Courtroom Weekly: Halloween edition

October 31, 2013

by: the State Court Staff

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This year's spookiest cases!

Courtroom Weekly The latest and greatest in court cases around the nation In this issue... Featured case Trick-or-treat Zombies Voodoo Murder Masks Candy

Featured case Suit filed against a haunted house that did its job too well   Court: Illinois Third Judicial Circuit Court On October 29, 2011, like so many spook-seekers celebrating Halloween, Alexis Gansz went to the haunted house put on by the American Legion in Alton, Illinois looking for a good scare. And scared she was. So scared, in fact, that she fled from a chainsaw-wielding maniac actor, tripped down a ramp decorated with disorienting strobe lights, and fell on her face. Alexis’s father filed suit in the Madison County Circuit Court (3rd Circuit) on behalf of his daughter, seeking $50,000 for ”pain of body and mind,” medical expenses, and loss of potential earnings due to her injury. In addition to the American Legion Post 126, also named as a defendant in the suit is the City of Alton, who received the proceeds of the haunted house to fund their Park and Recreation Department. The City of Alton has argued that Alexis voluntarily assumed the risks when she entered the haunted house, and knew of the inherent dangers posed by such risks. The City further states that according to the Local Government Tort Immunity Act, the “conduct causing injuries must be deliberate and intentional and must be based on a course of action”, which, they argue, was not present in this particular instance. Mr. Gansz, however, claims that “the proximate cause of her fall and injury were a combination of conditions and activities which rendered the hazard decidedly neither open nor obvious,” and that there was a failure on behalf of the American Legion to exercise the proper care in keeping people safe and free from injury. On August 9, 2013, Judge William A. Mudge of the Madison County Circuit Court denied the City of Alton’s motion to dismiss the suit, vacated the trial date set for November, and instead scheduled a case management conference which took place yesterday—the day before Halloween—nearly two years to the date of the incident which caused the injury. The suit’s outcome is forthcoming.

Trick-or-treat Sour sentence for trick-or-treat candy robbers   Court: Pierce County Superior Court, Washington Trick or treat? Washington teens Zyion Houston-Sconiers and Treson Roberts chose "trick" last Halloween and are now each facing more than two decades of prison time. The teenagers—respectively 17 and 16 at the time of their arrest—stole 96 pieces of candy, a cell phone and a devil mask at gunpoint from various trick-or-treaters last year. On Friday the 13th of September, John R. Hickman of the Pierce County Superior Court sentenced them to lengthy prison terms. Though they were among a group of teenagers who committed robberies that night, two other teenagers escaped sentencing by testifying against Houston-Sconiers and Roberts while another pleaded guilty to robbery in juvenile court. Prosecutors proposed to the judge that neither boy be sentenced for their underling crimes (which included multiple counts of robbery) but instead serve only the mandatory sentencing enhancements added for their use of firearms. This brought what could have been a 45-year sentence for Houston-Sconiers and a 40-year sentence for Roberts down to 31 and 26 years respectively. These are still lengthy terms, as prosecutors thought the boys deserved, but significantly shortened. In August, a jury tried the teenagers as adults and convicted them of robbery, assault and, more significantly, found that they had been armed with a .22 caliber pistol. The state's mandatory gun sentencing laws dictated that over 25 years of prison time be added to each sentence. Houston-Sconiers and Roberts apologized for their actions that night. "I messed up. I'm here to take responsibility and ask for your mercy," Houston-Sconiers told Judge Hickman. Roberts' defense attorney Chip Mosley called the boys' actions "youthful indiscretion" and argued that even the shortened sentence was too long. Though Hickman was sympathetic, the gun sentencing enhancement laws made it clear that there was not much he could do. Hickman also expressed concern that "we’re lowering the bar when it comes to behaviors we cannot tolerate or accept." He felt that actions like those of Houston-Sconiers and Roberts serve not only to terrorize the individual victims but instill fear into other citizens hoping to enjoy the trick-or-treat tradition. Voodoo Loophole in 'Son of Sam' law could pay off for mom who killed kids to save them from voodoo curse   Court: Nassau County Surrogate's Court, New York Nassau County Surrogate Court Judge Edward McCarty will hold a hearing in November to decide whether Leatrice Brewer is entitled to a share of the settlement proceeds from two wrongful death lawsuits filed against the county by the fathers of her children. Social workers were sent to Brewer’s apartment the day before she killed her children, but no one was at home. A follow-up visit to check on the family the next day was never scheduled, and the county suspended the social workers involved. In 2008, Brewer killed her children, aged 6, 5 and 1, by drowning them in the bathtub of her Long Island apartment. She claimed she did so to protect them from a voodoo curse. Immediately afterward, Brewer tried to commit suicide, twice. The first time, she swallowed a mixture of household chemicals. She later jumped out of the window of her apartment, which was located on the second floor. She survived both attempts and was found not guilty of the murders due to a mental disease or defect. The state of New York enacted a law in 1977 to prevent criminals from profiting from their crimes. The law is named for the notorious New York serial killer, David Berkowitz, who was called the 'Son of Sam' killer. A U.S. Supreme Court ruling in 1991 found the law violated the First Amendment’s guarantee of free expression. The 'Son of Sam' law was revised in 1992, and the New York State Senate has attempted to pass legislation seven times in the years since to close the loophole that could allow Brewer to inherit a portion of her kids’ estate, valued at $350,000. Judge McCarty ruled Brewer must testify in court during the November hearing. Legal experts say the case could establish a precedent in New York. Since Brewer was technically never found guilty or convicted of any crime, the 'Son of Sam' law may not apply to her case. However, even if Brewer is able to collect her share of the proceeds, she likely won’t see any of the money. The state holds a lien for over a million dollars against her for the services and treatment she has received since 2008. Brewer is still confined, and receiving treatment, at a state psychiatric hospital. Masks "Goblin Mask" burglar gets 75 years   Court: Texas District 204 The mastermind behind a spree of Texas burglaries was sentenced to 75 years in prison on May 16, 2013 after DNA evidence was found inside a goblin mask he had worn. William Sedric Autrey began working as a confidential informant for law enforcement in 2008, after signing a plea deal which got him out of prison for various crimes he had committed. He was to provide information on criminal activity, but ended up the criminal himself again. One night in 2010, Autrey donned a goblin mask and, along with another man, robbed a 15-year-old girl at gunpoint. Jennifer Kang was tied up while Autrey and his accomplice robbed her parents' home in Coppell, Texas. The disguise did its job. Afterwards, Kang only remembered Autrey as "Goblin Mask." The mask was found and DNA evidence linked it to Autrey, who was also a suspect in other crimes during the time that he was supposed to be an informant. The jury tasked with sentencing Autrey for the robbery of the 15-year-old girl also heard testimony linking the defendant to various crimes in which masked men invaded a home, tied up the residents and robbed them. Autrey claimed that he was told to commit the crimes by police and prosecutors so that they could make arrests. "They wanted me to organize a gang … commit crimes, document everything," he said. Prosecutor Robert McClure said that this claim was ridiculous and claimed, regarding Autrey: “ This man is your worst nightmare. ” A Dallas County jury convicted Autrey of aggravated robbery in 2013, three years after his encounter with Kang. He will be eligible for parole after 30 years. Judge Lena Levario, of District 204, presided over the case.

Zombies Not a zombie, but legally a dead man walking   Court: Hancock County Court of Common Pleas, Ohio Judge Allan H. Davis of the Hancock County Probate Court ruled that Ohio man Donald Miller, Jr. must remain dead in the eyes of the law. Although Miller was present in the court room, alive and well, Judge Davis denied his request to reverse a 1994 ruling declaring him dead. A statute in Ohio states that after three years, a death ruling cannot be changed. Miller disappeared from his home in 1986. He left his family behind—a wife and two children. He had recently lost his job, owed child support, and also was struggling with alcoholism. When Miller was legally declared dead in 1994, his wife, Robin Miller, and two children were able to receive his Social Security money. Earlier this year, Robin discovered that her “late” husband was indeed still alive, and that he was back in Ohio seeking to re-activate his Social Security number and get a driver’s license. He had been living in Florida and Georgia, and was unaware of his “death” until his parents told him about it upon his return to Ohio in 2005. “It kind of went further than I ever expected it to. I just kind of took off, ended up in different places”, explained Miller. Robin Miller, a nurse who is unable to work due to a disability, says she "didn't wish him any ill will" but could not afford to pay back the years of benefits she had received for her children after Miller had been declared dead, and therefore opposed his appeal to have his life legally returned to him. Although the judge's ruling was straightforward and based on a clearly stated law, there is no clear way to explain Miller's current situation. Judge Davis said to Miller, "I don’t know where that leaves you, but you’re still deceased as far as the law is concerned." Donald Miller is very obviously alive, but quite officially dead, After the ruling against him, he was not sure whether he would pursue his case further, but his attorney said it was unlikely. Murder Chemist kills her husband with Thallium   Court: New Jersey Vicinage 8 Tian Li, a 43-year-old Chinese-born chemist, was sentenced to life in prison without parole for 63 years in September of 2013 for poisoning her husband. Xiaoye Wang, a software engineer, had met his future wife Li while earning his doctorate at the University of Pennsylvania. The couple lived in Monroe, New Jersey and had a young son. Trouble arose shortly after their son’s birth, beginning with a series of domestic disturbances on April 12, 2009, where Li stated: “ I was so sick from bearing your child and now you want a divorce. I will not let you go so easily. I will poison you and burn the house down. ” As their marriage deteriorated, Li researched thallium’s poisonous effects on humans and ordered it through her workplace, the New York City-based biopharmaceutical company Bristol-Myers Squibb. Thallium is a slow acting poison that is difficult for doctors to detect due to its rarity. On the day their divorce was to be finalized, Wang was admitted to the hospital with flu-like symptoms and claimed that his wife had poisoned him. With this allegation, along with Li’s prior threats, investigators focused on Li as a prime suspect from the start. Wang died from the poison on January 26, 2011, and Li was arrested the following February. Judge Michael Toto presided over Li’s case in the New Jersey Vicinage 8 courtroom. During the trial, a laboratory technician from the Mayo Clinic in Minnesota testified that the level of thallium in Wang’s system at the time of his death was “off the charts.” The jury found Li guilty of murder and hindering prosecution on July 9, 2013. The following September 30th, she was sentenced to life in prison without eligibility for parole for nearly 63 years. Candy No bend in Utah’s medicinal marijuana prohibition   Court: Utah Fifth Judicial District While neighboring Colorado has legalized personal use of cannabis, Utah residents had better think twice before putting tricks in their treats this Halloween. As Debra Williamson is now well-aware, marijuana is still very illegal for personal use in the state, including for medicinal purposes. Williamson perfected her recipe for cannabis-laced candy when her husband Gary was dying of cancer in 2010. Last year, she was on her way to make a batch for his friend Mike, who also had cancer. In October of 2012, Williamson picked up a pound of California cannabis from her grower son and made the unfortunate mistake of speeding with the goods in tow through Beaver County, Utah. Her first hearing was in April of 2013, and by May, in a plea deal, she pled guilty to felony possession with intent to distribute. Judge Paul D. Lyman, of the Utah Fifth Judicial District, presided over the August sentencing, during which he emphasized the illegality of Williamsons’ actions. “We’ve lived for decades with 3.2 beer here in Utah versus all the surrounding states having higher beer, and somehow, people comply with that. It’s the same thing with all this marijuana stuff,” he said. Williamson’s attorney Lorenzo Miller argued the case warrants special scrutiny, rather than the typical 60 days of jail-time, plus treatment and fees, typically awarded in such drug cases. “There is nothing about this case that is standard,” he said. Citing a report that Williamson drank wine, Miller added, “If that is the definition of substance abuse, we have a fairly high dependency problem in the state.” Lyman sentenced Williamson to up to five years in Utah state prison. That sentence was reduced to 60 days in Beaver County jail, plus three years’ probation and a $1,500 fine. Williamson was let out of jail early, with the probation still in effect.

See also

• Courtroom Weekly