Jurors need our protection

If I had served on the Casey Anthony jury, I would be terrified about having my name released to the public. After giving several weeks of my life to the case, and making a decision that one of my fellow jurors, in a statement to the media, made us "sick to our stomachs," I would want to be protected by Judge Belvin Perry.

Watch his comments at this motion where media outlets were arguing to know who the jurors were.

This case created a maelstrom of publicity and public opinion. There is no doubt in my mind that some members of the public might feel as though they need to seek justice for Caylee and feel entitled to impose their own kind of vigilante justice upon the good citizens who did their job. There are people out there who could conceivably stalk, terrorize, or even assault the people who served our community for nearly 2 months, all in the name of "Justice for Caylee."

In spite of all the arguments for "transparency" and "justice," there is no good reason to divulge the jurors names to anyone. If they choose to step forward and do interviews, that's their choice. Not the choice of some media hounds or psychopathic citizens.

Judge Perry is rightly concerned with what previous case law says on the subject. But this issue is important enough to make new case law. It's tough enough to get people to answer their jury summonses. Why hamper the System's ability to seat a jury in high profile cases, or other less publicized but potentially threatening to juror cases?

With the abundance of personal information that's available to anyone with an internet connection, our Courts need to protect jurors from those who might be unhappy with their verdict - whether it's a high profile case or one that never made the news.

See also this interview with the jury foreman, who wishes to remain anonymous.

Trooper Gilbert's sentencing "post-mortem"

After FHP Trooper James Gilbert's sentencing on April 22, 2010 before Judge Marc Lubet, CourtWatch spent considerable time going through our records and developing a comparison of similar cases for analysis.

Having monitored hundreds, if not thousands, of pleas & sentencing hearings, we were surprised at the severity of the sentence for this defendant who never physically touched his victim, even though he scored over 10 years in prison.

When evaluating cases, there are numerous factors that must be taken into consideration. They typically include severity of the offense, its impact upon the victim, whether or not the victim is cooperative with the prosecution (if the State can't make its case without victim testimony, and the victim refuses to testify, the charge is often reduced or dropped), the availability of other evidence, the defendant's age, history of substance abuse, mental issues and previous crimes committed.
Each case is unique in its circumstances, thus making comparisons an exercise in trying to equate apples to oranges.

In this particular case, Gilbert pled to the bench, which means there was no prior agreement with the State Attorney as to what the sentence would be. The initial offer of no jail time + 18 months sex offender probation was rejected by the defendant in the early stages of this case. As it progressed through several defense motions, the prosecution's offer got tougher and was ultimately withdrawn.

It appeared as though both sides dug in their heels and could find no common ground for an agreement.

Of the 45 cases we examined, only 4 went to a jury trial. Two were pleas to the Bench (including Gilbert's) and the rest were agreed upon sentences between the State and defendant. It's important to realize that only when there's a plea to the bench or a trial, does the judge determine a sentence. When there is an agreed upon resolution, it's because the State Attorney and Counsel for the defendant have negotiated one.

It's always difficult to be a Monday morning quarterback when watching what transpires in the courtroom. We are not privvy to much of the information that the Court, State and Defense have. I do know that this defendant's behavior caused the 17-year old victim and her family to become estranged from one another. CourtWatch cannot begin to put a "price" on what the victim in this case has endured. It's impossible to undo the damage to her and her family.

Click here for the background info.

In addition to his sentence of 18 months in prison + 8 years sex offender probation, the Mr. Gilbert was terminated from his 17-year career with the Florida Highway Patrol as a result of his crime.

CourtWatch collected sentencing data about cases in which defendants were charged with the same crime as Gilbert was (most of which had fewer than 10 counts) and compared it to cases where the defendants were charged with Sexual Activity With a 16-17 Year Old. The sentences were converted from months or years into days so that we could more easily compare them. They range from no jail time to 15 years in the Department of Corrections.

We find it interesting that nearly half (12 out of 23) defendants who had actual physical contact with their victims were sentenced to less prison/jail time than Gilbert was. Eleven of those defendants got away without being required to register as a sex offender.

Only one defendant who pled to similar charges as Gilbert got more incarceration time than he did.

This sheet shows cases sorted by amount of time incarcerated.

This sheet shows cases sorted by total time supervised (incarceration + community control + probation).

Finally, in the majority of all types of criminal cases, first time offenders have adjudication withheld when they are sentenced. Essentially, this means that if they successfully complete all the conditions of their probation, they are not considered to be a convicted felon.

Why did this not happen for Mr. Gilbert? While we're at it, we ask the same question about Casey Anthony when she pled to the theft, forgery and uttering charges (2008-CF-013331-A-O) in January and was adjudicated guilty (although she certainly has more serious charges to deal with).

CourtWatch prefers to not open the "Casey" can of worms - there are plenty of other bloggers out there talking about her.

Was Gilbert's sentence too harsh? Or too lenient? We'd love to hear from you.

The Remaking of Shannon Burke

It seems as though Burke is doing everything a media consultant would recommend in order to get back in the good graces of the public, as well as the good graces of his former employer, Real Radio 104.1.

I googled his name and found his picture (including his dog) prominantly displayed on a blog he started and posted to a few times after his release from Seminole County jail. It makes him look like a real animal lover. Well, maybe his dog. Not Catherine's dog.

Link to Burke's Interview on 104.1 (40 minutes)

Let me just say that it's far too easy for abusers to blame alcohol for their behavior. I guess it's more socially acceptable to be an alcoholic than it is to be a batterer. So he was more than willing to talk about his alcohol consumption.

Not once did I hear the words "domestic violence" mentioned, although Philips alluded to a possible "anger management" problem. I heard Burke complaining about how it seems as though everyone has forgotten all the great things he's done for charity and how the media has handled the case (though he did admit that if it had been someone else, he would likely be offering his opinion, as he did about the Casey Anthony case). I didn't hear anything that sounded remotely like an apology. He closed with an emotional discourse about how he misses his radio family and he hopes they'll forgive him.

Dale Kay Lillak, M.S. states "domestic violence is not caused by the use or abuse of alcohol, methamphetamines, cocaine, or any mood altering substance. These problems do occur separate from one another. The severity of violence tends to escalate when people are under-the-influence."

Burke's next court appearance at the Criminal Justice Center in Sanford (case 2009-CF-002149-A) is scheduled for Friday, September 18th at 9:00am in Courtroom 5B. A Motion to Modify Conditions of Release was filed on 8/24. The public, as always, is welcome to attend. It's been reported that in addition to having more access to his wife, he doesn't want to have to wear the GPS monitor anymore.

His next court appearance in Orange County (for violating his DUI probation by being arrested in Seminole), is not posted on the Clerk's website (case 2007-CT-0001034-E).

Finally, if you want to have a chuckle, check out his comments about the Casey Anthony case long before his own legal troubles began.

Shannon Burke - Is he a loose cannon?

From reading the media coverage and talking with local experts, it is apparent to this CourtWatcher that Edward Shannon Burke's "accidental" discharge of a .40 cal pistol, hitting his wife and her dog, was no "accident." A direct correlation between animal abuse and domestic violence has been made by the experts, and this is a classic example of it. Tragically, this kind of abuse often extends to children as well.

The Humane Society lists the following as reasons why batterers abuse/threaten/kill pets:

To demonstrate and confirm power and control over the family.
To isolate the victim and children.
To eliminate competition for attention.
To force the family to keep violence a secret.
To teach submission.
To retaliate for acts of independence and self-determination.
To perpetuate the context of terror.
To prevent the victim from leaving or coerce her/him to return.
To punish the victim for leaving.
To degrade the victim through involvement in the abuse.

Click here for more info about animal abuse and domestic violence.

Three women have now been granted temporary injunctions against this man. That fact alone should tell everyone, even his devoted fans, that he has abusive (power & control) tendencies.

Burke had previously been prohibited from having unsupervised contact with his children. One more indicator that he is a dangerous man.

I applaud these women for doing everything in their power to protect themselves and their children. But an injunction is only one part of a safety plan. I tell people all the time that it is not bulletproof. If the perpetrator is not afraid of the criminal justice system, or if they feel they have nothing to lose, no piece of paper in the world will keep you safe. The most dangerous abuser is one who thinks that life is no longer worth living and they become suicidal. Burke has now lost his job at Real Radio 104.1 (WTKS is a station whose website does little more than objectify women by sponsoring bikini contests) and his reputation. He's lost his home (at least for the time being) and his wife has filed for divorce. He's being monitored by Orange County for alcohol consumption in their VOP (Violation of Probation) case. A GPS device has been ordered in the Seminole County case. So even though he's out of jail, he's lost a significant amount of freedom. I suspect he scores off the charts on lethality assessments.

I hope the Seminole State's Attorney upgrades the charges from Aggravated Battery w/Deadly Weapon to Attempted Murder. If, after pulling the trigger and getting no response from your weapon, you eject the pistol's magazine, insert a new one, and pull the trigger again, the State should charge you with attempted murder.

Ultimately a jury will have to decide, unless the State cuts him a plea deal. And even though there was only one victim relating to this May 1st shooting incident, I hope and pray the State's Attorney will keep the other victims apprised of any developments in the case. Call it a "fatality prevention" measure.

PS: I suspect Casey Anthony is glad for the media respite.

Attempted Murderer on the Run

Imagine my surprise when I tuned in to WFTV yesterday morning and saw the report on Michael Stalling's flight from justice. He was originally charged with Attempted 1st Degree Murder, and was allowed to plead to the lesser charge of Aggravated Battery (Great Bodily Harm) on March 23, 2009. He was supposed to be in court on Tuesday for sentencing.

http://www.wftv.com/news/19123203/detail.html

Four things concern me:
1. That he was offered the opportunity to plead to a lesser charge after he (allegedly) stood up from a couch while watching TV, jumped on top of his wife, and stabbed her 7 times.
2. The fact that Judge John Adams allowed Stalling out of jail while awaiting sentencing in order to visit his sick mother. Putting a GPS device on someone who is facing a lengthy sentence (his criminal record is extensive) is not going to assure his return to court.
3. The fact that WFTV didn't mention the judge's name in their reporting of this incident.
4. The fact that only one news agency reported his flight. Everyone seems to be too busy covering the fact that there are depositions being taken in the Casey Anthony case this week. Stalling's face ought to be posted everyone so he can be found and locked up and so his victim can have peace.

Little J.P. Deserves Some Attention

On February 2, 2008 6-month old Jean Pierre Tillman (called J.P. by his family) was murdered by his 22-yr old father Gregory Tillman. The baby's parents had an argument earlier in the morning in which mom was assaulted by dad. She left J.P. in the care of his father when she went out to the flea market. The defendant called her and told her that if she didn't come home, he was going to send J.P. to the hospital. Jury selection, opening arguments and testimony by J.P.'s mother and aunt occurred yesterday.

This morning we heard from law enforcement and the medical examiner. Tillman claimed at the time that he and the baby were in the shower and he accidentally dropped him. Testimony revealed that there was a heartbeat, but no brain function. J.P.'s left leg and skull were fractured. There were approximately 10 blows to his head. The cause of death was a combination of the blows and drowning. There was additional evidence presented of an old burn injury near J.P.'s anus for which no medical treatment was sought because DCF would then be notified.

Yesterday during jury selection CourtWatch notified the Sentinel and the Newsdesks at all the TV stations in Orlando of this case. Yet nobody is here today. Everyone seems to be slogging through more Casey Anthony discovery material. Caylee's death is tragic - no doubt about it. But so is little J.P.'s death. This case doesn't have the drama that the Anthony family has provided. But it has a grieving mom who could use the support of the community. Why, in spite of our efforts to alert them to this case, has the media not cared to cover the trial? Could it be because the victim wasn't a cute little white toddler and was black/hispanic instead? Does that make J.P.'s life less valuable than Caylee's? Or are we more interested in cases where mom is the perpetrator instead of dad?

Kudos to the prosecutor, Robin Wilkinson and the victim advocate (whose name I don't know yet), for the job they're doing. Thank you for caring.