The Lenient Judge

     On June 14, 2014, Kevin Jonas Rojano-Nieto was playing a video game in his parents’ garage in Santa Ana, California. A three-year-old girl, a relative visiting the home with her mother, wandered into the garage and encountered Rojan…

     On June 14, 2014, Kevin Jonas Rojano-Nieto was playing a video game in his parents' garage in Santa Ana, California. A three-year-old girl, a relative visiting the home with her mother, wandered into the garage and encountered Rojano-Nieto.

     Sexually aroused by the toddler, the 20-year-old Rojano-Nieto pulled down her pants and began sodomizing her. He stopped and put his hand over the victim's mouth when the girl's mother, calling for her, jiggled the handle to the locked garage door. When the concerned mother left the house to search for her daughter at a neighbor's place, Rojano-Nieto continued the sexual assault.

     When finished with the little girl, Rojano-Nieto unlocked the garage door and let her back into the house. After her daughter complained of pain shortly after the sexual attack, the mother figured out what happened and called the police.

     On December 3, 2014, a jury found the defendant guilty of one count of sodomy of a child under ten and one count of lewd acts upon a child under fourteen. (Rojano-Nieto had forced the little girl to touch his penis.) The conviction meant that the guilty man would receive the mandatory minimum sentence of 25 years to life.

     On April 3, 2015, Orange County Superior Court Judge M. Marc Kelly shocked everyone familiar with this case by ignoring California's statutory minimum punishment for this man's sex offenses by sentencing Rojano-Nieto to just ten years in prison.

     The judge, perhaps aware that his ruling would create an angry backlash, carefully laid out his sentencing rationale in writing. According to this southern California judge, "The facts [of this case] don't support there was any violence or callous disregard for the victim's well-being."

     Huh? No violence? Did this girl consent to being sodomized? Did she participate in her own victimization by flaunting herself in the garage? Good heavens.

     Judge Kelly noted that the defendant had not sought out or stalked his victim. Moreover, he now felt  really bad about what he had done to her. Sure he did, but so what?

     The judge, in defending his sentence, wrote: "He [Rojano-Nieto] reacted to a sexual urge and stopped almost immediately." According to Judge Kelly, while the little girl was sodomized by a 20-year-old man, she had not been seriously injured and was therefore "headed for a normal life."

     Judge Kelly had been on the bench in Orange County for fifteen years. How could that be?

     Not content to blame the toddler for her victimization, the judge tried to illicit sympathy for this sex offender by revealing that he had grown up in a "dysfunctional" family with "disruptional abuse." What the hell does that mean? "Disruptional" isn't even a word. This upbringing, according to the judge, had made Rojano-Nieto "insecure, socially withdrawn, and extremely immature." This background had also turned him into a dangerous sexual pervert who should, for the rest of his life, never be around children.

     Orange County Deputy District Attorney Tony Rackauckas responded to Judge Kelly's disturbing decision by announcing his office will appeal Rojano-Nieto's sentence. Referring to the defendant, the prosecutor said, "He's a grown man. He knowingly [actually intentionally] committed this terrible crime and should pay the price."

     Public outrage over the pedophile's light sentence led to a grass roots effort to recall the judge. On December 31, 2015, the bid to have Judge Kelly removed from the bench failed when the recall supporters were unable to collect the minimum 90,829 signatures to get the issue on the ballot.

    Judges with the 4th District Court of Appeals, in the spring of 2017, reversed Judge Kelly's sentence and ordered that Rojano-Neito be sentenced to 25 years to life in prison.

from http://jimfishertruecrime.blogspot.com/

Guillotine Chic

Almost from its first victim on April 25, 1792, the guillotine became a fetishistic object for the French during their revolution. Men had it tattooed on their bodies; women wore dangling guillotine earrings and brooches; the design was incorporated in…

Almost from its first victim on April 25, 1792, the guillotine became a fetishistic object for the French during their revolution. Men had it tattooed on their bodies; women wore dangling guillotine earrings and brooches; the design was incorporated into plates, cups, snuffboxes; children played with toy versions, decapitating mice; elegant ladies lopped off the heads of dolls and out squirted a red perfume, in which they soaked their handkerchiefs.

Richard Zacks, An Underground Eduction, 1997

from http://jimfishertruecrime.blogspot.com/

The Scotty McMillan Torture-Murder Case: An American Horror Story

     Gary Fellenbaum, a 21-year-old Wal-Mart employee, lived with his estranged wife Amber and their 11-month-old daughter in a mobile home in West Cain Township outside Coatesville, Pennsylvania 35 miles northwest of Philadelphia. In mi…

     Gary Fellenbaum, a 21-year-old Wal-Mart employee, lived with his estranged wife Amber and their 11-month-old daughter in a mobile home in West Cain Township outside Coatesville, Pennsylvania 35 miles northwest of Philadelphia. In mid-October 2014, not long after meeting 31-year-old Jilliam Tait, a fellow Wal-Mart employee, Fellenbaum agreed to let her and her two children--Ryan McMillan, 6 and 3-year-old Scotty McMillan--move in with him and his 21-year-old estranged wife.

     Not long after Tait and her sons took up residence in the mobile home, the 270-pound Fellenbaum began to physically abuse her sons. Jilliam Tait immediately became a willing participant in the beatings.

     The physical abuse of 3-year-old Scotty intensified during a three-day period beginning on November 2, 2014. The couple repeatedly beat the boy with their fists, a homemade whip, a curtain rod, and an aluminum strip. They smashed his head through a wall, punched him in the face and stomach, and hanged him upside down by his feet while they hit him. At one point during a torture session, the couple thought if funny when the child tried to free himself.

     On Tuesday morning, November 4, 2014, Fellenbaum taped Scotty to a chair and beat him for refusing to eat his toast. That afternoon, after being beaten throughout the day, Scotty lost consciousness. His torturers, in an effort to wake him up, laid him in a shower stall and ran water on him for thirty minutes. Still unresponsive, they placed his body on an un-inflated air mattress.

     Later that afternoon, Fellenbaum and Tait left the unresponsive child in the mobile home while they went shopping for a car. They returned to the dwelling with pizza, had dinner, engaged in sex, then took a nap. When Tait awoke at seven-thirty that evening, she checked on Scotty. When she couldn't revive the toddler, she asked Amber Fellenbaum to call 911.

     Paramedics couldn't revive the boy either. After doctors at a nearby hospital pronounced him dead, they called the authorities. When hardened emergency room nurses saw the horribly bruised and swollen child, they wept.

     Chester County District Attorney Tom Hogan charged Gary Fellenbaum and Jilliam Tait with first-degree mruder, aggravated assault, endangering the welfare of a child, and reckless endangerment. The judge denied the couple bail. (Under Pennsylvania law, murder preceded by torture is a death penalty offense.)

     Amber Fellenbaum admitted being aware of the abuse for two weeks prior to Scotty McMillan's death. She said she first knew there was a problem when she saw her estranged husband beat the boy with a frying pan. The district attorney charged her with child endangerment for not reporting the abuse. The judge set her bail at $500,000.

     Six-year-old Ryan McMillan was placed into the care of a relative. County child services personnel took custody of the 11-month-old Fellenbaum baby.

     Detectives questioned Ryan McMillan's teachers at his Coatesville area elementary school to determine if anyone there had noticed his injuries. Records indicated that he had been absent the past two weeks.

     In September 2017, Gary Fellenbaum pleaded guilty to first-degree murder. The judge sentenced him to life in prison plus 10-20 years. Three months later, the judge sentenced Jilliam Tait to 42 to 94 years behind bars. 

from http://jimfishertruecrime.blogspot.com/

The Assassination of Gianni Versace

     Andrew Cunanan stalked Gianni Versace [renowned fashion designer] before he killed him, often walking the same routes, sometimes following him.     The morning of the shooting [July 15, 1997], Versace left his house t…

     Andrew Cunanan stalked Gianni Versace [renowned fashion designer] before he killed him, often walking the same routes, sometimes following him.

     The morning of the shooting [July 15, 1997], Versace left his house to walk to the News Cafe on Ocean Drive [Miami Beach] where he had his favorite gourmet coffee and picked up several newspapers and magazines. When he arrived back at his home on 11th Street, Cunanan walked up behind him and fired two shots into the back of Versace's head, killing him instantly.

     The assassin then fled, and the case wasn't closed until Cunanan's dead body was found eight days later on a houseboat owned by a friend of Cunanan's who was in Germany at the time....

     One FBI theory is that Versace once turned town Cunanan for a modeling job. Cunanan was a bar-hopper, drug-user (possibly including steroids and rage-inducing testosterone), and he often sold himself to older, wealthy men. It is now known that Cunanan and Versace were never involved sexually, but it is known that the two men had met at least once.

Stephen J. Spignesi, In the Crosshairs, 2003

from http://jimfishertruecrime.blogspot.com/

The Omnipotent Serial Killer

Many a serial murderer develops a sense that he cannot be caught, especially if the authorities have missed all of the clues he has inadvertently or sometimes even intentionally left behind. This feeling intensifies when he appears to have momentarily …

Many a serial murderer develops a sense that he cannot be caught, especially if the authorities have missed all of the clues he has inadvertently or sometimes even intentionally left behind. This feeling intensifies when he appears to have momentarily triumphed over the authorities. He develops an attitude of personal omnipotence: he has committed the ultimate crime and gotten away with it, and the evidence seems to show him that he can continue to do so. This attitude is critical to his success and to his downfall. It keeps him going for a long time, but eventually it makes him become careless; that is the point at which he is usually caught.

Robert K. Ressler and Tom Shactman, I Have Lived in the Monster, 1997

from http://jimfishertruecrime.blogspot.com/

Strip Clubs And Their Lonely, Depressed Men

     On April 17, 2013, police in the southern California city of Rialto were called to the Spearmint Rhino Gentleman’s Club regarding shots fired. When the officers arrived at the strip club, they found a 23-year-old exotic dancer named…

     On April 17, 2013, police in the southern California city of Rialto were called to the Spearmint Rhino Gentleman's Club regarding shots fired. When the officers arrived at the strip club, they found a 23-year-old exotic dancer named Jacqueline Marquez-Figueroa bleeding from a gunshot wound to her neck.

     Paramedics rushed the strip club dancer to the Arrowhead Regional Medical Center in Colton where she underwent emergency surgery. The bullet had entered the back of her neck and was lodged in her jaw. (She is expected to survive the wound.)

     Police officers had found the wounded dancer, a resident of Moreno Valley, lying just outside a private lap dance room. On the other side of the door officers discovered Gerald Paxton Davis. The 46-year-old was dead from a self-inflicted gunshot.

     According to the police, the San Bernardino strip club regular had been paying Marquez-Figueroa, who worked under the name "Egypt," for lap dances since January 2013. Investigators believe he shot the dancer and them himself after she rejected his sexual advances.

     At the time of the shootings, there were ten employees and ten customers in the club.

     A week earlier, in the same establishment, a California correctional officer attempted suicide by cutting his wrists following a lap dance.

     These two cases suggest that among those drawn to gentlemen's clubs are lonely, depressed men who are losing touch with reality. 

from http://jimfishertruecrime.blogspot.com/

Woman Caught 37 Years After Prison Escape

     San Diego police officers caught a woman escapee on February 3, 2014 who fled from a Michigan prison 37 years ago….Judy Lynn Hayman, 60, was arrested at her apartment in San Diego. She was held without bail and was taken to the Las Colinas Jail, where she faces extradition back to Michigan.

     The Michigan Department of Corrections records say Hayman was sentenced June 28, 1976 for attempted larceny…. Then 23-years-old Hayman was given 16 months to two years of imprisonment. But April 14, 1977, she escaped from the Women’s Huron Valley Correctional Facility in Washtenaw County….Hayman did not reveal her true identify for over 30 years. According to police, she even concealed her identity to her 32-year-old son….

Vishakha Sonawane, “Woman Escapee From Michigan Prison Caught in San Diego After 37 Years,” HNGN, February 5, 2014

     San Diego police officers caught a woman escapee on February 3, 2014 who fled from a Michigan prison 37 years ago….Judy Lynn Hayman, 60, was arrested at her apartment in San Diego. She was held without bail and was taken to the Las Colinas Jail, where she faces extradition back to Michigan.

     The Michigan Department of Corrections records say Hayman was sentenced June 28, 1976 for attempted larceny…. Then 23-years-old Hayman was given 16 months to two years of imprisonment. But April 14, 1977, she escaped from the Women's Huron Valley Correctional Facility in Washtenaw County….Hayman did not reveal her true identify for over 30 years. According to police, she even concealed her identity to her 32-year-old son….

Vishakha Sonawane, "Woman Escapee From Michigan Prison Caught in San Diego After 37 Years," HNGN, February 5, 2014

from http://jimfishertruecrime.blogspot.com/

Post-Traumatic Stress Disorder

     The post-traumatic stress disorder (PTSD) is a fairly recent entry in psychiatric terminology; in fact, it was only officially recognized with the publication of the third edition of the Diagnostic and Statistical Manual of Disorder…

     The post-traumatic stress disorder (PTSD) is a fairly recent entry in psychiatric terminology; in fact, it was only officially recognized with the publication of the third edition of the Diagnostic and Statistical Manual of Disorders in 1980, known as DSM-III. In World Wars I and II, there had been what was known to laymen as "shell shock" and to mental health professions as "combat neurosis," a battlefield condition in which men become too traumatized to function properly. A fairly large proportion of discharges from the army were due to this condition, and the problem remains a serious one for all those who participate in combat, with its attendant horrors and stresses.

     During the 1950s when DSM-I was published, there was a condition referred to as "transient situational disorder," which was sometimes used to encompass battlefield stress. It was the initials TSD that were lifted from this previous neurosis and made to fit a condition that seemed to have sprung up in American survivors of the war in Vietnam, and which became known as PTSD--or, in layman's terms, "the Vietnam syndrome."

     I had discovered, over the years, that while there were people who really did suffer from post-traumatic stress disorder--had difficulty in living normal lives after returning from the brink of death experienced either in war or as a result of some other traumatic event--many other claims of PTSD were just a lot of poppycock, a form of malingering. The diagnosis of PTSD had become fashionable in certain psychiatric circles, mainly those that dealt with people in and out of veterans' hospitals. Other psychiatrists, just as well qualified, who also dealt with veterans had not seen many genuine cases. Also, the United States had been involved in several traumatic wars earlier in this century, and while there had been a few diagnosed cases of what was then called battlefield shock, most of the people who did experience these sort of shocks recovered and went on to lead normal lives. Could the experience of fighting in Vietnam have been worse than the experience of fighting in Korea? Or in Europe or the Pacific Islands during World War II? Were American servicemen of the 1960s and 1970s so much more emotionally fragile that those who served in earlier conflicts?

Robert K. Ressler and Tom Schachtman, I Have Lived in the Monster, 1997    

from http://jimfishertruecrime.blogspot.com/

Christopher Dorner: A Rogue Ex-LAPD Officer’s Spree of Murderous Revenge

     On Sunday night, February 3, 2013, a woman walking to her car in an Irvine, California condo parking structure discovered the bodies of a couple in their twenties slumped in the front seat of a white Kia. The victims, each shot more…

     On Sunday night, February 3, 2013, a woman walking to her car in an Irvine, California condo parking structure discovered the bodies of a couple in their twenties slumped in the front seat of a white Kia. The victims, each shot more than once in the head from close range, were identified as Keith Lawrence and his fiancee Monica Quan. The pair had met at Concordia University where they were basketball stars. Lawrence was employed as a public security officer on the campus of the University of Southern California. Monica Quan, for the past two seasons, was an assistant women's basketball coach at the University of California Fullerton.

     The double murder, occurring in America's safest city, baffled detectives who couldn't figure who would want to kill this couple.

     At a press conference held on Wednesday, February 6, 2013, Irvine Chief of Police David Maggard announced that his detectives had identified a suspect in the double murder. The suspect, 33-year-old Christopher Dorner, was still at large, his whereabouts unknown. In January 2009, Dorner had been fired from the LAPD. The attorney who represented him before the Board of Rights Tribunal, and handled his appeal of the board's ruling of dismissal in October 2011, was Monica Quan's father, Randal Quan. (Captain Quan, after retiring from the LAPD in 2002, began practicing law.)

     Chief Maggard identified, as a key piece of evidence linking Christopher Dorner to the Lawrence/Quan murders, a 11,300-word, 20-page "manifesto" the Naval Reservist and ex-cop had posted on his Facebook page. Addressed to "America," and titled "Last Resort," Dorner outlined a plan and rationale for murdering everyone associated with his 2009 dismissal from the LAPD. (Officer Dorner had accused a fellow officer of excessive force in the arrest of a schizophrenic man. An internal investigation revealed that Dorner had made false statements in the case. For that reason he was fired.)

     In his manifesto, Dorner made specific reference to his former attorney, Randal Quan. He wrote: "I never had the opportunity to have a family of my own, so I am terminating yours." In the rambling document, Dorner accuses Randal Quan of suppressing evidence that would have exonerated him.

     In reference to his intended victims in general, Dorner wrote: I will bring unconventional and asymmetrical warfare to those in LAPD uniform whether off or on duty. You will now live the life a a prey. Whatever pre-planned responses you have established for a scenario like me, shelve it. The violence of action will be high. There will be an element of surprise where you work, live, and sleep....I know I will be vilified by the LAPD and the media. Unfortunately this was a necessary evil that I do not enjoy but must partake and complete for substantial change to occur within the LAPD and reclaim my name....Self preservation is no longer important to me. I do not fear death as I died long ago on January 2, 2009. I was told by my mother that sometimes bad things happen to good people."

     One doesn't have to be a forensic psychiatrist to interpret Dorner's manifesto as the deluded, grandiose ravings of an angry, revenge-seeking man suffering from serious mental illness. In this document he comes off as the proverbial ticking time-bomb.

     Later on the day of Chief Maggard's press conference, Christopher Dorner was in San Diego where he tried to steal a boat. As he drove to Corona, California 60 miles east of Los Angeles, he tossed his wallet out the window of his vehicle. At 1:25 the next morning, he shot at two Corona police officers who were working a security detail. A bullet from Dorner's rifle grazed one of the officers who could not pursue Dorner because other bullets had disabled their patrol car.

      At 1:45 Thursday, February 7, 2013, in the neighboring town of Riverside, Dorner pulled up alongside a patrol car in his 2005 Nissan Titan pickup. The police car was stopped at a traffic light. Dorner opened fire on the unsuspecting officers, killing one and seriously wounding the other. The suspect, described as a six-foot, 270 black man with a shaved head, sped from the scene.

     Los Angeles detectives in Torrance early Thursday morning, shot at a pickup truck they believed was being driven by the fugitive. In fact, the vehicle was occupied by 71-year-old Emma Hernandez and her 47-year-old daughter Margie Carranza. Mother and daughter were delivering the Los Angeles Times. Emma Hernandez was shot twice in the back and is in stable condition. Emma was treated at a nearby hospital for injuries to her finger and was released. (This police involved shooting reflects a degree of panic and revenge on the part of these officers.)

     The U.S. Marshals Service and 10,000 police officers have launched a manhunt for Dorner from California to Nevada, Arizona, and Mexico. His last known address was in La Palma, California in northern Orange County not far from Fullerton.

     On Thursday evening, February 7, 2013, the manhunt centered in Big Bear Lake country 60 miles northeast of Los Angeles where schools and ski resorts were shut down. SWAT teams, officers with bloodhounds, and other law enforcement searchers were in the area after the discovery of Dorner's burned-out pickup trick. The area was also being searched from the air. Back in Los Angeles, every station house was locked-down and under armed guard.

     Two days after the shootout, searchers found Dorner's charred remains in a burned cabin not far from his pickup.

from http://jimfishertruecrime.blogspot.com/

Thornton P. Knowles On The Meaning And Purpose Of The Criminal Trial

The criminal trial, as designed, is not the most efficient method of getting to the factual truth of a matter. Too much relevant evidence is excluded from the jury to make this the main purpose of the procedure. The principal goal of a trial, at least …

The criminal trial, as designed, is not the most efficient method of getting to the factual truth of a matter. Too much relevant evidence is excluded from the jury to make this the main purpose of the procedure. The principal goal of a trial, at least in theory, is not to produce information, but to produce due process and justice for the accused. Prosecutors, as officers of the court, have a legal and ethical duty not to pursue defendants in cases involving weak or exonerating evidence. But some do, because regardless of the lack of evidence, their priority involves convicting the defendant at any cost, including human decency and fair play.

Thornton P. Knowles

from http://jimfishertruecrime.blogspot.com/

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