruled a Murder-Suicide

The Louisburg Police Department and Miami County Sheriff’s Office are investigating the deaths of a man and a woman in the 200 block of North Fifth Street in Louisburg

A weapon was found near the bodies of Tim and Danielle Lomax when local authorities arrived at their home Wednesday morning. Louisburg Police Chief Ron Anderson confirmed that the incident was believed to be a murder-suicide and said Tim Lomax shot his wife before turning the gun on himself.  The chief also confirmed that Danielle had filed for divorce, which authorities speculated might have been part of the motive.

Anderson said a text message was sent to the couple’s babysitter asking her to pick up their children at the house. Moments after leaving the residence to walk the children back to her house, the babysitter heard shots fired and called the police.

The call was received at 7:39 a.m., and law-enforcement officials quickly evacuated as much of the South Trails subdivision as they could.

A program called CodeRED was used, which can send text messages and phone calls to residents in targeted areas. Nobody in the subdivision had registered for the program, which can be done at www.miamicountyks.org by clicking on the CodeRED link on the right side of the page.

The Herald was told that the Lomaxs’ neighbors reported several instances of domestic disturbances in the short time the couple lived in the subdivision.

Exeter, New Hampshire:

Exeter couple’s deaths called murder-suicide

Authorities said they were investigating an apparent murder/suicide involving an Exeter couple at a mobile home park yesterday.

Exeter police found the bodies of William Burke Sr., 67, and his wife, Judith, 66, at the Hayes Trailer Park about 3:15 p.m., according to the state Attorney General’s Office.

The state medical examiner’s office will be performing autopsies to determine their precise cause of deaths.

Authorities provided no other details.

Orange County, Florida:

UPDATE: Murder, suicide in South Orange County

Orange County deputies are investigating the deaths of a man and a woman found inside a home in the Hunter’s Creek area.

Deputies found the bodies of Jose and Aida Duran in the Falcon Trace subdivision Tuesday morning after someone called in to request a wellness check.

The Orange County Sheriff’s Office was requested to conduct a check on the well being of a married couple. The request was made by their son, who lives with them.

When deputies arrived, they discovered Mrs. Duran was the victim of a homicide. The suspect, Jose Duran, also found in the residence, was deceased from what appeared to be a self-inflicted injury.

Opelousas, Louisiana:

Murder-Suicide In Opelousas UPDATE

Police in Opelousas say Tuesday morning’s violence on Park Avenue was a murder suicide.

According to police, 31 year old Broderick Francis went to the trailer home of his ex girlfriend 26 year old Ranette Thibodeaux, broke in through a window, shot her in the head–then himself.

Police say the couple had a history of arguments and Broderick was charged for battery back in 2005.

Relatives tell KATC Thibodeaux had even recently changed the locks on her house, out of fear her ex might try to hurt her.

Neighbors and police officers swarmed the area of Park Ave around the trailer home.

Police say the couple had two children, but the kids were not home at the time of the shooting.

Toronto, Ontario, CA:

Murder-suicide suspected in rooming house fire

A 24-year-old woman pulled from a burning rooming house on Friday, July 2 is a victim of homicide.  Police said the woman was murdered during a fire at 502 Huron St. near Bloor Street and Spadina Avenue.  She was taken to hospital where she died of stab wounds and burns.  Police didn’t release the woman’s name.

She was reportedly going into her third year at Ryerson University.

A 27-year-old man was also injured.  Fashar Badakhshad suffered burns to 80 per cent of his body and was taken to hospital where he remains in critical condition.  “He’s been unconscious since the incident,” said Det. Scott Whittemore, adding the investigation is pointing to a murder and attempted suicide.

Badakhshad is considered a person of interest in the case.  Toronto Fire Services Capt. Mike Strapko said the blaze broke out shortly after 10 a.m. and was put under control by firefighters within 15 minutes.  “It’s a licensed rooming house. The fire alarm system was operational,” he said.  There were 10 fire trucks at the scene.  Police are appealing for help in identifying Badakhshad’s next-of-kin.

Newport News, Virginia:

Spurned love preceded killings?  Newport News man says goodbye on Facebook before murder-suicide

NEWPORT NEWS — Hours before police say Mark Anthony Adoremos shot dead his girlfriend and then himself, he said goodbye on his Facebook page.

“Good bye to all me friends all my family I love all yall please don’t judge me for what I’ve done just remember all the good times we had,” Adoremos wrote Sunday afternoon.

Four hours later, Jasmine Williams, 22, was found shot to death at The Harbours apartment complex on Waters Edge Drive. Police found Adoremos’ body on the second floor of one of the apartment buildings. Witnesses told police the two were ending their relationship.

Alton, Illinois:

Alton couple’s deaths considered murder-suicide

ALTON • A man and his ex-wife were found dead in an apartment in the 1100 block of Washington Avenue on Monday night in what police believe was a murder-suicide.

Officers responding to a report of an argument and gunshots about 8:41 p.m. looked through a window, saw a woman’s body and heard another shot, Police Chief David Hayes said.

Inside, they found the bodies of Matthew Eubanks, 47, who lived at the address, and Jennifer Eubanks, 43, of the 2100 block of Flight Drive in Florissant. Hayes said it appeared that Matthew Eubanks shot his ex-wife several times then killed himself with the same handgun as police arrived. The couple were married for 25 years, had separated about a year ago and had been divorced for about six months, Hayes said.

When the police arrived at Bradley Waldroup’s trailer home in the mountains of Tennessee, they found a war zone. There was blood on the walls, blood on the carpet, blood on the truck outside, even blood on the Bible that Waldroup had been reading before all hell broke loose.

Assistant District Attorney Drew Robinson says that on Oct. 16, 2006, Waldroup was waiting for his estranged wife to arrive with their four kids for the weekend. He had been drinking, and when his wife said she was leaving with her friend, Leslie Bradshaw, they began to fight. Soon, Waldroup had shot Bradshaw eight times and sliced her head open with a sharp object. When Waldroup was finished with her, he chased after his wife, Penny, with a machete, chopping off her finger and cutting her over and over.

“There are murders and then there are … hacking to death, trails of blood,” says prosecutor Cynthia Lecroy-Schemel. “I have not seen one like this. And I have done a lot.”

Prosecutors charged Waldroup with the felony murder of Bradshaw, which carries the death penalty, and attempted first-degree murder of his wife. It seemed clear to them that Waldroup’s actions were intentional and premeditated.

“There were numerous things he did around the crime scene that were conscious choices,” Lecroy-Schemel says. “One of them was [that] he told his children to ‘come tell your mama goodbye,’ because he was going to kill her. And he had the gun, and he had the machete.”

There was no question that Waldroup was guilty, he admitted it.  The question was why…so the defense team reached out to Bernet for excuses answers:

Since 2004, Dr. William Bernet of Vanderbilt University and laboratory director Cindy Vnencak-Jones have been analyzing the DNA of people like Waldroup. They’ve tested some 30 criminal defendants, most of whom were charged with murder. They were looking for a particular variant of the MAO-A gene — also known as the warrior gene because it has been associated with violence. Bernet says they found that Waldroup has the high-risk version of the gene.

“His genetic makeup, combined with his history of child abuse, together created a vulnerability that he would be a violent adult,” Bernet explains.

Over the fierce opposition of prosecutors, the judge allowed Bernet to testify in court that these two factors help explain why Waldroup snapped that murderous night.

“We didn’t say these things made him become violent, but they certainly constituted a risk factor or a vulnerability,” Bernet says.

Bernet cited scientific studies over the past decade that found that the combination of the high-risk gene and child abuse increases one’s chances of being convicted of a violent offense by more than 400 percent. He notes that other studies have not found a connection between the MAO-A gene and violence — but he told the jury that he felt the genes and childhood abuse were a dangerous cocktail.

“A person doesn’t choose to have this particular gene or this particular genetic makeup,” Bernet says. “A person doesn’t choose to be abused as a child. So I think that should be taken into consideration when we’re talking about criminal responsibility.”

Prosecutor Drew Robinson brought in his own expert:

To rebut Bernet’s testimony, Robinson called in his own expert: psychiatrist Terry Holmes, the clinical director of Moccasin Bend Mental Health Institute in Chattanooga, Tenn. Holmes urged the jury to ignore it.

“This was somebody who was intoxicated and mad and was gonna hurt somebody,” Holmes says. “And it had little to nothing to do with his genetic makeup.”

Holmes says it’s way too early to use this research in a court of law. And he believes Bernet is spinning the data.

In the end, the jury bought Bernet’s testimony. Waldroup walked away with a conviction for voluntary manslaughter instead of first degree murder, with 32 years in prison instead of a potential death penalty.

Family members wait for the verdict.

So again, what Bernet seems so good at, is coming up with reasons to excuse what abusers do. Something to cover their asses, while a few bucks are made for “expert testimony” services.

What would really be noble is if Bernet would promote this “warrior gene” test for a prerequisite to get married.  Identify the murderous, abusive assholes before we commit to them.  This may save countless women and children’s lives….oh wait, that would cut into their “parental alienation disorder” business. Well, it was a good idea at least…

To listen to the National Public Radio story on this (WARNING: Graphic descriptions of violence) and read original story, please click here.

Shared parenting DOES NOT WORK with abusers.  For research on this, look at the new document I posted from Australia last night that chronicles the problems since they instituted mandatory ”shared parenting.”

I believe in sharing parenting, where if dad took care of the kids more, he should continue; if mom took care of the kids more, then that too should continue.  (And no, don’t use that ‘men have to work’ argument, because moms do too).  No parent should cut another parent out of the children’s lives.  Abuse trumps this though.

NM man in murder-suicide had order against him

The Associated Press
Posted: 06/23/2010 03:35:04 PM MDT

SANTA FE, N.M.—A northern New Mexico man who authorities say killed his two sons and himself had “excessive anger,” his former wife wrote in a request for a restraining order 4 1/2 years ago.

Paula Martinez said in her Dec. 27, 2005, application for a restraining order against Melvin Martinez that he was threatening to take the boys away.

State police have said all evidence at the La Puebla home where the bodies were found Monday shows the 44-year-old father shot 12-year-old Derek and 10-year-old Devin with a handgun, then killed himself.

In a restraining order petition section asking what threats caused her to fear she might be injured, Paula Martinez listed “excessive anger, obsessiveness, threats, belittling (and) bad mouthing.”

State District Judge Raymond Ortiz granted the restraining order on Jan. 10, 2006. He later extended it to January 2008, but a motion filed in November 2007 canceled it.

Paula Martinez also told the court that “Melvin suffers from severe depression and obsessive compulsive disorder. He obsesses about everything. He makes mountains out of mole hills.”

Her petition said Martinez continuously belittled her, and once created a scene during a meeting with the older boy’s principal in which he was “full of anger” and “making comments on how stupid I was.”

Paula and Melvin Martinez were married Aug. 25, 1992, and divorced in October 2005, according to court records. The custody agreement over their sons had the boys spending time at both parents’ homes.

State police Lt. Eric Garcia said Wednesday autopsy results on the father and sons are expected Friday or Monday.

He said all three bodies were found lying on the same bed, with the father between the boys.

A next-door neighbor, Flossie Montoya, told the Santa Fe New Mexican she saw Melvin Martinez mowing his lawn and getting rid of tree branches Sunday afternoon, Father’s Day.

She said she wondered the next morning why he did not leave at his usual time for his job with the state Department of Transportation.
———
Information from: The Santa Fe New Mexican, http://www.sfnewmexican.com

Well, days later, in good ole’ Massachusetts, another father did his family in, and I thought of Barbara.   Yep, this is probably all a setup to make another father look bad….more false allegations.

Puke.

From Fox News:

Prosecutors Say Blunt Force, Sharp Objects Killed Family

June 17, 2010 – 7:51 PM | by: Molly Line

Prosecutors say the man accused of killing his family in a quiet Boston suburb used blunt force trauma and sharp objects to commit the murders. He then left two notes in the home confessing to the crime before fleeing.

Thomas Mortimer, IV, 43, was apprehended by members of the Bernardston Police Department in western Massachusetts, more than 100 miles from the house he shared with his wife, children, and mother-in-law in Winchester.

The bodies of the victims, two-year-old Charlotte Mortimer, her brother 4-year-old Thomas ‘Finn’ Mortimer V, their mother Laura Stone Mortimer, 41, and her mother, the children’s grandmother, Ragna Ellen Stone, 64, were found late Wednesday morning following a forced entry well-being check conducted at the family residence at 2 Windsong Lane.

Prosecutors say the murder was preceded by a fight between the suspect and his wife and that “ongoing marital discord” may help explain motive.

Releasing grisly new details in a press conference, Middlesex District Attorney Gerard Leone described the disturbing sight that first responders came upon as they entered the home.

“The medics found blood inside of the right entrance to the home which is next to the garage,” said Leone. “As they went further into the home what was revealed was the first extremely disturbing observation which was 4-year-old ‘Finn’ and his mother both lying in a pool of blood inside of the hallway of that home.”

They continued into the hallway and there they found the body of Ragna Ellen Stone just off to the side in the living room “bloodied, obviously dead at that time and covered by the oriental rug which had been usually placed in the front hall inside of the front door.”

Police continued to follow the evidence, tracing blood up to the second floor.

“That blood splatter and that blood trail led them to two-year-old Charlotte’s room where she was found dead in her crib in a pool of blood,” said Leone.

Upon a further search of the home investigators discovered two letters. One letter was hand written, left on a coffee table. Another identical letter, in typed form, was found in the kitchen.

Paraphrasing the letters, Leone says the defendant wrote “I did these horrible things. What I’ve done is extremely selfish and cowardly. I murdered my family.”

Apparent weapons have been seized from the home and prosecutors say there are signs Thomas Mortimer, IV, may have attempted to commit suicide.

The defendant will be arraigned tomorrow morning in Woburn Superior Court.

The two Mortimer children were found dead in their own pools of blood...more false allegations that daddy murdered them?

—– Forwarded Message —-
From: R Rhoton <rhoton08@live.com>
To: fathers-l@googlegroups.com
Sent: Thu, 15 April, 2010 10:05:27 AM
Subject: Time to speak out fathers!!!!  RE: FATHERS-L Dr. Phil show: Crisis in Family court

I was very upset with this show!  While the stories were heart rending and terrible, Dr. Phil forgot to mention any stories about fathers who had lost their children.  Dr. Phil focused on fathers who had killed their children.  What about the mothers who have killed children?

Dr. Phil ended the show promising to keep a light on this problem until the system is changed.  Fathers speak up and be sure the other story is told, about the fathers who are victimized by the system.  If you don’t, this sounds like Dr. Phil will push for the jailing of more fathers as he mentioned the need to bring in the criminal court.  God help the fathers!

One good point was mentioned by the lady specialist whom I didn’t catch her name or title.  She did explain the people involved in the system who do not try to resolve or protect the children because conflict is their gravy train.

They are speaking of Kathleen Russell, of the Center for Judicial Excellence, who worked very hard to get this story told.  Yes, it is a gravy train for the court whores.  But what is a travesty is the lack of concern for children in the family courts by very biased judges who do not believe mothers.  The studies show that men lie far more in court than women do in high conflict cases.   There are far more children being injured or killed by fathers…just a read of Dastardly Dads shows many every day putting children in danger.  Fathers have had the main stage for a long time…it’s time that the real problems were discussed.  Thanks to Dr. Phil for a great show today!  Please comment on your story at Dr. Phil’s site and encourage more discussion on the subject.