Recently the Order Granting Part Petition for Writ of Habeas Corpus in the Francis Hernandez case was posted online. This is the order in which United States District Judge Ronald S.W. Lew vacated Francis' death sentence due to cumulative error during the penalty phase.
I read this long, legal document with the hope of finding answers about why Francis Hernandez -- a man with whom I was briefly acquainted when I was a teen -- murdered Edna Bristol and Kathy Ryan in 1981. While reading it answered many of my questions, I found myself asking even more questions after I read it.
Chiefly, why wasn't anything done about Fran until after he committed the murders?
Francis was adopted. I didn't think the courts would open sealed adoption records. But if a defendant is facing the death penalty, I suppose defense attorneys should be allowed to look at adoption records to find mitigating evidence.
Francis Hernandez was born in 1962. Beginning in utero, he had a horrific childhood. He was the product of a relationship between a 14 year old girl and an 18 year old man incarcerated for burglary. Both of his biological parents had histories of severe mental illness. While pregnant, his biological mother drank alcohol and used drugs. His biological parents' relationship was sometimes violent. Under the circumstances, it is easy to understand why his biological mother might have thought she was doing the best thing for her son when she gave him up for adoption.
Unfortunately, Francis' adoptive parents also suffered from severe mental illness. When he was five, his adoptive mother attempted suicide, was hospitalized for three months and diagnosed as having schizophrenia, paranoid type. This was the first of several hospitalizations. According to this legal document, relatives did not want their children around her because her medications made her behave like a zombie. Why didn't anybody try to help young Fran then?
I do not blame Fran for his adoptive mother's nervous breakdown. Having worked as a psych nurse for four years, I know that schizophrenia is caused by a chemical imbalance in the brain. However, I do not believe that children should be raised by a paranoid schizophrenic because the disease is so incapacitating. Why didn't the physicians and nurses who treated Fran's adoptive mother alert social services that she was the primary caregiver of a small child?
Francis' adoptive father had mental issues himself. He was frequently absent from the home and in denial about his wife's illness. Mr. and Mrs. Hernandez tried to adopt a second child. The adoption agency turned them down. Why didn't the adoption agency notify social services about the problems they found in the Hernandez home? Why did an adoption agency allow Mr. and Mrs. Hernandez to adopt Francis in the first place?
When he was in preschool, Fran's behavior was abnormal. His preschool teacher suggested that his parents take him to a counselor. His adoptive father refused. Why didn't the preschool teacher notify social services?
Francis' adoptive parents punished him by forcefully administering enemas to him and making them hold them for 10 to 15 minutes. It's difficult to believe that nobody knew about the abuse.
Perhaps if young Francis had been removed from his adoptive parents' home and placed with a more stable family, Edna Bristol and Kathy Ryan might be alive today.
Sunday, July 8, 2012
Friday, July 6, 2012
The Barefoot Bandit in Prison in Aberdeen
When I last wrote about the Barefoot Bandit, Colton Harris-Moore was in solitary confinement at Walla Walla State Penitentiary. A spokesperson for the Department of Corrections stated that this was for Colton's own protection. After all, the Barefoot Bandit is a celebrity.
His attorney, John Henry Browne, argued that Colton did not or need this protection. Mr. Browne was concerned that solitary confinement would have a negative effect on Colton's mental health. Colton was housed in the intensive management unit, where those on death row are normally housed. Mr. Browne said that it would be better for Colton if he was with the general prison population.
I discussed this with a man I met in Seattle. He felt that keeping Colton out of the general prison population was a good idea because Colton did not commit violent crimes. He compared Colton to Clyde Barrow of the infamous Barrow outlaw gang. Clyde Barrow did not commit violent crimes until after he was imprisoned in Texas for car theft. The first time Clyde Barrow ever killed anyone was when he beat a fellow inmate -- a man who had repeatedly sexually assaulted him -- to death. After he was paroled, Clyde was a bitter, hardened man. He met and fell in love with Bonnie Parker. With the Barrow gang, Bonnie and Clyde robbed grocery stores and gas stations, robbed about 15 banks and killed 9 police officers and several civilians. It has been said that Clyde Barrow committed these crimes to get revenge on the Texas judicial system for the abuses he suffered in prison.
No, I don't want Colton Harris-Moore to become another Clyde Barrow.
In late April 2012, Colton was transferred to a medium-security unit at Stafford Creek Corrections Center in Aberdeen.
I know that many people dislike Colton. His crimes may not have been violent, but he hurt many people financially. Some people lost their livelihoods because of him. Nevertheless, I care about Colton because I feel that he was a neglected, disadvantaged child who fell threw social services' cracks.
Colton is still a young man. I believe that he can be rehabilitated. I hope he reads lots of good books and tries to get an education. I hope he finds Jesus. The best thing that Colton can do for himself is to use his time in prison to turn his life around.
His attorney, John Henry Browne, argued that Colton did not or need this protection. Mr. Browne was concerned that solitary confinement would have a negative effect on Colton's mental health. Colton was housed in the intensive management unit, where those on death row are normally housed. Mr. Browne said that it would be better for Colton if he was with the general prison population.
I discussed this with a man I met in Seattle. He felt that keeping Colton out of the general prison population was a good idea because Colton did not commit violent crimes. He compared Colton to Clyde Barrow of the infamous Barrow outlaw gang. Clyde Barrow did not commit violent crimes until after he was imprisoned in Texas for car theft. The first time Clyde Barrow ever killed anyone was when he beat a fellow inmate -- a man who had repeatedly sexually assaulted him -- to death. After he was paroled, Clyde was a bitter, hardened man. He met and fell in love with Bonnie Parker. With the Barrow gang, Bonnie and Clyde robbed grocery stores and gas stations, robbed about 15 banks and killed 9 police officers and several civilians. It has been said that Clyde Barrow committed these crimes to get revenge on the Texas judicial system for the abuses he suffered in prison.
No, I don't want Colton Harris-Moore to become another Clyde Barrow.
In late April 2012, Colton was transferred to a medium-security unit at Stafford Creek Corrections Center in Aberdeen.
I know that many people dislike Colton. His crimes may not have been violent, but he hurt many people financially. Some people lost their livelihoods because of him. Nevertheless, I care about Colton because I feel that he was a neglected, disadvantaged child who fell threw social services' cracks.
Colton is still a young man. I believe that he can be rehabilitated. I hope he reads lots of good books and tries to get an education. I hope he finds Jesus. The best thing that Colton can do for himself is to use his time in prison to turn his life around.
Thursday, July 5, 2012
Debra Brown Gets Her Comeuppance
I've been a registered Republican for most of my life, but something has occurred in Texas that has caused me to think about switching parties.
While I was following the stories about the FLDS trials, I learned that Debra Brown, the executive director of the Children's Advocacy Center in Tom Green County, took a trip to Colorado City, Utah with several ladies from CASA. Photos of Debra and her girl friends with a private detective named Sam Brower were displayed on Bill Medvecky's blog. It is my understanding that Mr. Brower was teaching the women about Warren Jeffs and the FLDS. The Yearning for Zion Ranch is located near San Angelo, but I don't think any of the FLDS children were in protective custody at that time.
But Debra Brown's affiliation with the antipolygamy movement is not what caused me to consider changing political parties.
The Children's Advocacy Center is a nonprofit organization that provides services to abused and neglected children in Tom Green County. Four programs -- Court Appointed Special Advocates, Hope House, Family Enrichment Services and Child Fatality Review Team -- are run by the CAC.
The CAC first placed its former executive director on administrative in February 2011 after Mrs. Brown was unable to explain several expenditures. She resigned shortly thereafter. The CAC hired an independent accounting firm to conduct a forensic audit. The FBI and the Texas Rangers conducted a fraud investigation. In September 2011, the veteran child advocate was indicted on six counts of theft from programs that receive federal funds in a Lubbock federal court. According to the federal indictment, Mrs. Brown “embezzled, stole or obtained by fraud” approximately $237,013 from January 2005 through Dec. 31, 2010.
The public does not know how much money Mrs. Brown actually misappropriated because the forensic audit and investigation only covered the last four years she worked at the CAC. Debra Brown served as the CAC's executive director for 17 years.
On January 26, 2012, Mrs. Brown pled guilty to one count of theft.
On June 19, 2012, Mrs. Brown was sentenced to four years in federal prison. She was ordered to pay a $10,000 fine and nearly $325,000 to the CAC.
What has caused me to think about changing political parties is the fact Mrs. Brown was married to County Judge Mike Brown for 29 years. Mike Brown was the Republican candidate for County Judge and has been the County Judge since 1995. He has indicated that he plans to complete his term.
Judge Brown filed for divorce the day after Debra was indicted. Their divorce became final in December 2012. I think Judge Brown had a valid reason to divorce his wife, but I'm troubled by his claims that he was unaware of an increase in his household's income as a result of his former wife's crimes. I'm also concerned that monies his former wife embezzled may have been comingled with their community property.
This case has caused me to question if Republican candidates and their spouses are as honest, moral and trustworthy as they should be. Especially those from Texas. I'm not sure I will be able to continue to support the Republican party if its candidates and their spouses don't clean up their acts.
I'm also in favor of reducing federal funds for CASA, CPS and organizations like the Children's Advocacy Center because this case proves that those monies are not going to help abused and/or neglected children.
*Information for this article was taken from the San Angelo Standard Times.
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While I was following the stories about the FLDS trials, I learned that Debra Brown, the executive director of the Children's Advocacy Center in Tom Green County, took a trip to Colorado City, Utah with several ladies from CASA. Photos of Debra and her girl friends with a private detective named Sam Brower were displayed on Bill Medvecky's blog. It is my understanding that Mr. Brower was teaching the women about Warren Jeffs and the FLDS. The Yearning for Zion Ranch is located near San Angelo, but I don't think any of the FLDS children were in protective custody at that time.
But Debra Brown's affiliation with the antipolygamy movement is not what caused me to consider changing political parties.
The Children's Advocacy Center is a nonprofit organization that provides services to abused and neglected children in Tom Green County. Four programs -- Court Appointed Special Advocates, Hope House, Family Enrichment Services and Child Fatality Review Team -- are run by the CAC.
The CAC first placed its former executive director on administrative in February 2011 after Mrs. Brown was unable to explain several expenditures. She resigned shortly thereafter. The CAC hired an independent accounting firm to conduct a forensic audit. The FBI and the Texas Rangers conducted a fraud investigation. In September 2011, the veteran child advocate was indicted on six counts of theft from programs that receive federal funds in a Lubbock federal court. According to the federal indictment, Mrs. Brown “embezzled, stole or obtained by fraud” approximately $237,013 from January 2005 through Dec. 31, 2010.
The public does not know how much money Mrs. Brown actually misappropriated because the forensic audit and investigation only covered the last four years she worked at the CAC. Debra Brown served as the CAC's executive director for 17 years.
On January 26, 2012, Mrs. Brown pled guilty to one count of theft.
On June 19, 2012, Mrs. Brown was sentenced to four years in federal prison. She was ordered to pay a $10,000 fine and nearly $325,000 to the CAC.
What has caused me to think about changing political parties is the fact Mrs. Brown was married to County Judge Mike Brown for 29 years. Mike Brown was the Republican candidate for County Judge and has been the County Judge since 1995. He has indicated that he plans to complete his term.
Judge Brown filed for divorce the day after Debra was indicted. Their divorce became final in December 2012. I think Judge Brown had a valid reason to divorce his wife, but I'm troubled by his claims that he was unaware of an increase in his household's income as a result of his former wife's crimes. I'm also concerned that monies his former wife embezzled may have been comingled with their community property.
This case has caused me to question if Republican candidates and their spouses are as honest, moral and trustworthy as they should be. Especially those from Texas. I'm not sure I will be able to continue to support the Republican party if its candidates and their spouses don't clean up their acts.
I'm also in favor of reducing federal funds for CASA, CPS and organizations like the Children's Advocacy Center because this case proves that those monies are not going to help abused and/or neglected children.
*Information for this article was taken from the San Angelo Standard Times.
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