Scrivener 1859
1 day ago
This isn't about being White--but I've been called White Man. What I haven't been called is a light-skinned black person. What I'd like to be called is a White African. If you agree with what I write here, pass it on. If you don't, leave a comment saying why. Most people come to this blog seeking information on Joanne Wieserman, Barack Hussein Obama, Michael Pearl, Arthur and Sherry Blessitt, or James Ussher. I've written about each of them at least once.
Man charged in custody battle wants VT trial moved
LISA RATHKE, Associated Press Updated 01:17 p.m., Monday, September 12, 2011
MONTPELIER, Vt. (AP) — A Nicaraguan missionary charged with helping a woman involved in a custody dispute with her former lesbian partner flee the United States with the child wants his trial moved from Vermont to Virginia. In a motion filed Thursday in federal court in Rutland, Vt., a lawyer for Timothy David "Timo" Miller also wants statements made to investigators in April dismissed, claiming that his client was not read his Miranda rights.
Miller, who is free on $25,000 bond and is awaiting trial, is accused of providing Lisa Miller and her 9-year-old daughter with travel assistance and a place to live outside the U.S. He pleaded not guilty to abetting an international parental kidnapping. Timothy Miller and Lisa Miller are not related. Lisa Miller and her child disappeared in September 2009 in the midst of a long-running custody dispute with her former partner, Janet Jenkins of Fair Haven, Vt., after a Vermont judge awarded Jenkins custody. The two women were joined in a civil union in Vermont in 2000 with Miller giving birth to Isabella two years later. But the couple split up the next year. Miller then renounced homosexuality and became an evangelical Christian. She was granted custody of the child; Jenkins had visitation rights. But Miller, who once lived in Forest, Va., has repeatedly failed to obey court orders and in November of 2009 a Vermont judge ordered her to surrender custody to Jenkins.
Miller failed to show up with the child on Jan. 1, 2010, and a federal warrant was issued for her arrest. A lawyer for Timothy Miller says the Christian pastor who was living in Managua, Nicaragua, was stopped April 18 by U.S. marshals and an FBI agent when he arrived at Reagan National Airport with his wife and four children to attend a wedding in Virginia. Miller was interviewed at the airport police department office, where he told investigators he had been contacted by another man to purchase airplane tickets for Lisa Miller, and used his mother-in-law's credit card to do so, according to the motion filed by Pennsylvania attorney Jeffrey A. Conrad.
Miller, who is described by the FBI as an Amish-Mennonite pastor from Tennessee, was arrested at the end of the interview, charged with international parental kidnapping. But Conrad argues the incriminating statements should be thrown out because Miller was the subject of an interrogation and was detained without having his rights read. He also says that the most appropriate place for the trial is in the Western District of Virginia. The alleged actions that constitute international parental kidnapping took place there and the defendant was in Nicaragua when the alleged crime occurred and has never traveled to Vermont or had contact with anyone in the state, Conrad said in the motion.I'm not thrilled with this development at all. As much as I believe Timo Miller to be innocent of the charge of kidnapping, I'm disappointed that he's moved to suppress evidence that he himself provided.There is already sufficient evidence to convict him, even without his confession. And I'm not happy with the attempt to throw it out on Miranda grounds. For one thing, I think police officers ought to be able to question suspects, and information freely offered in such an interrogation should be admissible. Moreover, if his confession was true, what purpose is served by suppressing it, other than suppressing the truth? This case has to be won or lost on constitutional grounds, not slick legal tricks.
Chessman called a woman named Winona Phillips, who testified that on January 13, at the time Rose Howell's 1946 Ford was being stolen in Pasadena, that Chessman was at her home "helping her edit" a novel she was writing. A good alibi, but Leavy punctured it easily enough. When he asked the witness when she first recalled the visit, she replied that Caryl had reminded her about it the previous evening when she had visited him in the county jail.And yet, the jury weighed all this testimony against the known and conceded fact that Chessman had been an habitual criminal ever since he was old enough to get behind the wheel of someone else's unattended car and drive off, and overruled every last alibi as a condemned man's desperate attempts to save his neck. Instead, they believed the victims, every one of whom positively identified him as The Bandit. He was found guilty on all counts and sentenced to death. Interestingly, the Red Light Bandit Crimes, which began shortly after he had been released on parole, ended with his arrest.
Harold Ostran, Chessman's parole officer, testified that Chessman had made an in-person report to him that same day, and that he noticed nothing unusual in the parolee's demeanor.
Harold Doty, who repaired radios as a part-time sideline, testified that at two significant times when Red Light crimes were being committed, he was at the home of Serl and Hallie Chessman, picking up or delivering a radio that needed repairing, and had observed Chessman there helping his father lay linoleum and sitting with his mother.
It was a dreadful scene when poor Hallie Chessman was brought into court on a portable hospital bed. Hallie was an ill reed of a woman by now, having been an invalid since her back was broken in the automobile accident 17 years earlier. For some time she had also suffered from cancer of the spine, which was spreading slowly but unabated throughout her paralyzed back. When she testified -- answering questions put to her by Al Matthews, because Chessman explained to Judge Fricke that he "could not bear to do it" -- Hallie's voice was soft but impassioned. This was her son, her only child, and she would do her best for him.
Hallie alibied Caryl for several Red Light crime time frames that had not been covered. He was home with her, or she had sent him on an errand, or she could hear him talking in the back yard, or she had spoken to a friend on the telephone and Caryl was there with the friend. Hallie was certain of the dates, days, times. Leavy asked her several token questions on cross, but quickly saw that he would not be able to shake her resolve to help her very troubled son -- nor did he have the inclination to torment the poor woman that way -- so he let her go. The stricken woman seemed on the verge of exhaustion when she was wheeled out of the courtroom.
Helen Denny, a friend of Chessman's, testified that he was with her in Bradley's Bar on Hollywood Boulevard at the exact time that one of the Red Light Bandit crimes was being committed. Another friend, Ollie Treon, substantiated the story, saying she had seen them there. William Callahan, a garage owner, testified that Chessman had brought in a 1946 Ford on January 21 to have a collapsed front spring fixed. He had left the car there overnight.
Lucille Green, a friend of Hallie's, said she saw Chessman at home during one of the questionable times, when she came over to get a chair that Hallie was giving her.
The last witness for the defense was the defendant himself, who stated his name as "Caryl W. Chessman." In preliminary questioning by Al Matthews, he gave his age as 26, height six feet, weight 190, and marital status as divorced. Then, very methodically, Chessman gave his own version of where he had been when each and every Red Light Bandit crime had been committed.
At various times, he testified, he had been at the Hall of Records, checking on some real estate ownership; at Sears Roebuck buying new curtains for his mother's room; with Winona Phillips at her home, "helping her write a book"; working in the back yard of his parents' home; in Hollywood seeing a movie called "The Swordsman"; at Bradley's Bar drinking with various friends at various times; sitting up all night with his invalid mother -- and so on. He had a clearly remembered alibi for every Red Light Bandit crime time frame.
"The Government of India have caused this tablet to be erected to the memory of the twenty one non-commissioned officers and men of the 36 Sikh Regiment of the Bengal Infantry whose names are engraved below as a perpetual record of the heroism shown by these gallant soldiers who died at their posts in the defence of the fort of Saragarhi, on the 12 September 1897, fighting against overwhelming numbers, thus proving their loyalty and devotion to their sovereign, the Queen Empress of India, and gloriously maintaining the reputation of the Sikhs for unflinching courage on the field of battle."Thus reads the inscription commemorating The Battle of Saragarhi.