Category Archives: Marc Klaas

Words Left Unspoken

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Professor Lawrence C. Marshall

On Sunday afternoon, October 14, I participated in a public forum at Santa Rosa’s Shomrei Torah Synagogue. The focus was on two propositions that will appear on California’s November ballot. Proposition 34, if passed, will replace California’s death penalty with a sentence of life without the possibility of parole. Proposition 36 would amend the Three Strikes and You’re Out law by requiring that the third strike is a serious or violent felony.

 

I was invited to support No on Prop 36, as I believe that the Three Strikes and You’re Out law should not be amended. Defense attorney and ACLU of Northern California board member Steve Fabian represented Yes on Prop 36. Kent Scheidegger, Legal Director of the Criminal Justice Legal Foundation argued against Prop 34. The argument to overturn the death penalty was represented by Stanford University Professor and legal clinic Director Lawrence C. Marshall. Congregation Shomrei Torah Rabbi George Gittleman concluded the program with reflections on the death penalty in Judaism.

 

Overall it was an educational and informative forum that was well attended by an enthusiastic audience. However, the incident that stood out the most was not witnessed by the audience as it occurred after the forum was concluded.

 

Throughout the years I have witnessed numerous interactions between crime victims and those who advocate on behalf of death row inmates. These criminal apologists make impassioned, and often times very compelling arguments on behalf of remorseless killers or other serious and violent criminals; yet they fail to look me in the eye, rarely shake my hand and never reference the circumstances that have brought me to the podium.

 

Proposition 36 was presented first. Mr. Fabian made his case for ten minutes and then I made mine. We were each given a five minute rebuttal and then took questions from the audience. Both sides were given equal weight and I hope that I changed some minds toward my position.

 

The same format was followed by the Prop 34 discussion. In his opening statement, with obvious emotion and in the throes of passion Professor Marshall said that life sentences give society “every bit of protection” it could ask for without risking “the cost of executing innocent people.”  This despite the fact that Governor Brown just signed Senate Bill 9, which can overturn prison sentences of life without parole for 309 convicted killers. He also seems unaware that Governor Brown, a death penalty opponent, recently said that, “There are no innocent inmates on California’s death row”. At one point in his opening, Professor Marshall even referenced my commentary that, “You can’t blame 3-strikes for racial disparities, because they exist throughout the criminal justice system.”

 

I don’t want to minimize Mr. Scheidegger’s opposition to Prop 34 because it was eloquent, strong, and based upon facts, but this about things that weren’t said, not things that were said.

 

During his rebuttal Professor Marshall made an impassioned plea for death row inmates when he said, “They are us, they’re our children. We are a community.” He obviously felt very differently about me because, although he was sitting a mere three feet away from me he didn’t look me in the eye, didn’t shake my hand and didn’t acknowledge the loss of my child at the hands of one of “his” children. In fact, as soon as the Rabbi had finished his remarks at the end of the program Professor Marshall bolted to the back of the room in what seemed to me a desperate attempt to avoid meeting me.

 

I know that death penalty opponents don’t like people like me. I remind them of the heinous nature of their constituency: cop killers, baby killers, serial killers, and mass murderers. I represent a truth that they would rather deny. After all, how can somebody evoke the humanity and brotherhood of a blood thirsty psychopath when the fruit of their murderous intent is sitting but a few feet away?

 

If Professor Marshall has empathy then it is misplaced.  How can he advocate society’s inhumanity to death row inmates without first acknowledging the impact of the heinous crimes that death row inmates commit, and the impact upon families, friends, and the community at large?

 

Personally, I believe that his gesture at the Temple speaks more to Prop 34 and Prop 36 than any of the formal presentations. Too bad nobody noticed it but me.

Posted in death penalty, Prop 34, Prop 36 | Tagged | 2 Comments on Words Left Unspoken

Jonathan’s Gift

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During the course of one year I lost my only child to violence, my youngest brother to the ravages of illness and a grandmother to time. I survived these tragedies a better, stronger, and more determined person, because I was nurtured by the grace of angels.

The hand of God touched me on the day Polly was born. The first time I held her in my arms I experienced the power of unconditional love. This perfect baby was mine, and I would love and protect her forever. For me, this was the miracle of birth.

I was fortunate that Polly was my companion on this earthly pilgrimage. The strength of her commitment enhanced my understanding of the human condition and provided me with clarity of vision. The depth of her emotion taught me that caring for others could strengthen my own self worth and expand my horizons beyond material values. The purity of her love defined her final act. She faced her worst fears with courage worthy of the most seasoned combat veteran. On shaky knees, as the devil was stealing her into the night, her final words were, “Please don’t hurt my mother and sister.” My greatest teacher was only twelve-years-old.

That night the angels dipped their wings over Petaluma and re-claimed one of their own. In life Polly shared her gifts with those who were touched by her presence, but in death she touched us all. The welfare of a little lost girl surmounted religious, ethnic and political barriers. Millions of eyes were looking for her and millions of hands were clasped in prayer for her safe return. Her presence on earth set a course that millions of years of evolution, thousands of years of legislation and hundreds of years of struggle and strife couldn’t accomplish. She brought us together as one. Those were Polly’s angels.

The nation rose like a phoenix in the wake of Polly’s tragedy and demanded answers. For sixty-five days we navigated the murky waters of despair toward a fate that tantalized us with glimmers of light, and then doused our hopes with uncertain veils of darkness. Finally the prayers of Polly’s angels were answered, but not as we expected. Polly’s unselfish bravery in the face of doom provided the target and her commitment of love gave us the weapon to use in the eternal struggle between good and evil. In bitter irony we discovered that in order to win the war, we sometimes have to lose a battle.

Seven months later I visited my brother Jonathan on his deathbed. He seemed to be recovering and was excited to see me. I held his hand as he told me the following story. “Earlier today Polly visited me. She fluttered above me like a butterfly on tiny wings. I asked her why her wings were so small? She said that it was because she wasn’t ready to go yet. Then Polly said, ‘Get ready Uncle Jonny, because you will be joining me soon and there are a great big pair of wings waiting for you.’ I asked her if I should hurry? Polly said, ‘No, Uncle Jon, you want your wings to get as big as they can, and together we will take a ride that is better than anything at Disneyland.” Two days later Jonathan died. Now he is with Polly on a fantastic voyage.

My grandmother was very old, bed ridden and fragile, so we didn’t tell her about either of these misfortunes. Besides, she was riding horses, and wanted to get to the top of the mountain where Polly was waiting for her and the sun was disappearing over the horizon. She is now with Polly, and the sun has set and I know something that I never realized before. The angel we were seeking was guiding us all along.

Posted in Marc Klaas, Polly Klaas | Tagged | 4 Comments on Jonathan’s Gift

What I Know About the Death Penalty: Part 1

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I am unapologetic about my support of the death penalty because I do not believe that a majority opinion or the law of the land in 37-states and the Federal government requires apology of defense. Unfortunately, a public relations campaign waged by death penalty abolitionists has found such support in media circles that many people believe that our death rows are filled with innocent men and women who are denied due process as they are being led to the slaughter.

Since the days of Perry Mason, television has fed the public a constant diet of citizens accused and convicted of capital murders that they did not commit. Currently, the plethora of CSI series would have us believe that forensic evidence miraculously and regularly exonerates innocents as they rot in prison cells.

The wrongful accusation, conviction, imprisonment and execution of innocents is a staple of The Good Wife on CBS, which recently featured Innocence Project co-founder Barry Scheck and the case of Cameron Todd Willingham. The elegance of that particular case is that it is impossible to prove if Willingham truly was innocent as the Good Wife and Scheck claim, or was the remorseless arsonist who was executed in 2003 for torching his three young daughters in 1991. The point is that on these television programs forensics are always definitive, defense lawyers are never wrong, and innocent people are convicted, imprisoned and executed.

Of course, print media is complicit as well. Convicted killer Roger Coleman made the cover of Time Magazine on May 18, 1992 with the caption “This Man Might Be Innocent: This Man Is Due To Die”. Fourteen years after being executed DNA evidence proved that Coleman was guilty of murdering his sister-in-law.

The June 12, 2000 cover of Newsweek Magazine featured death row inmate Ricky McGinn. Again, the suggestion was that an innocent man was about to be executed. McGinn stated that DNA testing would prove that he didn’t rape and murder his 12-year-old step-daughter. Under intense media pressure Texas Governor George Bush ordered a 30-day reprieve. When DNA testing proved that McGinn was guilty beyond any doubt he was finally executed.

Wouldn’t you be surprised to learn then, that at the end of 2009 there were 1,613,740 prisoners under state and federal jurisdiction, yet less the total number of DNA exonerations for any kind of felony is less than 300? To date, despite years of parading remorseless killers as innocent victims the abolitionists and other death row apologists cannot definitively demonstrate that an innocent man has been executed.

The ultimate irony is that death penalty abolitionists crave the execution of an innocent man so that their indignation can run amok, while those who favor the death penalty pray that an innocent is never executed so that the fragile system of ultimate justice can be preserved.
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Michelle Le Memorial Comments

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It was a summer of conflicting emotions and fast paced events.

When I first met the Le family they seemed isolated, desperate, and hopeless. Their precious Michelle had disappeared. The Hayward police said that she was a victim of murder, yet she was nowhere to be found. Ultimately, the family led by brother Michael, cousin Krystine, and uncle Eric rejected that premise and promised to spare no resource in rescuing or recovering Michelle.

What began in isolation quickly morphed into collaboration: first with KlaasKids and law enforcement; ultimately with the Buddhist Temple, Safeway, Websleuths, countless local vendors, media representatives and a dedicated cadre of volunteers. One might wonder what drove these diverse groups and individuals to reach out to this family that had gathered in solidarity from all over California and whom most of us had only just met.

Was it their refusal to go quietly into the night? Was it their willingness to unblinkingly look the devil in the eye? Or, was it the face of a seemingly lost soul smiling angelically from missing flyers on telephone poles, storefronts, and media reports. Perhaps it was all of these things, but maybe it was something even more. Maybe, just maybe we were nurtured by the grace of angels.

Events were scheduled and searches were organized. Michelle’s family found strength in fellowship and resolve in the solidarity of purpose. Timelines were established, evidence was analyzed, and strategies were devised. Search teams were dispatched, time and time again, with little regard for personal comfort as a larger purpose drove us all. We looked and looked and looked yet again, but try as we might the angelic face that smiled from billboards and late night dreams continued to elude our grasp. But it mattered not, for we had climbed onto the wings of angels as the bright light of informed choice overwhelmed the darkness of despair.

Searches continued and an arrest was made. The Hayward PD provided us with new information, fueling hope, but the truth continued to elude our grasp. And then, seemingly, another angelic intervention. On the last afternoon of the last scheduled search for Michelle, a dog with the namesake of another stolen child owned by the mother of that child, led us to a tragic conclusion. The search for Michelle was over. She can now be put to rest with the dignity and respect that all good people deserve.

It is now autumn, and soon the leaves will be falling from the trees.

Son, my heart breaks for you, because I understand the agony of losing a child to the forces of evil. However, I am here to tell you that time will give you the gift of being able to recover a life of purpose, meaning and love. Eric, your leadership and intelligence positioned you perfectly as an interim Incident Search Commander. I would follow you anywhere. Michael, when we met you were a boy, but today you view the world through the eyes of a man who has experienced more than his youth would suggest. And Krystine, you put a promising career on hold to hold onto a promise you made to your beloved cousin, and you can always take solace in the knowledge that it was a promise kept, though not as you would have wished.

The experiences that you have recently suffered have the ability to sharpen your focus and make you stronger, better people than you otherwise might have been, because now you are guided by the spirit of angels.  

You might ask how I know these things to be true. The answer is simple: the angle on my shoulder has told me that the angel we were seeking was guiding us all along.
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Big Reward for Bad Behavior

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The other day I sat in a satellite uplink studio in San Francisco with an earpiece in my ear and a microphone clipped to my lapel, staring at a camera lens during a taping of the Nancy Grace Show. 2,854 miles away in Orlando, Florida Drew Kesse, the father of Jennifer, a 24-year-old woman who has been missing since Jan. 24, 2006, was sitting in a similar room, wired up in a similar fashion, during the taping of the Nancy Grace Show. The Topic of the program was Dr. Phil’s interview with Casey Anthony’s parents George and Cindy.

A week earlier Drew Kesse came out swinging. He called the Anthony’s “a disgrace and an insult to every missing person and their families,” and Dr. Phil “a pimp for (airing) this garbage”. I was looking forward to supporting Drew’s position on the program, but alas the opportunity was never presented. Therefore, I’d like to take a moment to explain why Drew is right, why Dr. Phil is wrong, and why the Anthony’s have outstayed their welcome.

Drew and I have some things in common with George and Cindy. Like the Anthony’s, we both experienced the loss of a loved one. My daughter Polly was missing for 65-days before her remains were recovered. Drew still doesn’t know what happened to his daughter. However, he does know that she was taken against her will and remains missing to this day.  That’s pretty much were our commonalities with the Anthony’s end, because from the moment that both of our daughters disappeared we had only one goal: to pursue the truth in recovering our girls. We didn’t pursue celebrity or wealth. We were willing to do whatever was necessary, including turning in members of our own families to get our children back.

On the other hand, the Anthony’s wouldn’t know the truth if it kicked them in the butt. Their daughter Casey is apparently unable to tell the truth, and even if she did, how could you believe her? George and Cindy, as was demonstrated again in the Dr. Phil interview, are not only unable to acknowledge the truth, but continue to excuse and justify their daughter’s narcissistic, homicidal behavior.

During the interview Cindy said that grand mal seizures, a brain tumor and possible postpartum schizophrenia could potentially explain Casey’s behavior. I’ve never heard of seizures prompting murder, and according to the Psychologist on the Nancy Grace Show postpartum schizophrenia is a mental disorder that doesn’t even exist. No, the similarities that Drew and I share with the Anthony’s begin and end with the disappearance of our daughters.

Generally, the families of missing or murdered children struggle financially. In our single minded determination to recover our lost children we put other worldly considerations aside. Families give up incomes, or become too depressed to work. Medical and psychological costs can devour huge amounts of our savings. Failure or inability to attend to mundane bookkeeping can result in home foreclosures and or mounting debt. I am not complaining; I am simply stating the truth as I understand it.

According to all credible reports Dr. Phil did not pay the Anthony’s for the interview. Instead he donated nearly $500,000 to a “charitable organization currently being formed to honor their granddaughter called Caylee’s Fund.” Truth be told, Caylee’s Fund does not yet exist, therefore it is not a charitable organization, and therein lies the rub.

The Anthony family is handsomely rewarded for abysmal behavior. Casey gets away with murder, George and Cindy lie and parry and deny the truth, yet they receive a huge payoff from a daytime TV program seeking sky-high ratings. Caylee is still dead and the truth be damned.
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Why America’s Long Haul Truckers Deserve TV Service

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This evening Nancy Grace made a call to action to the Federal Communications Commission (FCC), the agency that regulates broadcast media, to grant a license so that America’s vast long haul trucking community could at long last be able to watch a suite of television options during their federally mandated rest stops. Climb on board and demonstrate your support of this important initiative by letting the FCC know how you feel.

Since 2004, the KlaasKids Foundation has been aggressively participating in a case at the Federal Communications Commission (FCC) in Washington, DC. KlaasKids wants the FCC to approve a proposal that will unleash major resources for the cause to recover missing children and adults at no cost to Government.  The case has suffered from prolonged delays, and we need your voice to arouse the FCC from its slumber and jar it to action.

The proposal we support has been made to the FCC by Clarity Media Systems, LLC, a subsidiary of Flying J Inc., the company that owns and operates hundreds of Flying J travel plazas across the country’s highways. The U.S. Department of Transportation requires America’s 2-million long haul truck drivers to spend 10-hours or more per day resting. Flying J provides a variety of vital services to long haul truckers making it a popular and viable rest destination. However, one service that truck drivers have never been able to access is basic television service. Clarity has proposed to provide 70 channels of television programming – local stations, national cable and satellite channels, and its own specially originated program channels to entertain and inform long haul truckers during federally mandated rest stops.

In other words two million people, four million eyes that could immediately respond to word that a person is missing and seek to locate them are not getting that word.  Clarity’s proposal will enable these drivers — who are out on the roads and at highway rest stops, convenience stores, gas stations, and fast food restaurants where persons on the run frequently go – to receive news flashes, special reports, and full-length programming about unresolved missing person cases from local television stations, national cable and satellite channels, and Clarity channels.

Of particular note, Clarity proposes to originate a special Public Safety and Alert Channel that will focus on the plights of missing persons. With my assistance, programming will be produced to highlight high profile cases like the disappearance of Morgan Harrington from a concert at Virginia Tech University on October 20, to low profile cases that failed to receive media attention to missing adults who are excluded by their age from the Amber Alert system. Clarity will make this special channel the default channel that every truck driver sees when he turns on the television set while at rest in his cab and that plays continuously in the common areas of the highway travel plazas.

I know firsthand the valuable role that informed long haul drivers can play in fulfilling our mission to recover missing persons.  When Polly was abducted, the long-haul driver community made a point to circulate her poster broadly in the hope that she could be recovered. Had the service that Clarity proposes been available when Morgan Harrington disappeared from a rock concert tens of thousands of long-haul drivers in Virginia, West Virginia, North Carolina, DC, Maryland and other surrounding or regional states could have been alerted and on the lookout for her immediately following her abduction.  Instead, her whereabouts remain unknown without this effort even being made.  There are thousands of similar examples.

In short, with Clarity’s programming in the cabs of their trucks and at their rest stops during their government mandated rest periods, professional long-haul drivers will become an army of millions of law-enforcement-minded first responders to disseminate vital information to their colleagues, apprehend abductors, and recover our missing dear ones. 

Please add your voice to the wake-up call that we will soon be sending to the FCC demanding that it stop sitting on this important case and approve Clarity’s proposal.  To do so, please select this link, type in your own words the reasons why it is important for the FCC to act immediately to make this public safety service a reality, and return to me.  We will bring your words to the direct attention of the FCC Chairman and Commissioners right away. 
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Social Networking and Missing Kids

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Not every parent has the good fortune to have their missing child profiled on television or in nationally distributed magazines. Most families must find other ways to raise awareness and distribute information about their missing children.
Social networks have a reach that extends around the world with hundreds of millions of profiles, and the ability to embrace causes. These invaluable resources provide no-cost opportunities that were inconceivable when Polly was kidnapped in 1993.
If your child is missing, you can take advantage of opportunities available from Facebook, MySpace, Twitter, and YouTube.
These free sites enable you to create informational profiles of your missing child. You can post articles, photographs, testimonials, blogs, and videos. By organizing your profile and editing content to create a compelling presence, you can link and interact with vast networks of individuals and organizations interested in your issue. Cross-pollinating with true crime websites like Websleuths provides you with allies who are dedicated to maintaining interest in and solving ongoing cases.
A Southern California mother whose two children were reported missing 15 years ago tracked them down in Florida using Facebook. The children’s father had taken off with them in 1995 when they were still toddlers, but in March 2010 the mother found her daughter’s profile after searching for her name on the social networking site. My friend Robert McConnell used Facebook to locate his daughter, who was illegally kidnapped to Indonesia by a noncustodial mother in 2003. Personally, I regularly use my Facebook profile picture to post photos of America’s missing.
Child abduction is a big problem in China, with thousands of children disappearing each year. According to the Chinese Ministry of Civil Affairs, as many as 1.5 million children are beggars. Most of them have been forced into servitude and many of them are kidnap victims. A viral Twitter (Weibo) campaign, launched on January 25 by social scientist Yu Jianrong, encourages citizens to post photos of child beggars and compare them with photos of missing children. More than 220,000 netizens responded and so far six children have been reunited with their families.

In an unrelated case, 33-year-old Peng Gaofeng recovered his son who was kidnapped in 2008 through a micro blog. When law enforcement efforts proved futile, Peng posted his son’s picture on Weibo. A newspaper reporter tweeted about Peng’s micro blog campaign to his 110,000 followers. It was reposted more than 5,000 times before a citizen compared the missing boy’s photo to a child who looked just like him. It turned out to be the same child. The reunion video posted on the Internet became an online sensation and captured the attention and respect of authorities. 

Of course, liabilities do exist. Information may not be accurate or time sensitive. A visible time stamp on missing flyers will mitigate social networking shortcomings. Outdated information posted on social networking sites can be distracting. Time and resources are wasted when misinformation passes from hand to hand – Particularly if the case has been resolved. Before information is distributed it should be verified with Law Enforcement or National Crime Information Center.
Overall, the assets outweigh the liabilities. The Internet empowers the families of missing persons. With new and innovative applications constantly in development, the possibilities inherent in social network websites and other online innovations are limited only by our imaginations.
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