A NOTE FROM EXECUTIVE DIRECTOR, MIRIAM SHEHANE

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1 VOCAL NEWSLETTER March 2008 Volume 7, Number 5 Victims of Crime and Leniency A NOTE FROM EXECUTIVE DIRECTOR, MIRIAM SHEHANE The Legislative session has begun and I hope more is accomplished this session than the last. The two parties need to find a way to settle their differences without holding up critical bills, especially those that have a crucial affect on crime victims. We have been victimized enough! I encourage all of you to follow the crime bills and get in touch with your representatives and Senators and voice your concerns and opinions. A list of the Attorney General s crime bills can be found on pages 6 and 7 of this newsletter. Please contact your legislators to support them. Also, we need to be vigilant about legislation that is not victim friendly. Namely, one bill Senator Sanders has introduced for the last several years; a moratorium on the death penalty. This bill would halt everything on death penalty cases for three years. Some victim survivors have been waiting 30 plus years for their appeals to be exhausted and to add 3 more years to this lengthy process is outrageous. The Senate Bill is SB 25 sponsored by Hank Sanders and the House Bill is H.B. 468 sponsored by Merika Coleman. We all know Senator Sanders is opposed to the death penalty and this is just one of his tactics to eliminate it. I plead with each of you to do your part to garner support for the crime bills and see that those bills that are detrimental to victims die. We desperately need your help. If you need further information, please call us at or locally. God Bless. N EW H OME FOR V.O.C.A.L. The V.O.C.A.L. staff loves our new home. It was built in 1884 and has excellent character which we are discovering every day. After 25 years, Vocal has a permanent home. We have three large bedrooms upstairs and each has its own sitting room. We expect to develop these for victims families to stay overnight before their parole hearing at no charge to them. For the family of the victim, it is very traumatic to appear at these hearings. It is our goal to lighten the financial burden of hotel costs, as well as the expense of eating out, plus the benefit of having their personal advocate to talk with. We hope to offer victims and witness that must appear in court the hospitality of Vocal Angel House. As soon as we have sponsors for each room, you will all be invited to our open house. Our first room has been sponsored by the 20th Judicial Circuit District Attorney, Doug Valeska.

2 PAGE 2 VOCAL NEWSLETTER MARCH 2008 CHAPTER NEWS JEFFERSON COUNTY CHAPTER Roebuck Precinct, Red Lane Road, Birmingham, 1st Thursday of each month, 3 p.m. Chapter President: Carol Melton, (205) ; carolmeltonb@bellsouth.net Chapter Mailing Address: Birmingham Police Dept., 600 Red Lane Road, Birmingham, AL Phone: or December started out with an old case brought back to court by a pedophile. One of the worst kind--his preference was five and eight year olds. This predator brought the case back after serving seventeen years and had only four years before his release. He thought that he could represent himself and be let go. Thank God for the wonderful assistant district attorneys that we have here in Jefferson County. He will serve his four years and then begin his other sentence. After serving sixteen years of his thirty year sentence another child molester made the papers. Leon Prince was out and going to church and working with children in the church. That was what he did before he was put away for a crime he had committed while working with children. This person should have never been released on parole. On a happier side the chapter held its annual Christmas party on December 6. Don Hawkins had the room decorated so pretty with a beautiful tree and poinsettias. Margie, Bert, and I picked up food and Wanda and Bill picked up the poinsettias. There was plenty of good food and prizes for the 100 people in attendance. Our honored guests were District Attorney David Barber, outgoing Chief of Police Annetta Nunn, and our new Police Chief Roper. Also in attendance were Helen Smith from the F.B.I.; Judy Yates and her husband; Captain Marsha Allan; Deputy Logan and Valerie, Chaplains from the Jefferson County Sheriff s Department; and many of our Assistant District Attorneys. Victims hosted this party to thank those who do so much for them. We have many restaurants and merchants to thank for making our party such a success. Chapter members attended a parole hearing with the Tribble family. Brian Tribble was murdered in church. He was preparing breakfast for church members who were going to Washington to bring attention to the problem of teenage crime. Someone was robbing the coke machine and killed him. A church should be a sacred place, but not to these thugs. The offender was denied parole for five years. Members attended a preliminary hearing in the Smith case for the two suspects in the killing of Clifton. They did not send it to the grand jury. Clifton s mom was very upset but at least it can go back again. She has had meetings with the detectives and with the District Attorney s Office so it is going ahead. Members attended trial with Barbara Hines in the murder case of her son, Steven. Steven was murdered and three others were shot at WingOut two years ago. Even with two eye witnesses the jury did not convict. It was another disappointment. Our D.A. did a good job but you can never tell what a jury is going to do. Then it was off to Decatur for a retrial from nine years ago. The Attorney General s office was trying the murder and sexual assault case. The victim is Karen Tipton and the Defendant is Danny Moore. There are going to be many trials to come in Jefferson County and we need to support the victims. We will now have a new place to meet since we outgrew the room assigned to us at Don Hawkins Park. We now will meet at the Roebuck Precinct on Red Lane Road. The day and time of the meeting will not change. Plans are being made for the Candlelight Vigil to be held on April 17. The guest speaker will be the new Chief of Police A.C. Roper. SHELBY COUNTY CHAPTER Owens House, Columbiana, 2nd Saturday of each month, 2 p.m. Chapter President: Johnnie Doss Page, (205) Chapter Mailing Address: P. O. Box 32, Columbiana, Alabama Chapter president Johnnie Page attended a meeting of the Attorney General s Victims Council on December 11. She attended the dedication ceremony for Jimmy Evans in Montgomery on December 17. Mr. Evans was instrumental in the formation of the statewide V.O.C.A.L. organization and his portrait now hangs in the Montgomery County Courthouse to recognize him for his efforts on behalf of victims in Alabama. Mary Furline, Johnnie Page, Donnie Spears, and Mitzie Wheat also attended a meeting for officers at the VOCAL office in January. Evaughn Gould, Johnnie Page, and Mitzie Wheat attended a Rule 32 appeal hearing in Shelby County in February. Alan Miller murdered Lee Holdbrooks, Terry Jarvis, Scott Yancy in August 1999 and received the death penalty. His appeal is based on attacking his legal representation both at the trial level and at his first appeal. Chapter members are busy planning the 12 th annual golf tournament fundraiser and Candlelight Vigil. The tournament will be held on Saturday, May 3, at Magnolia Hills Golf Course in Columbiana. The vigil will be held on Monday, April 14, at 7 p.m. at the Shelby County Courthouse. Attorney General Troy King will be speaking at the event which is held annually to honor and remember victims of crime. SHOALS CHAPTER Christian Faith Church, 640 County Road 323, Florence, 2nd Tuesday of each month, 6:30 p.m. Chapter President: Denny Kimbrel, (256) ; bamafnatk@aol.com Chapter Mailing Address: 442 County Road 111, Killen, Alabama Chapter members have assisted the family of John Duncan who was murdered at his home in November The defendant Frankie Butram was charged with capital murder; the family agreed to accept a plea agreement of life in prison just days before the trial was scheduled to begin. We also assisted with the parole protest of Roger Borden who is serving two life sentences in the robbery and murder of Shannon McGee. We appreciate the support of the state chapter and other members

3 MARCH 2008 VOCAL NEWSLETTER PAGE 3 who attended this hearing. Borden was denied parole for five years. Chapter members have been attending the capital murder trial of Daniel Moore in Decatur. Karen Tipton, wife of Dr. David Tipton was murdered on March 12, 1999 in her home in Decatur. Through the appeal process, Moore was granted this second trial. Please pray for the Tipton family and all of our members who are lending their support. The families of Greg Wright and Rusty Earnest are still waiting on state evidence in these two separate murders in Lauderdale County. We have attended hearings and been in touch with these families. It is really important that all chapter members attend our next two meetings (March 11 and April 8). We are planning a fundraiser for April 19. We will be selling tickets for $5 to the musical performance of Gary Nichols, Iron Horse, Travis Womack, and Larry Condrey. We must also finalize our plans for Crime Victims Rights Week. SOUTHEAST CHAPTER Wiregrass Angel House, 111 N. St. Andrews Street, Dothan 2nd Monday of each month, 6:30 p.m. Chapter President: Pat Jones, (334) ; gary399@centurytel.net Chapter Mailing Address: 406 Hickory Grove Road, Dothan, Alabama Prayer for today: It s a New Year, God. You are ushering in another year, untouched and freshly new. So here I come to ask You God, if You ll renew me too? Forgive the many errors that I made in the past, And let me try again dear God, to walk closer in Thy way. But God, I am well aware; I can t make it on my own. So take my hand and hold it tight, for I can t walk alone. In November we attended a parole hearing for Robert Earl Stringer who murdered Carl Dudley; parole was denied. Pat Jones spoke to the Edwin Women s Club on November 13. Cheryl Burgoon was on the TV program with Ann Varnum sharing about J.B. Beasley s murder and how it has affected her life. Pat and Gary Jones, Tilly Wuolukka, Bonnie Ingram, and Cheryl Burgoon attended the 25 th Anniversary celebration of VOCAL in Montgomery. It was wonderful to see so many of those who played a part in establishing VOCAL and began the fight for victims rights in Alabama. In February Pat Jones attended a parole hearing for Robert Anthony Rawls who killed his wife, Juanita Carroll Rawls, in Florala; parole was denied for four years. She attended four other hearings that day, all were denied except one and he was released to Life Tech in Thomasville. It is hard to accept the decision that they will be paroled. This victim was really tortured and it is a miracle that she is alive. She is really terrified. Please pray for Linda Stark. Our chapter put up the Memorial Christmas Tree again. It s always sad to have to add more names and pictures to the tree. We enjoyed Christmas parties for the kids and adults. Bonnie Ingram and Cheryl Burgoon met the kids at Fun Zone for a fun time skating. We reserved the party building at Labamba s for the adult party. We were entertained with singing by Martha Whitrock and violin by Ingrid. We drew numbers for prizes. Several of us attended the Attorney General s Council of Victims in December. AG Troy King discussed his crime bill package for the 2008 Legislative session. We met members of his staff - some with the cold case unit, the VINE program, and the web newsletter Victims Voice that started in January. Pat attended the funeral of Allison Fuller Johnson who was murdered by her husband in Ozark on December 24. This was so sad--on Christmas Eve, a father took the life of the mother of his two sons (ages 5 and 14). In January, Tilly Wuolukka and Pat Jones attended a meeting of the state chapters held in VOCAL s new building. It is so nice. The Wiregrass Angel House is being renovated. It is going to be a great place for victims of crime in Southeast Alabama. We are currently in the old Dothan Police Department which is going to be torn down. We have to be out by March 17 and are definitely looking forward to having more space. For the past nine months, we have had to hold our meetings in the foyer of the building because our conference room was given to another organization. Victims of Crime and Leniency Established in 1982 A 501c3 Non-Profit Organization Miriam Shehane, Executive Director Angel House & Wiregrass Angel House Projects by V.O.C.A.L. Shelly Linderman, Project Director VOCAL is an advocacy group for victims rights consisting of concerned citizens, victims of crime and their families, law enforcement officers, attorneys, and others interested in reducing crime and improving the plight of its victims. VOCAL Angel House 422 South Court Street P.O. Box 4449, Montgomery, AL (334) Fax: (334) vocalonline@yahoo.com Website: Wiregrass Angel House P.O. Box 7133, Dothan, AL (334) Fax: (334) The VOCAL NEWSLETTER is published bimonthly in January, March, May, July, September, and November. Annual VOCAL membership dues include subscription. Send news items to Mitzie Wheat, Editor, at the VOCAL address or to mwheat@bellsouth.net. A golf tournament is being held for the Wiregrass Angel House April 3 at the Highland Oaks Country Club. It is supported by our District Attorneys Doug Valeska, Kirk Adams, and Ben Reeves and also Chief Deputy Sheriff Donald Valenza. If you would like to play in the tournament or give a donation, contact Gary Maxwell (334) , Donald Valenza (334) , or Pat Jones (334) TUSCALOOSA CHAPTER Tuscaloosa County Courthouse, 1 st Floor, County Chambers, 2 nd Thursday of each month, 6 p.m. Chapter President: Betty Holland (205) , bh6208@bellsouth.net Chapter Mailing Address: th Street East, Cottondale, AL The chapter s annual Candlelight Vigil will be held on April 17 at 6 p.m. on the lawn in front of the Tuscaloosa County Courthouse.

4 PAGE 4 VOCAL NEWSLETTER MARCH 2008 VICTIM OFFENDER MEDIATION This is a subject that I had not considered would ever be appropriate for the offense of murder. During our training for Victim Offender Mediation all types of offenses were taught, however, assault was as far as I ever intended to go. It s amazing how your resolve evaporates when a victim asks you to do something for them. That s how my first visit to an inmate in prison happened. The inmate murdered my client s father fourteen years ago. The inmate and the victim had been friends for many years before the murder. My client remembered spending a lot of time at the inmate s home when he was growing up. The client is now married, has a very good job, and wants to have children. I was most impressed by his reasoning to have a meeting with the inmate that murdered his father. He stated he could not move forward in his Christianity until he had peace within himself. The Victim Offender Mediation is a time consuming process. There were several conferences with the client and several conferences with the inmate. There are carefully prepared questions for each party and whether you move forward or not depends on the honesty of the answers you provide. There are built in strategies to know if you are lying. The questions deal with much more than what happened; they tend to make you look into your soul to extract an emotional response and, therefore, deal with the feelings attached. My concern as the counselor was that my client not feel disloyal to his father as a result of the V.O.M. After several weeks of preparations and counseling we were finally ready for the meeting. I will admit I was still a little apprehensive because the crime was the most serious of all crimes. I am happy to report that everyone was respectful and the client was able to question the perpetrator as to the details he wanted answers to. The inmate was praying for forgiveness and I believe he received it from the client. After the meeting, I met with the client and his wife, (she was allowed to attend). They both believed they had a better understanding of the events and the client stated that he felt much lighter inside. This was a good experience because it helped the victim s family. Joyce Miller, L.P.C. APPEALS COURT UPHOLDS CVRA VICTIMS RIGHT TO SPEAK AT SENTENCING--Message from OVC Director John Gillis On January 20, 2006 the U.S. Court of Appeals for the Ninth Circuit issued an opinion upholding the right of crime victims to speak at the convicted criminal s sentencing hearing. In a case in the Central District of California, a District Judge refused to allow the victims to speak at sentencing for a second defendant. Fortunately, the Court of Appeals held that the District Judge had made a mistake. In its decision, the Court of Appeals made three important points. In passing the CVRA, it was the intent of Congress to allow crime victims to speak at sentencing hearings, not just submit victim impact statements. Victims have a right to speak even if there is more than one criminal sentencing. This ruling is important in cases with multiple defendants. As the Court of Appeals noted, The effects of a crime aren t fixed forever once the crime is committed physical injuries sometimes worsen; victims feelings change, secondary and tertiary effects such as broken families and lost jobs may not manifest themselves until much time has passed. The district court must consider the effects of the crime on the victims at the time it makes its decision with respect to punishment, not as they were at some point in the past. The remedy for a crime victim denied the right to speak at a sentencing hearing is to have the sentence vacated and a new sentencing hearing held in which the victims are allowed to speak. Again we can celebrate this decision as an important step in securing the rights of crime victims. MEMBERSHIP RENEWAL The membership year for VOCAL ends on September 31 and dues include your subscription to the newsletter. Please complete the membership form and send it with your dues to your local chapter. If you do not have a local chapter, send form and dues to the state chapter: VOCAL--Victims of Crime and Leniency, P.O. Box 4449, Montgomery, Alabama Name Agency or Organization Address Title City State ZIP Telephone (Office) (Home) Victim s Name My Relationship to Victim Date of Crime Nature of Crime City and County of Crime (City) (County) Type Membership: Regular $25 Agency/Organization $50 Are you available and interested in volunteer work? Yes No

5 MARCH 2008 VOCAL NEWSLETTER PAGE 5 The Last Parole Hearing For the Murderer of Karen Gamble Nelson (Inmate Billy Dwight Nelson) The final parole hearing was attended by nineteen people on behalf of the victim, Karen Gamble Nelson. Karen was eighteen years old and the mother of two small children, ages 2 and 3, when she was brutally raped and murdered by her ex-husband just before Christmas in Billy Dwight Nelson pled for 30 years in prison and began serving in 1981, or so the family thought. He entered the D.O.C. in 1981, spent two months at Kilby, and was sent to Draper. The next three months were spent going to school and receiving his G.E.D. He worked in the garage as a mechanic for two years and then was promoted to office clerk at the Saint Clair Prison. He was then outgated. VOCAL became aware of this situation in April 2003 and alerted the top authorities. Mike Coppage, the new commissioner at the Department of Public Safety, initiated an investigation. This inmate had been living at the State Troopers Post outside of the Prison for 16 years in Jacksonville. Another inmate, Jimmy Darrell McCrary had been living there for 9 years. Both of these inmates are murderers, living with little and, at times, no supervision. Nelson was given four parole hearings while he was outdated. They had free reign to go out partying at night. They each had their own living quarters at the state police post in Jacksonville. They had the comforts of home, such as a computer, stove, refrigerator, and luxuries like a guitar and stereo. Cash in an excess of $12, was found in McCrary s apartment. Inmate Nelson met a new girlfriend and fathered a child, Brooke, who is now sixteen years old. They wore civilian clothes and were paid cash to work on the trooper s cars and for doing work at the trooper s homes. His parents lived 8 miles away and he visited them very often and they came to his apartment too. To our knowledge, there have been no reprimands or dismissals of employment to anyone for initiating or allowing Inmate Nelson these freedoms. At the very least, the supervisor of the State Troopers Post should have been fired. State Troopers receive more training than any other law enforcement personnel in Alabama. Certainly that makes them accountable. No one can give that 16 years back to the Gamble Family. The CJS failed them completely. At the last parole hearing the Parole Board denied his parole until the end of his sentence, which is only three years. Until victims require accountability, nothing will change. ONE GUARDIAN ANGEL Ronnie Holman was murdered July 29, 2003 and after two trials his family is still awaiting justice. The defendants Jason Murphy and Jared Murphy (brothers) are accused of shooting Ronnie Holman, owner of Holman Construction, when he went outside his home to see what was upsetting his dogs. The day before he was murdered Mr. Holman allegedly had over $10,000 on him. The trial was moved to Chilton County due to pretrial publicity. The first trial ended in a mistrial. The vote was 10 guilty to 2 not guilty. The second trial also held in Chilton County took 2 weeks and when the Jury could not reach a decision, Judge Sibley Reynolds kept sending them back out even when they were dead locked. He wouldn t give up, he sent them home again to sleep on it and the next day the same woman would not give in. She was the guardian angel that voted guilty. She was certainly an angel to this family. She would not let the eleven others or the Judge intimidate her. This angel held to her conviction and in doing so, gave this family another chance at justice. The state will get him to trial again. May God bless this guardian angel and Ronnie Holman s family. Joyce Miller Breoncha Washington--Ten Years Old Dear Breoncha: When your mother gets to Heaven she s going to spank you. Now, she s never done that before, so I m sure you re going to be very surprised. You cannot imagine the pain she is in because you re not here any more and all because you were playing around with that stupid scarf and accidentally got tangled and it choked you. Your brothers are all devastated. Chris (age 13), who did the CPR, now wonders if he did it right and if so, why couldn t he save you? Lilron (age 9), Ruggie (age 7), Justin (age 7), Abudue (age 5), and Rondale (age 5), all miss you so very much, as you were their only sister. Justin was right there and he thinks he should have been able to save you. He remembers you teaching him how to ride his bike, how to read and always playing with him. So, why, he wonders, couldn t he help you? Did you think of any of this when you were playing with that scarf? OF COURSE YOU DIDN T, I know it was an accident, but we love you so much. Your friends at school, Jasmin and Erica, cry a lot too. All the kids at school signed your desk, and even put teddy bears on it! You were so adventurous and playful! They all love and miss you. The pain for your mother and six brothers is excruciating and you are still going to get a spanking when your mom gets to Heaven. Joyce Miller PRAYER CHANGES THINGS If you are interested in participating in the prayer chain for VOCAL, please contact Pat Jones at gary399@centurytel.net or by phone (334) ; or Carol Melton at carolmeltonb@bellsouth.net or by phone (205) Please pray that VOCAL to be put back in the General Fund Budget. We have been included in the budget for the past 3 years after 22 years of struggling without any funds except donations and membership dues. VOCAL has been taken out of the budget for 2009 which starts October We purchased a building in October 2007 and are in desperate need of staying in the budget. This is the only way VOCAL can survive. Please pray for this urgent need.

6 PAGE 6 VOCAL NEWSLETTER MARCH 2008 A SURVIVOR STORY--KIMBERLY DIANE HILL Kim was a loving daughter, my love, my friend. She was a loved sister, Granddaughter, niece and cousin. She had many friends who loved her. She was a beautiful young lady. She had a great sense of humor and enjoyed mimicking friends and family members. She had a great talent for this. Kim s marriage to Mike Hill was one of the happiest days of her life. She and Mike dated all through High School. Kim excelled in school. She won the Spelling Bee Ribbon while attending Center point Elementary School. Kim attended Cathedral Christian School for about two years. She was elected to membership in the National Junior Beta Club at the Cathedral Christian School. This is a signal honor that is bestowed upon a student because of their outstanding qualities of Character, Scholarship, and Leadership. On May 31, 1978 she was given a Citizenship and School Spirit Award. On that same date she was given an award for Scripture and Memorization. On May 16, 1979 she was given another award for Scripture Memorization. Kim is listed in Who s Who among American High School Students The write-up is as follows: EB Erwin H.S.: Birmingham, AL (Y): Dance Club, French Club, FBLA, FHA, JA, Nat l Beta Club, School, Newspaper Staff, Drill Team, Volleyball, Honor Roll, French Honor 81-82: U. Al; Physical Therapy. On Aug. 4, 1993 I received an invitation to the Ten Year Class Reunion. It was held at the Wynfrey Hotel Ballroom. They honored Kim. Kim danced fifteen years at Beverly s Dance Studio. When Ward Gentry murdered Kim, he created a void in all of our lives. She was special to her grandfather and grandmother. Her grandfather came close to having a heart attack on that night and grieved for her till the day he died. Ward Gentry murdered Kim on January 13, He stabbed her times. Some of these were superficial stabs just to torment her. She was heard screaming for about an hour. He attacked her from behind while she was removing her contact lens. He tried to retaliate. He overpowered her, broke her nose with a telephone and bashed her in the back of the head with the telephone. The apartment was covered with blood. Anyone who would take a life the way Ward Gentry took Kim s, and afterwards have no remorse, deserves the worst punishment possible. Unfortunately, he was spared this due to Supreme Court Rulings. Ward Gentry has had several parole hearings. Each time with the help of Attorney General Troy King, Miriam Shehane, Billy Jack Logan, David Barbour, Carol Melton and more friends at VOCAL, he has been denied parole. Hopefully, we can keep him in prison for the rest of his life. Perhaps with the anticipation of parole every five years and having it denied is a way of punishment. This is not enough for me. I hope every day he lives in prison punishes him in the worst way. I have a driving desire to keep him there till he dies. Margie Caslin, Mother of Kimberly Diane Hill Proposed Legislative Agenda 2008 COUNSELOR S CORNER Never say this to the family of a victim: I know how you feel. (Was your child murdered?) You shouldn t feel that way. (Tell me how I should feel; maybe I can make myself feel the way you think I should.) It was God s Will. (If you re so in touch with what God s will is, ask him why? ) You have got to get on with your life. (If I get up, I m getting on.) You ve got to be strong. (Why?) God took him or her. (No, my child was murdered by an evil person. He was not taken up from a mountain top in a cloud.) God needed him or her. (God doesn t need him, if so he could make another one. I can t, I needed him; he was my life.) You should be over that by now. (There is no getting over the loss of your loved one by violence.) You can have other children. (Get a grip.) God is testing you. (Well, I m sure I failed his test and he s failed mine, too. Does that matter?) Good will come from it. (How could anything good ever come from such evil?) It s for the best. (Anyone that tells you it s for the best that your child is murdered isn t dealing with a full deck. Tell them to get the hell away from you.) To be continued next time Attempted Solicitation of a Child Victim Currently the law is not clear that a person can be charged with soliciting a child by a computer if the person being solicited is in fact a law enforcement officer and not a child. This closes the loophole and provides law enforcement with the tools they need to catch these predators. Notoriety Bill There are two inmates being held on death row in Alabama who are selling drawing, letters, and essays on internet auction sites. This legislation is designed to retrieve those funds and provide them for paying restitution to the families of the victims. Attempting to Elude the Police This legislation is designed to reduce the number of individuals who flee from law enforcement by means of a vehicle by increasing the penalties for such actions to a Class C felony, with an enhancement to a Class B felony if the flight creates a risk of death.

7 MARCH 2008 VOCAL NEWSLETTER PAGE 7 Community Notification Revisions This office passed comprehensive changes to the Community Notification Act in We are introducing this bill to make more revisions to the CNA, such as prohibiting all sex offenders from working in community corrections, adding Boys and Girls Clubs, YMCA s, nursing homes, and foster homes to the list of restricted zones for sex offenders, and clarifying that a sex offender must provide an actual physical and verifiable address before release. Survivors Benefits - This legislation would provide a mechanism for allowing a law enforcement officer or firefighter to designate a specific beneficiary to receive the survivor benefits. It also provides that in the event of a designee is not chosen, that non-dependent children would be included in the list of possible beneficiaries. Capital Punishment of Child Sex Offenders This legislation amends the Code to provide for the imposition of the death penalty for a second conviction of rape, sodomy, or sexual torture of a child under the age of 12. Repeat sex offenders have displayed a propensity to repeatedly victimize children. As such, the only appropriate punishment is capital punishment. Nolo Contendere The Lisa Marie Nichols Justice for Victims Act. This legislation would provide that a plea of nolo contendere in other jurisdictions will be treated with the same regard as a plea, judgment, or verdict of guilt for Alabama law. VOCAL/Crimestoppers Legislation This bill provides funding for the Angel House Crime Victims circuit programs to provide education, counseling, and general welfare of families of victims of homicide in Alabama. The funding is provided by a court fee on each conviction of a violation, misdemeanor, or felony. DUI Bill Alabama s DUI law is complicated and poorly written. One of the loopholes this bill will address is the Look Back period. The Look Back period is a five-year limit on how far back prosecutors can go to bring past DUI convictions at sentencing. If a person had a fourth DUI conviction on record, it wouldn t count as a felony if the third DUI conviction happened five years ago. Concurrent/Consecutive Sentencing/Parole Eligibility This legislation is designed to give meaning to sentences designed to run consecutively for determining when an inmate is eligible for parole consideration. This legislation would create a parole consideration term that would apply to each sentence received by the inmate. Civil Recovery for Illegal Gambling Activity This bill would provide a civil cause of action to recover civil monetary penalties for illegal gambling activities and would provide for the distribution of proceeds recovered for the operation of an illegal gambling device. Felon Voting Rights This bill would propose an amendment to the Constitution of Alabama to prohibit the Legislature from passing a special, private, or local law restoring a felon s right to vote and to provide that any person who is convicted of a felony is not a qualified elector until he or she has his or her civil and political rights or voting rights restored. Reporting of Gunshot Wounds This bill would require hospital personnel to report to law enforcement when a gunshot wound victim shows up at the hospital for treatment. I S 18 MONTHS ENOUGH FOR YOUR L I FE? Michael Woodson was beaten to death on his front lawn by two of his ex-girlfriends sons. The police charged Anthony Corbitt and Aubrey Grace with Murder. When the case was presented to the Grand Jury Anthony Corbitt was indicted for Manslaughter and Aubrey Grace was dismissed with no charges, despite the fact that he admitted hitting the victim three times while his brother beat him with a gun. Anthony Corbitt pled guilty to manslaughter before Judge Reese in Montgomery County. Three relatives of this defendant made statements to the judge as to how the boys were raised mostly in foster care. Ms. Emma, mother of the victim, Michael Woodson, stated to the Judge Reese that the defendant deserved life in prison for beating her son to death in his own yard. Furthermore, Victim s Compensation paid this claim; not the policy if the victim contributes with criminal activity. Judge Reese stated he was going to follow the recommendation of the probation office. The probation officer recommended three years in county jail serving 18 months before the case is reviewed again. If the defendant didn t get into any trouble in jail, he could get out in 18 months. How could a Circuit Judge in Montgomery County give such an insignificant sentence? The code of Alabama section states: (a) The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on the victim and the immediate family of the victim. (b) The victim shall have the right to review a copy of the pre-sentence investigative report, subject to the applicable federal or state confidentiality laws, at the same time the document is available to the defendant or his or her counsel. (Acts 1995, No , & 14.) The mother of the victim stated the probation officer nor any other official contacted her about this right. How could he make such a recommendation without talking to the family about the impact it has had on them. What happened to the probation officer considering the economic, physical, and psychological impact on the immediate family? I can certainly assure you that if one of the defendants rights were violated it would have been rectified immediately or it would have been appealed before the ink was dry. What about the victims rights? Are we ever going to be able to enforce them? It really rests on the judge to make an appropriate sentence for the crime. He does not have to go by anyone s recommendation. He doesn t even have to honor a plea bargain. Justice is in the hands of the judge and justice certainly failed Michael Woodson and his family.

8 PAGE 8 VOCAL NEWSLETTER MARCH 2008 Jefferson County Cases Victim Daniel Gamble Defendant Phillip Dudley Turmain Jury Trial Guilty Judge Cole sentenced to life in prison 30 family members of the victim were present Victim Deana Page Defendant Rita Hinkle Jury Trial Guilty of Capital Murder (shooting into a vehicle) Judge Bahakel sentenced to life w/o parole Victim Aqua Morgan Defendant Huey Person, Jr. Jury Trial Guilty of Manslaughter Judge Cole sentenced to 30 years Victim Lavare Davis Defendant Desmond Hawkins Pled Guilty to Manslaughter Judge Bahakel sentenced to 20 years Victim Franco Quartez Johnson Defendant Jarvis Craig Jury Trial Not Guilty Victim Samuel Perryman (age 2) Defendant Dexter Arrington Pled guilty to Capital Murder Judge Vinson sentenced to life w/o parole Victim Jamell Gamble Defendant Eugene Stafford Jury Trial Guilty of Murder Judge Nail sentenced to life Montgomery County Cases Victim Onekki Boyd Defendant Tabarra Devon McKinnon Defense Attorney Richard Keith Charge Murder Judge McCooey life sentence Victim James Oliver Defendant Demond Lamar Gilchrist Defense Attorney Aimee Smith Charge Murder Judge Shashy 25 year sentence Victim Phillip Morgan Defendant Ivan Lamont Fields Defense Attorney Michael Kidd Charge Murder Judge JH 30 year sentence Victim Timothy McCall Defendant Reginald Powell Defense Attorney Michael Kidd/Richard White Charge Murder Guilty Plea Judge McCooey split sentence; serve 3 years; probation 2 years Victim Onekki Boyd Defendant Kertavis Wayne Judkins Defense Benjamin Schoettker Charge Murder Guilty Plea Judge McCooey 25 year sentence Victim Gary Alicia Defendant Cornelius Stinson Defense Attorney Richard White Charge Murder Guilty Plea Sentence Split Serve 3 years; probation TWO SETS OF VICTIMS Meetings Attended and Speaking Engagements Manslaughter Legislation Attorney General and Victim Service Officer Teaching Victims Rights at APOSTC in Tuscaloosa Department of Corrections Vernon Barnett concerning the Goodtime law Maxwell Federal Prison presentation on VOCAL Teaching Victims Rights at Northport Academy Mourning to Morning process of mourning Alabama s Sentencing Commission meeting Truth in Sentencing Committee Victims Served in family members of homicide victims assisted 155 family members assisted with crisis counseling and support 11 families assisted with funeral arrangements 450 individuals with on-going counseling/therapy Training for 180 police cadets Attended meetings with prosecutors and 24 families Protested 120 paroles with family members of homicide victims 11 crime scene clean ups Supported 255 family members at trials, sentencing, preliminary hearings, and motion hearings I received an from Sherrie Stone asking if I believed there were two sets of victims when a murder is committed. Sherrie Stone is the daughter of death row inmate Thomas Arthur. Thomas Arthur has received several stays of execution, the latest one by Governor Riley. Thomas Arthur was convicted of the murder of Troy Wicker, hired to commit the murder by Judy Wicker, the victim s wife. He was tried and convicted three different times by three different juries in 1982, 1985, and He was given the death penalty each time. This was Thomas Arthur s second murder. He was convicted in 1977, for the murder of the sister of his common law wife. She was shot through the eye just as Troy Wicker was. Thomas Arthur was at the Decatur Work Release Center serving his life sentence when he murdered Troy Wicker for his share of the insurance. Thomas Arthur escaped from the Colbert County Jail in 1986 while awaiting the start of his second retrial. He was captured in less than two months in Knoxville, where he was accused of bank robbery. To answer the question, yes, I do believe there are two sets of victims when a murder is committed, but when the murderer s daughter defends the murderer she is no longer a victim. Ms. Stone states that she is a victim and wants closure, but we know that there will never be any, just as there hasn t been for the past 31 years. Ms. Stone can create her own closure by accepting her father as the murderer he is, instead of advocating to get him released. Ms. Stone states that she has gone through 25 years of torture with this situation and she is traumatized. I found it truly amazing that not one word of her referred to the torture Troy Wicker s family endures daily. Ms. Stone is free to walk away from the situation. Troy Wicker s family cannot. If Ms. Stone is a victim, it is because she chooses to be, while the Wicker family has no choice. Joyce Miller

9 MARCH 2008 VOCAL NEWSLETTER PAGE 9 We have all heard parts of Miriam Shehane s story from time to time, but this is from Miriam, as it appeared in Attorney General Troy King s first newsletter: I am writing this on December 21 st, just four days before Christmas. I am reminded that this is the joyous season known to mankind. Indeed, it is for me also, but due to three evil people, my Christmas spirit has been somewhat shattered. Yesterday, thirty-one years ago, Edward s life and my became a nightmare that no parent should ever have to endure a call from Birmingham that our 21 year old daughter, Quenette, had left the Birmingham Southern campus to purchase a bottle of salad dressing and after several hours had not returned. This began a torturous experience that has not ended to this day. We knew in our innermost souls that something tragic had happened to our precious daughter, but we still prayed for a miracle that she would return to those of us who loved her so dearly. Sadly, that miracle never happened. Quenette s nude, frozen, and bullet ridden body was found where it had been dumped like a bag of trash. There are no words that can describe the agony we felt. Ultimately, three Daniel Payne College fraternity brothers were arrested and charged with capital murder. Then the experience with the judicial process began. I, as all crime victims felt assured the system was going to be able to seek and get the justice these rapists/murderers deserved. As we progressed through the system, I was rudely awakened to the fact that, even though we had the very best prosecuting attorneys, Alabama legislation had been passed over the years that had caused the scales of justice to be so unbalanced that it boggled my mind. I realized I knew practically nothing about a system that, when I needed it so desperately, had given all the rights to the perpetrator while leaving the victims with nothing. For instance, why was the defense attorney allowed to have two jury strikes and the prosecution only one? Why was the defendant allowed to sit in the courtroom, even though he could testify, and the victims were excluded? Why was the victim completely in the dark when their offender came up for parole? Why was there no assistance to the innocent crime victims due to their victimization? The whys went on and on. As we went through the system over a period of five years and seven trials, I became more and more aware that even though Quenette was as innocent as a newborn baby, it didn t matter. Even more disturbing, I discovered that the majority of people both educated and uneducated, were as ignorant of the process as I was. We were electing people to make decisions so crucial to law abiding citizens and never took the initiative to find out if those decisions would be detrimental to us. In exasperation, we victims cried out When in heaven s name did our legislators start having this mindset to protect the defendant at all cost? The answer came by asking us to observe the makeup of the legislature, majority defense attorneys with key positions. That is when the light bulb came on. We needed to get our message out to the public and put pressure on the legislature to do the just and right thing by giving the victims the same rights as the perpetrator. And how could this be accomplished? To have a network of crime victims, we would have to officially organize and speak in one voice. We have been doing this since November 15, 1982, and we have been a force to be reckoned with. I wish I could report that Wallace Norell Thomas, Eddie Bernard Neal and Jerry Lee Jones all got their just punishment for raping and brutally killing Quenette, but we victims know all too well that anytime we are forced to have retrials and delays, the likelihood of getting true justice becomes more difficult. Wallace Norell Thomas was executed on July 13, 1990, but due to a liberal judge who never imposed or upheld a jury s recommendation for death, Eddie Bernard Neal s sentence was commuted to life without parole. After three trials, Jerry Lee Jones wound up with a murder conviction and received a life sentence. This means our family must spend the rest of our lives fighting for the justice we know our vivacious five-foot child deserves. Jones s next parole hearing is scheduled for May, These parole hearings always set victims back to square one. Quenette s dream was to become an elementary school teacher because she loved children. She was to begin the master s program at Auburn University on January 4 th even though she and her dad were staunch Alabama fans. Quenette had so much good in her and had the potential to do great things in her life. What she could have been was cut short not by natural causes or an unintentional act but by three cruel and heartless individuals. She, by the way, loved Christmas and was still a child at heart, anticipating all the celebration that occurs. Because this was her favorite time of the year, we place a Christmas tree on her grave each year. No, we were not satisfied with Jones and Neal s sentences, but the longer I work in the victims movement; the more convinced I am that God led me to this work in order for me to realize that we are more fortunate than thousands of other crime victims who receive less justice than our family. It is also extremely therapeutic to help others who have unfortunately experienced similar circumstances. I am often asked when I plan to retire. I honestly can t answer that question: however, I must confess that my body may make that decision for me. I see no indication that crime victims are less in numbers and they definitely are in need of assistance. I encourage all who are physically and mentally able to step forward and give of themselves to a devastated crime victim. Sometimes just listening without being judgmental is all that is needed. Each of us is unique in how we cope with our victimization, and no one way is necessarily the right way. The main thing is to let victims know that just because they want justice doesn t mean they are revengeful. Most importantly, remember that with God s help and the support of others, victims can and will survive. Quenette Shehane s legacy lives on through her parent s founding of Alabama s largest victims rights organization, Victims of Crime and Leniency, VOCAL provides a wide array of advocacy and other services to crime victims and survivors throughout Alabama. You may contact them at: (800) or at

10 PAGE 10 VOCAL NEWSLETTER MARCH 2008 HONORING THOSE WHO BRING HONOR TO VICTIMS IN ALABAMA NATIONAL CRIME VICTIMS RIGHTS WEEK AWARDS V.O.C.A.L. (Victims of Crime and Leniency) and VOCAL Angel House annually recognizes individuals and organizations that demonstrate outstanding service in supporting victims and victim services. As the discipline of crime victim services has grown over the years, so has the number of remarkable individuals that significantly contribute to its success. Today, the field includes countless people who through vision, action and leadership have improved the lives of victims in the aftermath of crime. We invite you to submit a nomination for one or more of seven awards. In making your nominations, we encourage you to recognize individuals who have made significant contributions to the crime victims field and/or to crime victims. Recipients of the awards will be honored in Montgomery as part of the national commemoration of National Crime Victims Rights Week (NCVRW), which is scheduled for April 13-19, Governor Riley will present these awards. SUBMISSION GUIDELINES FOR AWARDS A nomination letter must accompany each nomination form. No anonymous nominations will be accepted. Each form must include the nominee s name, title, organization, address, and telephone number. Nominations should not exceed two single sided, double spaced pages and should be typed and should reflect as much as you know about your nominee s accomplishments and services in supporting victims. Please review the award categories carefully and select the category that most accurately reflects your nominee s accomplishments and services in supporting crime victims. You can only nominate one individual to one category. Please provide additional information about the nominated individual that should be considered in the review process. Supporting documentation such as newspaper articles can also be attached. DEADLINE FOR SUBMITTING NOMINATIONS Nomination forms and supporting materials must be received no later than Monday, March 17, 2008 and should be mailed to: V.O.C.A.L. State Headquarters, Attention: Selection Committee, P.O. Box 4449, Montgomery, Alabama If you have any questions about the award nominations or selection process, please call Shelly Linderman at (800) The nomination form is also on the VOCAL Website at ELIGIBILITY GUIDELINES You may nominate one or more worthy individuals. Candidates nominated but not selected in previous years are eligible for consideration. Previous award winners, however, are not eligible to be nominated and will not be considered for the same award. SIGNIFICANCE OF THE AWARDS Each year, through the prestigious Miriam Shehane Award, V.O.C.A.L. honors extraordinary individuals who exemplify the long-term commitment that characterizes individuals who work with victims with the same caliber of dogmatic passion and concern as the one who this award was named in honor of. The State King Solomon Award was instituted in 2004 to recognize a jurist that through their leadership, vision, and innovation have led to changes in the criminal justice system. The State Ronald Wilson Reagan Award was instituted in 2005 in memory of the president responsible for claiming the first Victims Rights Week. President Reagan was a visionary who saw a need for the renewed emphasis on and an enhanced sensitivity to the rights of victims. This award will bring honor to those in the field of law enforcement, the District Attorney s Office or attorneys that share the same vision regarding equal justice and representation as President Reagan. The State Law Enforcement Officer of the Year Award honors those in the field of law enforcement who go beyond the call of duty to assist victims in their time of need. The individual will be one that shows respect and dignity above all else to crime victims and their families. The State Prosecutor of the Year Award recognizes those in the field of the District Attorney s Offices that exhibit exceptional perseverance and determination to get the job done and work with the victim and/or their family. To show respect and dignity and, above all else, does what the victim wants and listens to the victim. The State Victim Service Officer of the Year Award recognizes those in the field working within the District Attorney s Offices that exhibit exceptional compassion and empathy for the victim and/or their family. An individual who treats the victim with kindness and care and who keeps the victims informed of their case. The State Volunteer of the Year Award honors individuals for their selfless efforts to reach out to victims. This includes individuals who give emotional and physical support in court, crisis counseling, etc.