Tabitha Walrond - 10 years later

I do still monitor comments and update them although it's been a long time since I've put a new post on this Blog. But suddenly, I've been awash with comments on the Tabitha Walrond case and feel the need to come out of my semi-blog-retirement to comment.

My feelings on the Walrond case are quite strongly that she intentionally starved her child to death. I believe the jury acquitted on the highest charge because it's easier to believe that she did not intentionally starve that child than that she did - what kind of monster could do such a thing to an innocent baby?

Do I hope she found a better life for herself as one comment asked? I hope she found some help and some ability to understand the heinous nature of her crime. If Walrond really is self-aware, she will work the rest of her life to help other women in need understand the resources available to them and to advocate on behalf of children. Maybe she can save the lives of some other children and redeem herself that way, but as far as I'm concerned, there is nothing else she can do in this life to make amends for her crime.

Lost Links...

Somehow, I've lost all of the links to my other favorite blogs as well as the link to purchase my book, "Bronx D.A."I hope that I can figure out how to get these links back soon so you can follow the writing of some other great bloggers.

Appearance Monday

On Monday, I will be appearing on Tru TV's "Lisa Bloom: Open Court" from 9 - 11 am ESTChannel 58 in New York.

We will be discussing the Esto, Florida prosecution of a mother for the drowning death of her 7-year-old daughter in the family's swimming pool. Amanda Elaine Lewis, 27, of Esto, was charged with aggravated manslaughter of a child and aggravated child abuse. Her son, who was six at the time, was the state's key witness.

Safety Reminders for the New School Year

Talking to children about safety is a frightening thing for parents, but is the single most important things parents can do to increase the safety of their children. The beginning of a new school year is a great time to reinforce safety rules with your child and to update the rules based on your child's age, increased ability to understand more complex rules, and increasing freedom and Independence. Talking with children about dangers that exist, even role-playing various scenarios with them, is the most important thing you can do to protect your child. The new school year is also a great time to fingerprint you child if you have not already done so and to make sure you have current photographs of your child.

Here are some safety tips and resources:

1. Always keep an eye on you child, especially in large crowds. Just because you live in a safe neighborhood does not mean that this rule does not apply to you. Predators are opportunists and look for children in crowded areas when parents are not near by or paying attention. If you have a child that is particularly prone to wandering off, you may want to consider a child GPS tracking device. Some of these devices offer a feature that warns you if your child wanders past a pre-programmed distance from you. Remember - any kind of tool has is limitations and is no substitute for education and vigilance.

2. Instruct your child not to walk up to a stranger’s vehicle for any reason. Predators frequently lure children by asking for help (such as asking the child to help them find a lost puppy and holding up a photograph. When the child gets close enough to the vehicle to see the photo, the predator grabs them). Role-play this with your child. Instruct your child to tell a trusted adult immediately if they are approached by a stranger or if a friend is. Report all of these incidents to your local police along with as specific a description of the person and vehicle as you are able to provide.

3. Teach your child how to dial 911. Discuss with your child what an emergency is and when they would use this number. A young child may not understand this right away and may use the word "emergency" loosely. Just be patient and keep explaining what is and is not an emergency. Eventually they will get it.

4. Keep an especially close eye on children using the Internet. Depending on your level of tolerance for the privacy of your youngster, there are many monitoring tools that you can use and also security tools that let you block certain sites. While I don't suggest surreptitiously monitoring your child if you have no reason to believe anything is wrong, tell them that if they are going to be on social networking sites, you will look at their page and tell them your expectations. Tell them that not talking to strangers applies to the Internet as much as anywhere else. Share with them the long term ramifications of posting provocative pictures and the like. Teenagers have very little understanding of long term consequences. Be specific. If you have a child who drives, car GPS tools can alert you if your child leaves a designated area or speeds. Once again, if you are concerned about your child feeling that you do not trust them, I see no reason to not tell them that the GPS is in the car - it may be a more effective deterrent than sneaking such tools on your child's computer or vehicle and causing mistrust.

5. Provide your child with the names of trusted adults (Neighbors, etc.) that they can go to in the event of an emergency if you can’t be reached.

6. The stranger danger message is the most commonly used and least effective tool we to keep our children safe. Rather than telling your child who they cannot talk to, tell them who they should go to if they need help. If your child is lost, they should seek help from uniformed law-enforcement or security officers, a store salesperson with a name tag, the person in an information booth at a mall or other public venue, or a mother with children. For more information on Stranger Danger, please follow this link. For other great ideas on child safety including free downloads of instructive children's books, child ID kits and testing of your own child safety IQ, go to Power of Parents.

7. Here is one that really upsets me every new school year. Don’t put visible name tags on your child’s bike or backpack or have their name embroidered on their clothing or backpack. I know it's cute, but one way that predators gain a child's trust is calling them by name. This risk has been well publicized, yet major chains still insist on putting money before safety and offering monogramming and name embroidery services. Please tell companies that offer these services that they are putting children at risk and maybe they will stop! (This means you, Lands' End, L.L. Bean, and Pottery Barn Kids!!)

8. If your children stay at home by themselves, instruct them not to answer the door and to screen phone calls. Test them by calling sometimes.

9. If your child is in a dangerous situation, instruct them to yell, “This is not my Mom/Dad!”

10. Make sure your child knows their full name, address and phone number as soon as age appropriate.

11. Instruct your children that if someone comes into their room late at night, to scream and make noise no matter what the intruder tells them. Tell your children that if anyone, even someone they love or is related to, is hurting them in any way or doing things they don't like, they should tell you. Reassure them that even if someone tells them that you or they will get hurt if they tell, you will be fine and you will protect them. More than anything, it is important for your children to know that there will always be someone to help them if they need it and that they will not be in trouble for telling. Safety is more important than being polite or keeping secrets.

Happy and safe new school year!!!

Lemons, Odometers, and Criminal Penalties

Sergei Lemberg, an attorney specializing in lemon law [link: http://www.lemonjustice.com/blog], is sitting in the guest blogger’s chair today.

Unfortunately, the behavior of some people who sell cars reinforces all of the unsavory stereotypes we have about car salespeople. And sometimes it even crosses over the line into the arena of criminal prosecution. For example, according to the National Highway Traffic Safety Administration, odometer fraud has escalated dramatically along with the demand for low-mileage used cars. The NHTSA notes, “Strong enforcement of the federal and state odometer laws, i.e., prosecutions with stiff sentences, appears to be the most effective deterrent.” The Feds even provide financial assistance to state agencies that pursue odometer fraud. Link Here.

U.S. law (49USC32709) provides for criminal penalties for odometer fraud that include fines and up to three years of imprisonment. It even holds corporations accountable, in that the penalties also apply to directors, officers, and agents.

Criminal penalties also come into play when manufacturers and dealers fail to brand lemon titles as such. In about half of the states, when a vehicle is so defective as to be termed a “lemon,” there is a requirement to note that on the title so an unsuspecting consumer won’t unwittingly buy a defective vehicle.

The problem is that, because state laws vary considerably, it’s easy for unscrupulous sellers to “wash” titles by taking vehicles to a state with a weaker statute, registering them so they have “clean” titles, and then reintroducing them in states that have stronger laws. The situation is all the more difficult because states can’t easily share information about vehicle titles with one another.

Nevertheless, when a manufacturer or dealer fails to brand a lemon title, they could be and have been prosecuted to the fullest extent of the law.

McCain Fails Women on Violence Issues by Jennifer Mercurio

While this is not a political blog by any means, I felt that it was important to share the following opinon on McCain versus Obama when it comes to sexual violence issues. This "guest blog" was authored by Jennifer Mercurio, someone whose opinions on these particular types of issues are well-informed and carefully considered. Jenn was the youngest state President of the National Women’s Political Caucus and the most recent past board Chair of the NYC Alliance Against Sexual Assault.

One oft-labeled second tier issue is violence against women, which some of us help guide our vote in the secrecy of the ballot booth. Some of you know that Senator Joe Biden faced stiff opposition when he championed the Violence Against Women Act (VAWA) in the early 90s. I remember, as Joe Biden does, John McCain repeatedly saying that there was no need for VAWA, and that it was ineffective, unnecessary and ill-conceived. John McCain fought long and hard to kill VAWA, ultimately voting against it twice. VAWA has gone on to establish, among other things, help lines for abused spouses; this one bill has gone on to literally change our entire society’s understanding of what sexual violence, rape, date rape, domestic violence and hate crimes are. It was, and continues to be, a complete game changer. Without Joe Biden we probably wouldn’t have VAWA. Barack Obama stands with Biden in support of VAWA. If left to John McCain, VAWA would be rolled back, as he’s stated any number of times.Forensic rape kits, also known as sexual assault evidence collection kits, are used by medical personnel to gather and preserve physical evidence following a sexual assault which can be used in criminal proceedings. Sexual assault kits are generally believed to be a victim's best way to document the attack and to help ensure prosecution of the attacker. McCain’s running mate instituted a policy requiring rape and domestic violence victims to pay for their own rape kits when she was mayor, and John McCain picked her as his running mate anyway. Obama and Biden believe that victims should be assisted in such times of trauma and that the state and healthcare should pay for them. It should be noted that Alaska has the highest incidence of reported rapes in the nation. Do we want the policies propagated there to be spread throughout our nation? Title IX is seen as many as a penumbra under which fall many issues surrounding women, equal access and violence. The Clery Campus Security Act, a law requiring colleges and universities to issue annual reports on campus crime and their security, was one such instrument aimed in part at strengthening and broadening Title IX on the precept that the fear of violence, and its aftermath, creates an unequal environment in which students live and grow. Obama and Biden consistently vote for bills related to these two laws; even though his running mate claims to be a product of Title IX, John McCain has consistently voted against bills related to the strengthening and broadening them. On the family of issues surrounding violence, particularly sex crimes, the choice is clear in November. Vote for Obama/Biden.Please step up to the plate – right now. If you’re not registered to vote – do it now. Work in your community to elect Obama and Biden. If you’re going to be out of town for the election November 4th get an absentee ballot. You can also make a donation here. to help the Obama/Biden team fight for an America that empowers us all.

Thank Someone

9-11 seems a fitting day to write my first piece in quite a while. I’ve been on maternity leave, but today is a good day to return. Law enforcement is a thankless job. It does not pay well. The hours can be awful. And the work can be depressing and grueling. Most cops, prosecutors, fire-fighters and yes, even public defenders, do what they do out of love and commitment and belief in their ability to make a positive change in the world. Today is a good day to think about how important that commitment is to our society and to our system of justice.

On 9-11, when the towers were hit, I was still in my 17th floor apartment on the Upper West Side with a clear view over Lincoln Center and right down to the towers. I heard on the news that the first tower was hit and I rushed to my window where I could see enormous clouds of smoke coming out of the building. While the newscasters speculated that maybe a small plane hit the building, I watched a huge plane fly past the towers, bank hard to the left, come around and literally disappear into the second tower. I watched as the towers started to list to the side and eventually crumble. Over the course of the next few days, I scoured the papers hoping that I would not recognize the names of any of the dead. But I did.

I know of not a single person working in law enforcement in New York that did not lose someone they knew on 9-11. Most people knew many people. I knew two. Fire Fighter Sergio Villanueva. When I met him, he was a cop and, in fact, was the first cop that I ever worked a case with on my first day as an ADA – on 9/11/05. We remained friends from that day on. Chief John Moran went to law school with me at Fordham. He was a member of the law review and we performed together in the Fordham Follies.

So, maybe it’s cliché, but take a moment and thank a cop, or a fire fighter, or a prosecutor, or even a public defender. Remember they are doing their job for you.

Registered Sex Offenders

Criminal Justice Degrees Guide just posted an article "12 Online Tools to Discover Where Sexual Predators and Criminals Live in Your Neighborhood". These tools are excellent and I highly recommend using them. A search of my area on Family Watchdog revealed one sex offender living about 10 miles away from me, but within a mile of the local school. The search brings up a map of registered offenders in your area, and the map is color coded to show you if the crime is against a child. Clicking on the offender location box reveals more specific information about the defendant, including a picture, address and the nature of the conviction.