How Abigail Hernanzed Escaped from the Belly of the Beast!

Abigail-HernandezPretty young girls like Abigail Hernandez are kidnapped so that they can be sexually exploited. That is what happened to Elizabeth Smart, Jaycee Dugard, Elizabeth Shouf, Shasta Groene, Tara Burke, Shawn Hornbeck, and Steven Staynor (all of whom lived to tell their stories). It was also the motivation behind the kidnappings of the vast majority of kids, including my Polly, who were ultimately murdered as a result of their abduction.

 

I suspect that she got away by earning her kidnappers trust and securing enough freedom to affect her escape, or he was distracted and she took advantage of an opportunity, or some combination of the two. It is also possible that she convinced him to let her go, although knowing the mind set of desperate sexual predators, I find that unlikely.

Crazy Nate Kibby

Crazy Nate Kibby

The important lesson here is that she managed to stay alive long enough to escape Crazy Nate Kibby, a dangerous sexual predator.

No Justice for Polly

Polly Klaas

Polly Klaas

I feel like I have been betrayed by my beloved California, as have the other families of people killed by California’s death row killers, who are responsible for murdering more than 1,000 people, including 229 children and 43 police officers. By extension the victim families and friends of the nearly 1,400 lifers that Governor Brown has paroled since taking office in 2011 have also been betrayed, as have the victims of the 18,000 felons who were released from prison early as a result of Governor Brown’s prison realignment plan.

Killer RA Davis

Richard Davis killed Polly Klaas

As a crime victim whose 12-year-old daughter was killed by an unrepentant and violent psychopath, I fully expected that it would only be a matter of time before justice would be served after Judge William Hastings imposed the death sentence with this admonition, “Mr. Davis, this is always a traumatic and emotional decision for a judge. You made it very easy today by your conduct.”

Alex Hamilton killed Police officer Larry Alasater

Alex Hamilton killed Police officer Larry Alasater

Unfortunately, in California, courtroom sentences literally aren’t worth the paper that they are printed on. Just the other day United States District Court Judge Cormac J. Carney declared California’s death penalty unconstitutional because a sense of uncertainty and delay, “violates the Eighth Amendment’s prohibition against cruel and unusual punishment.”

Trailside Killer David Carpenter murdered raped & murdered at least five women

Trailside Killer David Carpenter raped & murdered at least five women

That Polly’s killer has been on death row for seventeen-years without being executed may be unusual, but it is certainly not cruel. It was cruel when he kidnapped, raped and strangled my Polly in order to, “avoid AIDS by getting a young one,” as was revealed at trial. It was cruel when the judge arbitrarily decided that neither he nor California’s other 747 death row killers will face the sentence imposed upon them by a jury of their peers. It is cruel when the will of the people and the law of the land are subverted by a powerful and unrepresentative minority.

Ramon-Salcido_mugshot.400x800

Ramon Salcido murdered seven relatives including his wife and two daughters

I will never understand how activist judges, the ACLU, the defense bar, and other prison rights apologists are willing to undermine the criminal justice system, betray victims and their families, and endanger innocent people for the approval of killers, rapists and thugs. That they seek the endorsement of society’s underbelly links them to depravity, amorality and future victimization, yet they will never be held accountable for their actions. Might these decisions and this trend represent the death of punishment in California?

California Death Penalty Found Unconstitutional: Cruel & Unusual?

By Mike Rushford*

Earnest Dewayne Jones

Earnest Dewayne Jones

Shortly after midnight on August 25, 1992, in Los Angeles, Chester Miller returned home from work and noticed the family station wagon was missing from the driveway. Mr. Miller went into his house and found his wife, Julia, lying dead at the foot of their bed. Mrs. Miller’s robe was open, her nightgown was bunched above her waist, and she was naked from the waist down. A telephone cord and a purse strap had been used to tie Mrs. Miller’s arms over her head, and a nightgown had been used to loosely tie her ankles together. Mrs. Miller had been gagged with two rags, one in her mouth and another around her face. Two kitchen knives were sticking out of her neck. Pieces of three other knives were found on or around her body.   Homicide investigators identified Earnest Dewayne Jones, who lived with Mrs. Miller’s daughter, as the murderer based upon significant evidence.

 

The deputy medical examiner with the Los Angeles County Coroner’s Office who performed the autopsy on Mrs. Miller’s body concluded, on the basis of the following evidence, that she had been stabbed to death: Two knives were sticking out of Mrs. Miller’s neck. She also had 14 stab wounds in her abdomen and one in her vagina, but the fatal stab wound, which penetrated to the spine, was the one in the middle of her chest. Aside from the stab wound, there was no evidence of trauma to the vaginal region.

 

At the crime scene, a criminalist with the Los Angeles County Coroner’s Office took swabs of Mrs. Miller’s vagina. Another criminalist found a great abundance of intact spermatozoa on the vaginal swab, leading him to conclude that ejaculation occurred no more than five to 10 hours before Mrs. Miller’s death.  A blood sample was taken from defendant. A molecular biologist for Cellmark Diagnostics performed deoxyribonucleic acid (DNA) testing on the blood sample taken from defendant and on the vaginal swabs taken from Mrs. Miller. This testing yields banding patterns that are, with the exception of identical twins, unique to every individual. There is only one chance in 78 million that a random individual would have the same DNA banding pattern as defendant. The tests showed that the banding pattern in the DNA from defendant’s blood sample matched the banding pattern of the semen on the vaginal swab taken from Mrs. Miller.

Mike Rushford is the Executive Director of the Sacramento based Criminal Justice Legal Foundation