Arizona Justice: The very strange case of Patrick Bearup

Arizona Justice: The very strange case of Patrick  Bearup

Fact-based reporting

by Rob Roman

research by Amanda Chen

dancing bears 2

 

In the midst of the Jodi Arias trial, people tend to forget that this case is happening in the state of Arizona. There are 18 states without the Death Penalty and there are 32 states plus the Federal Government that have the Death Penalty. The Federal Government, mostly due to acts of international and domestic terrorism, has dramatically increased the qualifications for and the use of the Death Penalty.

 

Among the states with the Death Penalty, there are states that rarely use it, there are states that use it, but are reluctant to carry out executions, and there are states that actively use and carry out the death penalty. Texas is a very prominent user and enforcer of the D.P., so is Ohio, Florida, Oklahoma, and, of course, Arizona.

 

STATES WITH THE DEATH PENALTY (32) ·
Alabama
Arizona
Arkansas
California
Colorado
Delaware
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Louisiana
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
WyomingALSO
– U.S. Gov’t
– U.S. Military
STATES WITHOUT THE DEATH PENALTY (18) (YEAR ABOLISHED IN PARENTHESES)
Alaska (1957)
Connecticut** (2012)
Hawaii (1957)
Illinois (2011)
Iowa (1965)
Maine (1887)
Maryland*** (2013)
Massachusetts (1984)
Michigan (1846)
Minnesota (1911)
New Jersey (2007)
New Mexico* (2009)
New York (2007)#
North Dakota (1973)
Rhode Island (1984)^
Vermont (1964)
West Virginia (1965)
Wisconsin (1853)ALSO
Dist. of Columbia (1981)

http://www.deathpenaltyinfo.org/states-and-without-death-penalty

 

constitution

Furman vs. Georgia was the landmark 1972 U.S. Supreme Court decision making the Death Penalty as practiced unconstitutional and saved the lives of the Manson family, for one. The decision paved the way for Capital punishment, formerly used for crimes like rape, to be used only for 1st degree murder. The decision caused all states using the Death Penalty to employ some sort of guidelines to narrow the types of cases which could qualify for the Death Penalty and make these qualifications uniform and fair.

The idea was to prevent prosecutors from using too much discretion to be able to unfairly target any particular individual with the Death Penalty. Many states used statutory guidelines called “aggravating circumstances” or “special circumstances”. For example, O.J. Simpson was charged with murder with the special circumstances of “lying in wait” and “multiple murders” (Ron Goldman and Nicole Brown Simpson). The prosecutor made the decision to take the D.P. off the table for the football star and celebrity, even though the crime qualified for this penalty in California.

Most states have similar aggravating circumstances such as the murder of a child, multiple murders, prior violent felonies, conspiracy, murder for monetary gain, or the murder of a police officer. Arizona has all these aggravators, but they have added more and more to the list until now, many people believe there is almost no murder that cannot qualify for the Death Penalty if the prosecutor chooses to use it. This seems to go against the entire purpose of Furman vs. Georgia.

mahatma-gandhi-quotes-036

The Arizona statutes now have 14 aggravating circumstances to qualify a defendant for the death penalty.

  1. Prior offense for which a sentence of life imprisonment or death was imposable.
  2. Prior serious offense even if committed at the same time as the murder.
  3. In the commission of the offense the defendant knowingly created a grave risk of death to another person besides the murdered person.
  4. The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value (conspiracy).
  5. The defendant committed the offense as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value (murder for hire).
  6. The defendant committed the offense in an especially heinous, cruel or depraved manner.
  7. The defendant committed the offense while in custody, or on parole for a violent offense.
  8. Multiple murders.
  9. Murder of a child or unborn child or a person over the age of seventy.
  10. Murder of a Police Officer.
  11. Murder as part of or to join a street gang or syndicate.
  12. Murder of a witness or Police informant.
  13. Cold and Calculated.
  14. Use of a stun gun during the murder.

This caused some public defenders in Arizona to make this statement:

“Two public defenders in Arizona’s Maricopa County contend that the state’s death penalty law is unconstitutional because its aggravating factors allow for a death sentence in virtually every first-degree murder case.”

The statute, they argue in the motion filed in February, “has no method of meaningfully distinguishing the few cases in which death is deserved from the many cases in which it is not.” The New York Times mentions the motion in a story about less culpable defendants who draw harsher sentences than co-defendants.”

http://www.abajournal.com/news/article/pds_argue_arizonas_death_penalty_law_is_unconstitutional_because_it_is_indi/

20140802texas-race-death-sentence

Most of Arizona’s 14 aggravating circumstances are the same as most other Death Penalty states. The use of a stun gun (Number 14) doesn’t seem to make too much sense. “Cold and Calculated” sounds good, but the interpretation of exactly what that means could cause problems. Numbers 2 and 3 are unique to Arizona.

Number 2, like most states, provides that a prior violent felony can qualify a murderer for the death penalty. But in Arizona, that “prior” violent felony can be committed at the same time as the murder. This means that if the defendant is not guilty of the murder, then they might also be not guilty of another felony committed during the murder. So there is then a scenario in which an innocent person can be found both guilty of the murder AND qualify for the Death Penalty. Arizona has used this aggravator to impose the Death Penalty on defendants whose crimes would not normally qualify at all.

Number 3 seems reasonable, that a defendant who created a grave risk of death to another person besides the murdered person qualifies for the Death Penalty. This aggravator however, also seems to be wide open to interpretation.

heinous

The gold standard in Arizona, though, is number 6, the “especially heinous, cruel and depraved” aggravator. This aggravator has 3 “prongs”. There can be a finding of any combination of the three. The prong that is the most wide- open to interpretation is the Cruelty prong. As a matter of fact, 6 of the 8 most recently executed prisoners in Arizona had “especially cruel” as one aggravating factor.

That is the aggravating factor used in two out of three of the most recent Death Penalty cases in Arizona, Jodi Arias and Marissa DeVault. Cruelty stands out in Arizona as being applicable to almost any murder. There is no “especially” in “especially cruel”. According to the statute and the jury instructions, the prosecution has to show that the victim suffered, either mentally or physically, and the defendant knew they would suffer.

Why is this a problem? The problem is that almost every murder victim suffers. Even people who die a natural death suffer. There is nothing in the statute or jury instructions which make the distinction of extreme, extraordinary, or above average suffering, it is simply any suffering at all. On this basis, not just most murders but most natural deaths, even death by lethal injection, fit this definition. The Arizona aggravating circumstance, as written and as explained in the jury instructions, can be made to fit almost any murder. Defense attorneys have claimed this, Kirk Nurmi filed an appeal on this basis in the Jodi Arias case, and we have claimed this here at SpotightOnLaw.

So between this cruelty aggravator, the 14 Arizona Death Penalty Aggravators, and the other 3 strange aggravating circumstances, it seems clear that Arizona has a scheme to make any murder fit the Death Penalty qualifications if they want it to, thus violating at least the spirit of Furman vs. Georgia.

Maricopa County Prosecutor Juan Martinez even tried, unsuccessfully, in State vs. Miller to make execution style murders fit under the especially cruel aggravator.

More than this, the actions of Arizona prosecutors show that they target specific individuals with the Death Penalty, while not invoking the Death Penalty for other defendants whose crimes are as bad or much worse than those targeted.

 

Robert Towery - Executed March 8, 2012
Robert Towery – Executed March 8, 2012

SpotlightOnLaw showed the large disparity between the punishment of Robert Towery (Death), and his accomplice, Randy Barker (10 years) in the strangulation murder of retired philanthropist Mark Jones. We also showed the large disparity in the punishment between Richard Dale Stokley (Death) and his accomplice, Randy Brazeal (20 years), in the rape and murder of two 13 year-old girls.

Mandey Meyers, 13. Raped and murdered by Dale Stokely and Randy Brazeal.
Mandey Meyers, 13. Raped and murdered by Dale Stokely and Randy Brazeal.
Mary Snyder, 13. Raped and murdered by Randy Brazeal.
Mary Snyder, 13. Raped and murdered by Randy Brazeal.
Randy Brazeal, released back into society July 2011
Randy Brazeal, released back into society July 2011

Sometimes it’s necessary to give a sweetheart deal to one of the defendants in a murder case in order to get needed testimony and evidence against the other(s). We saw this with the Manson family, as first Susan Atkins and then Linda Kasabian, were given sweetheart deals in exchange for testimony that would help convict the other Manson defendants.

Usually, you have the least culpable defendant testify against the more culpable defendants. Randy Barker was Robert Towery’s accomplice, but Towery is the one who strangled the victim to death. Linda Kasabian was with the Manson murderers, but she was the designated driver and she did not participate in the actual killings. But in Arizona, they needlessly give co-defendants a sweetheart deal in order to get the Death Penalty for the other.

In the case of Robert Towery, Robert knew Mark Jones and devised the home invasion robbery. Robert Towery was the one who strangled the 68 year-old victim to death. While Towery was executed, his accomplice received 10 years and is now living among us. Towery was a meth. addict and had been severely abused as a child. It was prosecutor Juan Martinez who prevented Towery’s sentence from being commuted to life by falsely claiming there was no evidence of childhood abuse and falsely claiming that Towery injected the victim with battery acid (a claim that had been disproved 20 years earlier). It was Juan Martinez who made sure Towery was executed 6 days after his commutation hearing. Robert Towery was the more culpable of the two, yet the disparity in sentencing was massive.

In the case of Richard Dale Stokley, the opposite occurred. Two young girls were kidnapped, raped and murdered. Stokley couldn’t live with his guilt and went to the police the next day and confessed. Randy Brazeal knew the sister of one of the 13 year-old girls. He devised the kidnapping, rapes and murders. It was his car and entirely his plan. Most of the evidence pointed at him and he raped both girls.

Richard Stokely, executed December, 5, 2012.
Richard Stokely, executed December, 5, 2012.

Richard Stokley was more or less just along for the ride. But Randy Brazeal claimed that Richard Stokley was the mastermind of the murders. He made a deal to testify against Stokely before DNA tests came back showing Brazeal had raped both girls. As a result, Stokley was sentenced to death and executed in 2012. Brazeal served 20 years. Brazeal was released in 2011 and was recently arrested (July 2014) in Arkansas for “urinating on Horseshoe Lake City Hall”.

http://www.kpho.com/story/26096822/convicted-murderer-urinates-on-city-hall

http://murderpedia.org/male.S/s/stokley-richard.htm

Similarly, Daniel Wayne Cook was sentenced to death in 1988 and executed in 2012. He and an accomplice, John Matzke, brutally murdered Matzke’s 26 year-old roommate and a 16 year-old co-worker. The murders included sodomy, torture, strangulation, purposely prolonging the murders and the burning of the victims genitals with cigarettes. John Matzke, received only 20 years for these heinous murders and is reported to be living in Tucson, Arizona, under an assumed name. We could not even find a photo of Matzke, who’s identity has been carefully hidden by prosecutors. Did prosecutors really need to give these sweetheart deals in order to convict their accomplices? Not really, but they needed them in order to achieve the Death Penalty for their accomplices.

Without the Death Penalty being involved, all these murderers would likely still be behind bars. Arizona prosecutors didn’t seem to mind that equally culpable or even more culpable defendants were allowed to plead to 2nd degree murder and get relatively short sentences, as long as one of the defendants got the Death Penalty. Sure, it’s great for the prosecution that one of the defendants was sentenced to death, but the other vicious and dangerous murderers were released out into the public.

Patrick Bearup. Sentenced to death on February 5, 2007, for the Februeary 2002 slaying, with 3 accomplices, of Mark Mathes.
Patrick Bearup. Sentenced to death on February 5, 2007, for the February 2002 slaying, with 3 accomplices, of Mark Mathes.

It didn’t seem to matter either, to Arizona prosecutors, if the more culpable defendant got a sweetheart deal as long as somebody was made to pay and sit on Death Row. This leads us to the very strange case of Patrick Bearup.

Four “skinheads” were arrested for the murder of Mark Mathes. Mathes was the roommate of Jessica Nelson, who thought Mathes had stolen $200 from her room. She called her “skinhead” friends and the four murdered the roommate. They were soon arrested as suspects in the murder.

 

 

Deadheads
Deadheads

 

Skinheads
Skinheads

“One of those defendants was Patrick Bearup, who helped three co-defendants in the murder of a man they accused of stealing $200 from his roommate. By all accounts, the Times says, Bearup was not directly involved in the killing, though he did help dispose of the body and severed one of the victim’s fingers to retrieve a ring. Bearup was the only defendant in the Maricopa County case to receive the death penalty. The three others, including a defendant who shot the victim, accepted plea deals and avoided execution.”

http://www.nytimes.com/2013/04/06/us/in-many-capital-cases-less-culpable-defendants-receive-death-penalty.html?pagewanted=all&_r=0

 

Patrick Bearup
Patrick Bearup

Patrick Bearup didn’t beat the victim nearly to death with a baseball bat, he was not in the car that concealed the victim in the trunk. He didn’t shoot him twice with a shotgun, and he didn’t throw him over a cliff. His co-defendants did. Yet they all were allowed to plead guilty to 2nd degree murder while Patrick Bearup was sentenced to death.

Not coincidentally, Patrick Bearup is the son of Tom Bearup, a man who worked for Maricopa County and was Sheriff Joe Arpaio’s right hand man.

That is, until they had a big falling out. In fact, Tom Bearup was a born and bred local who gave support and legitimacy to Sheriff Joe, a transplant from Massachusetts . Tom Bearup rationalized Joe’s eccentricities to co-workers and assured the others that Sheriff Joe was a good leader. It wasn’t long before they had a falling out and became enemies.

Tom Bearup
Tom Bearup

Tom Bearup didn’t like how Joe Arpaio was making lots of money on the side selling pink underwear to the public (mimicking the pink underwear he forces all prisoners, men and women, to wear) and diverting the money to his personal “posse”. Tom Bearup started sounding the alarm that Sheriff Joe had crossed the line from eccentricity to being a very dangerous person. He clashed with Arpaio over the wrongful death of Scott Norberg, which cost the county 8.25 million dollars. Tom stopped supporting Sheriff Joe, claiming Joe had “turned into a monster”.

 

sheriff-joe-arpaio-pink-boxers brt

“In 1992, Arpaio, a longtime DEA agent, was elected sheriff in Maricopa County, the largest in Arizona, which includes Phoenix and its suburbs. Bearup was raised in Phoenix, and besides having been a police officer in and mayor of Soldotna, he was a longtime Republican operative. He worked with the Reagan administration, and was once nominated to be the U.S. ambassador to South Korea. His reputation and connections helped Arpaio secure his position.

After Arpaio was elected, Bearup became an executive officer in the new sheriff’s office. He was Arpaio’s right hand man, the buffer between underlings and the big guy. He managed the sheriff’s publicity and media relations—no small task for a lawman obsessed with seeing himself on television. In the process, Bearup helped forge Arpaio’s mythic persona—that of “America’s Toughest Sheriff,” a title later made famous by a January 1996 profile in Penthouse magazine (and also the title of Arpaio’s 1996 book).

Arpaio is known for many things: his “Tent City” jail, constructed of Korean War-era tents on concrete in a city that’s temperature reaches more than 110 degrees (43.,3 degrees C.) for long stretches; male, female, and juvenile chain gangs; dressing inmates in stripes and feeding them green bologna; and, not least of all, inmates dying in his jails. In 1997 Amnesty International issued a condemnation of many of these practices.

 

Joe Arpaio - "America's Toughest Sheriff" - according to Sheriff Joe Arpaio.
Joe Arpaio – “America’s Toughest Sheriff” – according to Sheriff Joe Arpaio.

“I’m so embarrassed that I’ve ever had the relationship I had with Joe Arpaio, because I helped him get to where he’s at,” Bearup tells Kelley. “I think a lot of it was my credibility that got him to where he’s at, because people trusted me when I told them about him. ‘Don’t worry about that, he’s a little bit eccentric, but his heart is in the right place. He wants to do the right thing.’ And I know there was something in my heart that said maybe there’s something wrong there… the guy’s a little wacky in some areas…He became a monster. And that monster is not anything that I could be with.”

Bearup ended up running against Arpaio after leaving the MCSO. His opposition to Joe earned him retaliation in the form of wiretaps and being tailed by undercover deputies. Bearup and his wife Adele eventually gave up on Arizona, heading north to Alaska, and freedom from fear.

adult-grateful-dead-green-dancing-bear-costume

But there’s another, sadder part to Bearup’s life, his son Patrick’s involvement with neo-Nazi skinheads here in Sand Land and with the brutal 2002 skinhead slaying of 40-year-old Mark Mathes. Papa Bearup contends his son is innocent, but his son was convicted for his part in the killing, which according to testimony involved Patrick cutting Mathes’ ring finger off while Mathes was still alive. Patrick is currently the only one on death row for the murder, though all parties agree he did not strike any of the fatal blows in Mathes’ beating death. Two others involved copped pleas. Ringleader Sean Gaines is still awaiting trial.

I’ve read about Patrick’s story before, and though he may not deserve to be on death row, it’s hard to feel any sympathy for him. Bearup’s die-hard belief in his son’s innocence seems borne of a father’s willful blindness more than reality.”

 

http://www.arpaio.com/forum/viewtopic.php?t=272&start=0&postdays=0&postorder=asc&highlight=&sid=85a2a3c4a6e37a07075946fcfe8b449b

http://www.arpaio.com/forum/viewtopic.php?p=947

 

June, 1996

scott-norberg-lt-2 (1)

Scott Norberg was a local football star who got drunk and got in trouble with the law.

Amnesty International believes Scott Norberg was shocked multiple times with a stun-gun while he was handcuffed and forced into a face-down position. He was then transported to a restraint chair and strapped in with a towel over his face. He was surrounded by a gaggle of Corrections Officers.

After some time working on him, they quickly dispersed, laughing. Norberg wasn’t moving. There were allegations that the scene was washed down and evidence destroyed. After he was found dead, detention officers accused Norberg of attacking them.

Settlement $8.25 million dollars.

http://www.phoenixnewtimes.com/1999-01-14/news/the-8-million-victim/full/

 

patrick bearup

Bearup, Patrick

With three accomplices charged with beating a man half to death with a baseball bat, throwing him in the trunk of a car, cutting off his finger, shooting him twice with a shotgun and throwing him off a cliff.

“The three men got out of their vehicles and approached the Mathes home. Gaines carried a loaded shotgun, Johnson had an aluminum baseball bat, and Bearup had a folding knife with a nine- or ten-inch blade. They advanced across the backyard toward Mark, who was sitting on the rear patio with Nelson.

Bearup, Johnson, and Gaines surrounded Mark. Johnson attacked Mark with the baseball bat, striking him in the head and upper torso as many as twenty-five times. Bearup maintained his location throughout the assault, preventing Mark from leaving.

The witnesses disagreed about whether Mark was alive following the beating. Nelson was certain that Mark was killed on the patio, while Johnson claimed that Mark was still conscious and groaning. After the attack, Johnson and Bearup dragged Mark to one of the cars and stuffed him in the trunk. Bearup kicked Mark’s head to make him fit into the trunk.

The four perpetrators got into two vehicles – Bearup and Nelson in Bearup’s car and Johnson and Gaines in the vehicle containing Mark’s body – and drove to an isolated area near Crown King. Johnson testified that he heard Mark mumbling and moaning in the trunk during the drive.

When the cars stopped on Crown King Road, Bearup pulled Mark from the trunk. Gaines and Nelson stripped him to make the body more difficult to identify. Nelson was unsuccessfully attempting to remove Mark’s ring when Bearup approached and cut off the finger with a pair of wire clippers. Mark was then thrown over the guardrail and, as he lay in the ravine below, Gaines shot him twice.”

http://murderpedia.org/male.B/b/bearup-patrick.htm

 

“Mr. Bearup’s case was one of 135 pending capital cases in Maricopa County in 2006, more than the combined number of cases in the next three jurisdictions at the top of the list: Los Angeles County, California and Clark County, Nevada., each with 36; and Harris County, Texas, with 17”

 

“The highest number of pending cases was 149 death penalty cases.” This is in Maricopa County alone.

http://www.omlaw.com/uploads/publications/2012-04%20-%20LAH%20-%20ARTICLES%20%20Capital%20Case%20Crisis%20in%20Maricopa%20County%20Arizona%20and%20A%20Response%20From%20the%20%20(4).pdf

http://www.deathpenaltyinfo.org/documents/2011__Year__End.pdf

http://www.abajournal.com/magazine/article/pending_death_penalty_cases_weigh_against_maricopa_county/

 

Is it just a coincidence that the least culpable of 4 perpetrators of a horrendous crime sits on death row when the 3 people most responsible and who caused the death of the victim directly got sweetheart deals?

What kind of justice is this? All three should have gotten life sentences.

 

charles-manson

Well, you might say, Patrick Bearup was the leader who, like Charles Manson, didn’t get his hands dirty. However, it’s undisputed that Sean Gaines was the leader of the gang.

 

The 3 others will all be up for parole between 2019 and 2028 and could be out of prison and living in your neighborhood in 5 to 14 years.

 

Sean Gaines, 22, Jessica Nelson, 27, Patrick Bearup, 26, and Jeremy Johnson, 20, were arrested by Phoenix police on September 10 and 11, 2003 on charges of the murder of Mark Mathes.

 

jessica nelson

Jessica Nelson (14 years) –

Instigated the murder of her roommate. Mark Mathes, accusing him of stealing $200 and calling her skinhead friends, asking them to exact revenge

 

Eligible for parole 2019

 

jeremy johnson

Jeremy Johnson (14 years) –

Beat Mark Mathes nearly to death with a baseball bat, tossed him in a trunk and helped throw him off a cliff.

 

Eligible for parole 2019

 

sean gaines

Sean Gaines (25 years) –

Blasted Mark Mathes twice with a shotgun, and helped throw him off a cliff.

 

Eligible for parole 2028

 

bearup

Patrick Bearup

– Helped stuff Mathes into the trunk of a car and cut off Mathes’ ring finger to retrieve a ring.

 

Sentenced to Death

 

To his credit, Sean Gaines is reported to have denounced racism and his skinhead association, saying,  “I’m tired of living a lie. They can kill me, but at least they kill me with all of this off my shoulders.”

http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/2008/spring/the-transformation

 

Jessica Nelson and Sean Gaines.
Jessica Nelson and Sean Gaines.
Sean Gaines
Sean Gaines

 

 

“Superior Court Judge Warren Granville chastised the County Attorney’s Office at the time over the disparity in sentencing in the Mathes affair. “Granville was not pleased that Bearup was the only defendant facing the death penalty.”

 

dancing_bear_serbian-in-bulgaria

 

 

“He wrote in a 2007 minute entry:

The County Attorney, as the law allows, made a unilateral decision not to withdraw the death notice for Mr. Bearup, a defendant who, even under the State’s theory of the case, did not cause the physical death of Mr. Mathis.[sic] Under the State’s theory of the case, Mr. Bearup acted only as support for Mr. Johnson as he baseball batted Mr. Mathis [sic] to death or to near death, and helped drag Mr. Mathis [sic] to a car trunk and the desert. Under the State’s theory, Mr. Bearup’s act of cutting off Mr. Mathis’ [sic] ring finger while cruel and heinous, was not a cause of the death.”

“Granville further noted:

“This Court, nonetheless, finds that Mr. Bearup’s death penalty sentence for Count 1 was not justified in the context of the relative responsibility of the co-defendants whom the County Attorney chose to withdraw the notices of death and reduce their sentencing range. It is the County Attorney’s motto that `let justice be done.’ This, of course, coincides with a prosecutor’s unique ethical responsibility. This Court finds that justice was not done for Mr. Bearup in Count 1.”

 

“Patrick Bearup was no angel, by all accounts. I know his father was upset when I said in my 2008 column that I figured Bearup probably deserved to spend the rest of his life in prison. But to face execution, when the ringleader and the main protagonists cheat death? That’s more than a little whack.”

“Which is why I regard the death penalty as an obscene joke, one that should be banned. The Mathes murder is but one example. There are a plethora of cases just like it, where justice is a card sharp’s game. But they receive little or no attention.”

The jurists and attorneys involved are all playing their assigned roles. I wouldn’t argue that they shouldn’t.

But if Bearup is executed while those more responsible for Mathes’ slaying live on with the hope of eventual release, that just further proves that capital punishment should be abolished, because our criminal justice system is not capable of meting out such draconian judgments equitably.”

http://blogs.phoenixnewtimes.com/bastard/2010/12/sean_gaines_gets_25_years_in_s.php

http://www.nytimes.com/2013/04/06/us/in-many-capital-cases-less-culpable-defendants-receive-death-penalty.html?pagewanted=all&_r=0

 

 

Protesting Arizona corruption
Protesting Arizona corruption
Arizona Governor Jan Brewer.
Arizona Governor Jan Brewer.

So, is there some kind of connection between the large number of Arizona wrongful convictions, the lack of the use of good forensic science, the tight budgeting of law enforcement in Arizona, the targeted use of the death penalty, more culpable defendants getting sweetheart deals, the secret deals and unexplained deaths in the jails of Sheriff Joe Arpaio, the omnipresence of corruption in Maricopa County, the checkered history of prosecutor Juan Martinez, and the Jodi Arias case?

 

Or are these all mere coincidences?

 

spotlighonlaw

At SpotLightOnLaw, we have been trying to demonstrate to you that there is such a connection. Please take a look at our past articles (especially “Spotlight on Juan Martinez”, “What’s Going On in Arizona, Maricopa?”, “Stranger than Fiction – The real Sheriff Joe” “The Executives and the Executed” and “Spotlight on Dr. Kevin Horn”)

 

It seems as if Arizona likes to run things on the cheap, ignore and avoid a lot of forensic science, target certain people with the Death Penalty, make a lot of under the table money with schemes such as taking the meat out of all prisoners meals, “video visitation” at 65 cents per minute – no more face to face visits allowed, and the sale of pink underwear, and corruption just seems to permeate all areas of their “justice system”. We all know the Jodi Arias case could have been settled long ago, but instead it goes on ad infinitum, along with the suffering of the Alexander family.

http://www.prisonpolicy.org/blog/2014/11/10/sheriff-joe-phases-out-in-person-visits/

 

Letter from Patrick Bearup (click to enlarge)
Letter from Patrick Bearup (click to enlarge)

Even though there is effectively zero evidence remaining against Deborah Milke in the shooting death of her young son, the D.A. still refuses to drop the charges against her after she wrongfully spent 23 years on Death Row. They cannot admit they were wrong and will not accept responsibility for the egregious error.

http://www.azcentral.com/news/articles/20131206mcso-to-allow-video-jail-visits-price.html

 

Why is the state more capricious about who lives and who dies than most murderers?
Why is the state more capricious about who lives and who dies than most murderers?

Whether the Jodi Arias case is as it appears to most people, or the truth of it has been carefully hidden, we do have her case to thank for shining a spotlight onto the very odd occurrences, the very strange case of Patrick Bearup as well as all the other really strange goings on which many people have helped to uncover in Maricopa County, Arizona.

 

Do YOU concur?

i-dont-know

Comments from all perspectives are welcome.

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https://www.facebook.com/pages/Spotlight-On-Law/189870931203328

 

dancing-bears-fleece-blanket

Interesting sources about the article above:

http://www.dailymail.co.uk/femail/article-2024664/They-said-monster-Casanova-Meet-woman-married-man-death-row.html

https://www.facebook.com/FreePatrickBearup/photos/a.444896288941973.1073741826.340851069346496/444896292275306/?type=1&theater

Heros, Zeroes, and Geniuses (Dec 8) #2 Lights Out

Heroes, Zeros, and Geniuses in the Jodi Arias Case #2 Lights Out

The Jodi Arias Murder Trial: The Other Side of the Story

geniuses

Fact – Based Reporting by

Rob Roman and Amanda Chen

Well folks, we now know that Jodi’s motion to dump her lead attorney was denied. The defense motions for a change of venue and individual voir dire (questioning) of the jury were also denied. The motion to obtain the Twitter handles of jurors was denied and the defense motion to sequester the jury was denied.

batmanJust a few days ago (Dec. 5), renewed motions again asking for a change of venue and individualized voir dire were denied again.

Judge Sherry Stephens has now officially become the Queen of Denial. We can call her Cleopatra. It seems the motion to move in slow motion was granted.

Jury selection is imminent, and the trial is scheduled to begin sometime in Mid-February, 2014.

A motion to limit media coverage was granted. It’s lights out for the 2nd penalty phase. We will have to depend on the few reporters who will be inside the courtroom.

So, it’s time for another Heros, Zeroes, and Geniuses segment. We have some from the original penalty and guilt phases as well as some current treasures, in both the normal and ironic senses of the word.

Hero #1

court cameras

Courtroom Cameras

Cameras will still be in the courtroom, however, and we will be able to watch the trial after it’s over. The entire original trial exists on YouTube and other internet sites for everyone to see. It’s your decision whether this was a fair or unfair trial. We say “No way, Jose!”

When hearing reports in the second penalty phase, it’s important to realize just who is doing the reporting and whether what is being reported is factual, or biased speculation. If the person making the report just happens to be hawking their latest book about Jodi Arias at the same time (like Josh Hoffner, the author of “Killer Girlfriend”), be cautious.

This is the guy who claimed he had a “stare down” with Jodi Arias in the courtroom, even though Jodi probably had no idea who he was and was just wondering who this man was who had appeared on her side of the courtroom. This Associated Press Journalist with lots of experience went on CNN’s headline news, but tellingly, had nothing other than that to report as he hawked his equally speculative book about the killing.

Hero #2

donavan

Donavan Bering

Also on Jodi’s side of the gallery almost every day of the trial was Jodi’s jailhouse friend, Donavan Bering. If the chips are down, and the whole world is against you, this is the friend you would want.

Ms. Bering was one of the few guests talking to reporters in support of Jodi Arias. She was a guest on CNN’s Headline News studio a few times, where she reportedly burned the house down!

Sorry, Donavan, just joking. Donavan showed a rare phenomenon in a friend known as loyalty, and she stuck by Jodi’s side through hell and high water.

Now free on parole from an arson conviction, Donavan, was absolutely vilified and lambasted by the media, for being nothing but a good and true friend. The world needs more people like Ms. Bering, who by many accounts is a really nice and caring person.

Hero #3

jennifer willmott lt

Jennifer Willmott

Not nearly enough attention was given to the truly heartfelt and heroic closing statements delivered by Arias’ 2nd chair attorney, Jennifer Willmott form the original penalty phase.

Just listen to it one more time (below).  This was a visceral and heart-felt plea for sparing the life of Jodi Arias. Ms. Willmott may have been responsible for the 4 jurors who would not back down on their votes for life.

When you have a tragedy, especially with Arias’ circumstances of good character, nothing more than a traffic ticket, and a lifelong mental illness, you try to salvage what is left from the tragedy. You don’t throw a person’s life away on the basis of what’s been presented in this case. Execution still hangs over Jodi Arias’ head, and it will be interesting to see which defense attorney does the closing arguments this time.

Zero #1

troy hayden brt

Troy Hayden (Fox News Phoenix)

and Ryan Owens (ABC correspondent)

This man is the Fox News reporter located in Phoenix, who interviewed Jodi Arias after the guilty verdict (see the video below). What Jodi said in this interview was the reason why she was confined to the jail psychiatric unit for 3 days after the guilty verdict (risk of being a danger to self). His interview was very fair, compared to the interview from Ryan Owens, an ABC correspondent.

ryan owensRyan Owens lied to Arias when he agreed not to show Jodi’s prison stripes or leg chains, as a condition of the interview. His reasoning was he didn’t have to abide by this agreement because it was made with Jodi Arias. Ryan Owens aggressively attacked Arias in the interview, demanding of Arias ‘When are you going to finally tell us what really happened in that bathroom?

 Jodi spent a lot of time under oath explaining what happened in the bathroom. What really didn’t happen in that bathroom is what the prosecution says happened, because the forensic and crime scene evidence contradicts their theory.

Last week, Troy Haden reported that he had interviewed a former cell-mate of Jodi’s who claims Arias wanted to know why Juan Martinez doesn’t love her and that Arias threatened to have Juan Martinez killed by way of “Mafia Bow tie”  or slit throat.

We became immediately suspicious because

super heroA)    No details were provided such as when was this said? Where was this said, under what circumstances was this said? How long was she cell-mates with Arias?

B)    No details were given about this cell-mate such as what was her crime, what is her current status, etc.

C)    No other statements were given from the former prisoner, besides the derisive statements about Arias. What else happened while the two were cellmates? Are there any positive things that happened?

No real reporter could take this report seriously. Yet all the major outlets and all the most popular blogs, and all the social media parroted it like it was gospel.

Few people reported any facts at all about this prisoner, who appeared to be quite obviously mentally ill.

Since there is now a media blackout, the media will be dependent on the reporters who are actually in the courtroom and viewing the trial live. So, it’s no small wonder what Troy Hayden was trying to do. Troy Hayden is another opportunist who wanted to get a scoop so he could set himself up as the go-to guy for the 2nd penalty phase. It’s really that simple.

Zero #2

nancy grace

Nancy Grace

At least we know Nancy Grace is not liked by people on all sides of this case, regardless of her odes to the fallen heroes in Afghanistan.

Nancy Grace  did everything in her power to incite the lynch mob against Jodi Arias, including declaring her guilty of premeditated murder a few days into the trial, because Travis was stabbed in the back. Actually, the stabs in the back may actually be defensive blows made by Arias while under or face to face with Travis Alexander. The description, shape and pattern of these wounds are much less likely to be made in an offensive manner as they would in a defensive manner.

zerosNancy was much more fair to Brett Seacat (fair trial – guilty – private legal team) and Dr. Martin MacNeil (fair trial – guilty –  private legal team). See if you can spot the differences.

The good news is that CNN and Headline news are now under a shake-up due to low ratings. The new boss has promised that CNN and HLN will be unrecognizable in 2014 from what they are now .

We hope this means Nancy grace will lose her show and get the old Heave-Ho. We are tired of watching her be rude to guests who disagree with her, hang up on them, talk over them, or disconnect them in mid-talk as she has done to Beth Karas and others so many times.

Zero #3

sheriff joe

Sheriff Joe Arpaio

Jodi Arias reported that a toilet near her cell was running continuously and yet no staff did anything about it for days. These are people who are supposed to notice stuff like that. So, it’s small wonder that other prisoners at the jail have cried and screamed for basic medical attention and nobody ever came around, after which they needed to be hospitalized and some died in their cells.

japanese zeroJoe made our list by reducing visiting hours just in time for the holiday to .5 hours per week (probably to save on overtime). Sheriff Joe also took all meat out of the prisoner’s meals to save money. He boasted that he had gotten Thanksgiving dinner down to a cost of just 60 cents per meal. Way to go, Joe!

Joe is such a good, frugal money saver, especially in election years in Arizona. So allow me to mention this fact from Wikipedia:

There have been two thousand lawsuits and the 43 million dollars in payouts against Sheriff Joe.  That’s “50 times as many prison- conditions lawsuits as there were in New York City, Los Angeles, Chicago, and Houston jail systems combined” (Sources: Wikipedia and AZCentral.com).

For a guy who sure can save that money, you sure are losing a damn awful lot of money. Say it ain’t so, Joe!

Genius #1

cassandra collins brt

Cassandra Collins

Okay, look at this hairdo and look at the facial expression. I don’t mean to be judgmental, but this was immediately indicative of mental illness, having worked in this field.

But that didn’t stop Troy Hayden from broadcasting every inflammatory word this woman had to say about Jodi Arias, including that Jodi Arias allegedly posed for Cassandra naked with her buttocks jacked up like she was in that famous photo that Travis took, and asked Cassandra “Does this look forced to you?”

Readers who know the facts later determined that Cassandra Collins was Jodi Arias’cell mate sometime in 2009.  If we wanted to research this for consistency and reliability, a good reporter would get the month and date these supposed things happened and see if they match up with testimony given in pre-trial hearings, etc.

sherry stephensJodi Arias denies this account. She also denies that she threatened to have prosecutor Juan Martinez killed if she received the Death Penalty, by way of a “Mafia Bow tie”.

A “mafia bow tie” is not listed in the urban dictionary at all, and is nothing but an actual bow tie. A Columbian or Mexican Neck tie, is when someone slits a victim’s throat and pulls their tongue through the slit, as a message to rivals.

Although, this was mildly amusing, few people reported the fact that Cassandra Collins was found to be incompetent to stand trial (not mentally capable of understanding the difference between right and wrong). Not only that, she was adjudicated as being “not likely to become competent any time in the near future”.

How do we know this? Jodi’s proxy tweeted the court records out on Twitter.

Did Jodi get naked and up close and personal to get Cassandra the hell out of her cell? I wouldn’t blame her. Most likely, Cassandra made the whole thing up because she wanted to ride on the Jodi train.

Good luck Cassandra in your future pursuits (of fame).

Genius #2

Metallic Twitter Logo

Twitter Twits in the Twitterverse

I always want to check on what facts and relevant information the Prosecution Supporters are working on. Here is what I found:

Terri Stefaniw ‏@TerriStefaniw

#jodiarias Twas the night b/4 xmas, and all through “the House”, every jailguard is glowing cause Hodi’s been blowing.

– That’s not nice!

Jtwitter 1effrey Evan Gold ‏@jeffgoldesq

#JodiArias asked court to reconsider change venue & individual juror Qs motions in light of @troyhaydenfox10 interview with cellmate: DENIED

Favorited 13 times

– In light of Troy Hatden’s childish report. No self-respecting reporter would ever have submitted such trash, but in the case of Jodi Arias, all’s fair, I guess.

Hodi‏@HodiHo69

There’s #jodiarias again! #lotlizard @JodiAnnArias pic.twitter.com/wgpK9CN6Sg

jodi truck stop brt

– This one is quite self-explanatory.

twitter 2Morning Express ‏@MorningExp 3 Dec

Could alleged #JodiArias revenge plot impact the final phase of her murder trial?? http://on.hln.tv/52ozvO

– Why should it? It’s not credible. It’s being investigated by both the defense and the prosecution, so we will be hearing more about this. If she did this, bring her up on charges! You never will, because it’s ridiculous.

Nancy Grace ‏@NancyGraceHLN 8 Nov

I guess the #MartinMacNeill defense team took a page out of the #JodiArias playbook & decided taking the stand was a big no-no

– Martin MacNeil was not claiming self-defense, where a defendant is obligated to take the stand, in most cases..

geniusTeri ‏@Teri423 13m

@nuts2beanz @TerriStefaniw @JodiAnnArias There is nothing that will EVER clean that GASH. It is PITIFUL, well, she is. #jodiarias

Uh Oh…. potty mouth!

boomer ‏@nuts2beanz 19m

@TerriStefaniw @JodiAnnArias this would be a great oxyclean commercial. Might even clean up that gash of hers #jodiarias

– Peer pressure!

ESNEET4113 ‏@esneet4113

RT“@debrasweet1959: @esneet4113 I’m not sure about that Dahmer was still loner not Manson” Manson was a manipulator just like #JodiArias

– When did Jodi Arias get into the same class as Dahmer , Bundy, and Manson? Since she killed her dog, like many serial killers do! Of course, why didn’t I allege that?

Vinnie Politan ‏@VinniePolitan 3 Dec

4pm on @HLNtv I will be talking about #JodiArias and her alleged threats against #JuanMartinez

– Because I have nothing factual and informative to talk about!

Michael Kiefer ‏@michaelbkiefer 26 Nov

Nurmi is saying that asking jurors for their Twitter handles is less intrusive than asking their address and phone number. #jodiarias

Retweeted by InconvenientTruthsTV

– Michael Kiefer, the only fair reporter out there.

Another reason we wanted to draw attention to some of these tweets is because they are a precise blueprint for how to stalk and bully on the high –  tech Interweb.

Free speech is free speech. If you want to scream to the world that you are an ignorant fool, have at it.

bullyI don’t know the age of these people, but what are these people teaching their sons and daughters, sisters and brothers, or their children when they use  the social media to attack a person like this?

It makes people feel bigger when they can project their own evilness and sickness onto soneone they feel deserves it, and gain some friends for good measure. I am the coolest because I threw the biggest rock at Jodi Arias! miley smThe kicker is that Jodi will never see these Tweets.

Great way to show us your naked cruelty, aggravation, and penchant for vengeance. Really Nice!

Great way to memorialize Travis!

So while these Twitter Twits of the Twitterverse are sharpening their claws on Jodi Arias, who are they stalking and attacking in real life? Who are they teaching to do the same?

These geniuses are pitiful, ignorant and  maybe a little bit funny if they weren’t so sad.

Genius #3

Jeffrey Martinson 9 years in prison: Case dismissed
Jeffrey Martinson 9 years in prison: Case dismissed

Maricopa, Arizona Prosecutors

PHOENIX, Nov. 20 (UPI) — “Citing “a pattern and practice of misconduct” by prosecutors, an Arizona judge has freed a man charged nine years ago in the death of his son.

Judge Sally Duncan dismissed first-degree murder charges against Jeffrey Martinson in the 2004 death of his 5-year-old son, Josh, and ordered the father be released Sunday, The Arizona Republic in Phoenix reported Tuesday.

jodi arias 88Duncan dismissed the charges “with prejudice,” meaning Martinson cannot be tried again on the same charges.

In a 28-page ruling, Duncan detailed what she called the prosecution’s “win-by-any-means strategy.”

Duncan said Deputy Maricopa County Attorney Frankie Grimsman charged Martinson with felony murder, then tried him as if he were charged with premeditated murder.”

http://www.upi.com/Top_News/US/2013/11/20/Arizona-judge-dismisses-murder-charges-over-prosecutor-misconduct/UPI-91401384973035/

Here we go with the felony murder vs. premeditated murder thing, again.

Let’s do a review.

wonder_woman 2Felony murder is usually when an unintended murder is a by-product of another intended felony.

You go to rob an empty home. Someone is unexpectedly there or shows up unexpectedly and you kill them. That’s felony murder,

You go to rob a bank and the teller has a heart attack and dies. This can be felony murder.

You rob a bank with a friend and the friend shoots and kills a cop. You and your friend  have both committed felony murder.

You rob a bank with a friend and the friend gets shot and killed by a cop. You have committed felony murder.

You go to a home to kill someone and after that, you decide to rob him. Tthat’s premeditated murder and a separate charge of burglary.

*

So, what happened in this case? Martinson was accused of child abuse and the death of his 5 year-old son. It was a death penalty case.

The prosecution theory is that Martinson abused and drugged his child many times, and one time when he was abusing him, the child died.

The case was  presented to the Grand Jury, charged, presented to the court, and presented to the defense attorneys as a first degree felony murder. In the course of the defendant committing the felony of child abuse, the child died. The Aggravator making the case death penalty eligible was “ extremely heinous, cruel or depraved”, stating that it was depraved because it was a “senseless murder”.

super shopperShortly before trial, in spite of objections from the defense and warnings from the judge, the prosecution presented the case as a first degree premeditated murder.

This means that they must have discovered at the last minute that they couldn’t get a conviction on their original theory, so they changed it. But the prosecution did not inform anyone about this change, but they tried to hide it.

In addition, the aggravator of senseless depravity is not relevant to premeditation in this case. The prosecution refused to admit this error and violation of the rights of the defendant to know what crime he is being charged with .

This dismissed case was a Death Penalty case. The man was in jail and prison for 9 years. You do not play games when someone’s life is at stake.

If you have read some of the other articles on this site, you will know there is a clear pattern of “get the conviction at all cost no matter what the facts and the evidence are” in Maricopa. Arizona.

….and the mainstream media will never report about that!

(Thanks to SW, for this one)

Troy Hayden interviews Jodi Arias

Ryan Owens interviews Jodi Arias

Jennifer Willmott, Heroic closing argument

All comments are welcome and appreciated

All Rights Reserved

sources:

http://www.azcentral.com

http://courtminutes.maricopa.gov/docs/Criminal/062012/m5297705.pdf

http://www.azcentral.com/news/articles/20131119man-held-sons-death-ordered-freed.html