What’s Next For A Fugitive Recaptured After 35 Years?

Pulaski, Tenn—38 years ago Linda Darby, then just 27 years-old apparently murdered her husband. She was sentenced to life in prison for her crime.

Fate had another plan for Darby when she jumped at an opportunity for freedom by
scaling a barbed-wire fence at the Indiana Women's Prison in Indianapolis in March 1972. The manhunt for the fugitive came up empty handed for no less then 35 years.

New computer technology was put to use as the Indiana Department of Corrections began a new Fugitive Apprehension Unit provided the resources to find Darby quietly living a law-abiding life under the name, Linda Joe McElroy in Tennessee.

Darby spent more than half of her life looking over her shoulder while reliving the event that suddenly changed her life forever.

As for the crime of killing a spouse we all know there is nobody on earth more capable of evoking emotion or pushing our buttons more than a spouse.

Darby was convicted in a Lake County, Indiana court of shooting her husband in their Hammond home. Additionally a kerosene fire was started. Darby has steadfastly said she was innocent. We all know that the state of forensic examination was anything but terrific in the early 1970’s when a jury convicted her.

You can say she beat the system to be living free all these years. I don’t think living the life of the fictional character Jean Valjean was not a huge price to pay for this crime.

Long time neighbors and local cops were shocked to learn of Darby’s status as a fugitive and convicted murderer.

Okay, I’ve grown soft in my old age and would love to see this woman’s sentence commuted if for no other reason then her serving nearly three years behind bars and her obvious rehabilitation.

Here are some “facts” about Linda Darby’s murder conviction:
1. Linda and Charles Darby were estranged at the time of the killing.
2. Charles was hit with a shotgun blast, wrapped in garment bags and set on fire.
3. On the night of the killing Linda Darby stayed in a Valparasio motel where police found a similar shotgun hidden behind a nearby soda machine.
4. Gas station attendant claimed to have sold Linda Darby Gasoline that night.
5. Darby’s 9 year-old daughter, Terri Dixon claimed that her mother warned her about talking with police.
6. The couple had financial problems that led to the break-up.
7. There was no surveillance video, DNA evidence or witnesses to the killing.

A truly fine Act By An American Military Veteran In The Land Of Sen. Harry Reid

Here is a story I would have overlooked but for my friend at Rue St. Michael. Sometimes Americans must take the law into their own hands. This hero braved possible arrest on charges of Criminal Damage To Property and Theft in order to send a strong message. I salute this hero for his loyalty to the United States of America.

Dumb Laws In Chicago and Los Angeles.

There is a better way.

Meet The The Dean Of Arizona's Death Row

He's 92 years old! Convicted of murder and sent to a Utah prison he escaped and did it again at age 66. Viva L. Nash is exactly why the death penalty is so popular. This guy will die of old age before he will ever see the hot needle. I'm not fond of the death penalty but this case is not one I'd use to argue against it.

This guy was stopped by an armed law-abiding heroic Phoenix citizen.

I think we all wish we could make it to 92 and look that good! Many of my retired cop pals only in their 60s are in poor health and look older than Nash. I somehow don't think this was from clean living.

The following was taken from records of The Arizona Department of Corrections where this fellow is on Death Row:

INMATE 047754 NASH VIVA, L

While serving two consecutive life sentences for murder and robbery in Utah, Nash escaped. Three weeks later, on November 3, 1982, he entered a coin shop in north Phoenix, demanded money from an employee, Greggory West, and then shot Mr. West three times with a .357 Colt Trooper. Another employee, Susan McCullough, was in the line of fire but was not hit. As Nash fled, the proprietor of a nearby shop pointed a gun at him and told him to stop. Nash grabbed the weapon and the two men struggled over it. Police officers soon arrived and arrested Nash.

PROCEEDINGS
Presiding Judge:Hon. Rufus Coulter
Prosecutor:Gregg Thurston
Defense Counsel:Art Hazelton
Start of Trial:May 25, 1983 (submission)
Verdict:May 25, 1983
Sentencing:June 27, 1983

Aggravating Circumstances
Prior conviction involving violence
Grave risk of death to others
Pecuniary gain

PUBLISHED OPINIONS
State v. Nash, 143 Ariz. 392, 694 P.2d 222 (1985).

UPDATE: September 14, 2009 Arizona Republic Report:
The 9th U.S. Circuit Court of Appeals on Friday sent the case of Arizona death-row inmate Viva Leroy Nash back to a lower court to determine whether he is mentally competent to assist in his appeals.

Nash, who turned 94 last week, has a criminal record that dates to the 1930s.
He spent 25 years in prison for shooting a Connecticut police officer in 1947, and he was sentenced to life in prison for shooting a man to death in Salt Lake City in 1977.

Nash escaped from a prison work crew in October 1982, and a month later, at age 67, he shot and killed a Phoenix coin-shop sales clerk named Greg West. Nash was sentenced to death for that murder.

Nash's attorneys argue that his diminishing competence hampers his ability to communicate on legal matters.

On Friday, a panel of judges at the 9th Circuit ruled that he was entitled to a competence hearing.

The case was remanded to the U.S. District Court in Phoenix

Update 14 Feb 10: The Arizona Department of Corrections reported that Nash died of natural causes today. Nash is no longer the Dean of Death Row. At 94 Nash outlived the hangman but having spent decades on Death Row was no bed of roses.

TSA Is Keeping Americans At Risk Through Pretend Security

The next terrorist attack at an airport on American soil will happen this way. A suicide bomber with a three large bombs will buy a ticket, not check baggage and find himself in the middle of a screening line with hundreds of travelers. He will have a large backpack and two carryon style suitcases full of enough explosives to destroy the terminal and everyone in it.

As I have said on this blog so may times. We must stop letting people fly on our planes carrying passports of countries that are at odds with the USA. We need to bring back the Fourth Amendment and stop searching Americans, What we really need are trained, armed professional cops profiling passengers from the point they enter any airport for behavior issues.

These poorly trained TSA workers are part of the problem rather than the solution

14 Year-Old Armed Mutant’s Killing Rampage In Another Gun Free Zone

Gun laws, and an all important gun fee zone again made mass murder all to easy for a twisted 14 year-old killer in Cleveland, OH yesterday. When will we learn that these gun prohibitions only affect law-abiding people and not those who rob, rape and murder? Soon we will know just how many feel-good gun laws were broken that enabled Asa Coon’s, two-gun rampage.

Did the school have armed security or police present? Not a chance in yet another city run by gun-rights hating politicians. Had a teacher or security guard been armed this catastrophe could have been prevented or considerably minimized.

Asa Coon wore a Marilyn Manson T-shirt and that was more than enough information that young Asa Coon was headed for trouble. Asa Coon wore dog collars, back trench coats and nail polish. Where were his parents? Have we learned to tolerate and accept any bizarre and anti-social appearance demonstrations by our children? This child was a walking billboard that spelled HELP ME!

Any parent or school that wants to allow kids to dress so outrageously is inviting the other kids to tease, assault and otherwise victimize them. At some point these kids will have a case of full blown, Post Traumatic Stress Syndrome from that abuse. Revenge and violence will surly result at some point.

America's schools have a very poor record when it comes to dealing with bully boys. Dealing with the school bully is a constant ugly part of going to school. School fights are always resolved by punishing all participants rather the the student who began an assult. That disposition clearly sends the wrong message to the entire student body.

Phil Spector Case Witnesses Wanted!

I’m looking for neighbors, friends, ex-friends, co-workers and others who have talked with prosecution witnesses in the Phil Spector trial. Judge Larry Paul Fidler has issued a gag order preventing any and all witness from talking about the case. I’m working under information and belief that many of these people have violated the gag order, lied, exaggerated their claims while seeking fame and fortune. There are many people out there that know the truth.

A conviction of Phil Spector would allow Lana Clarkson’s family to take all of Phil Spector’s assets in the pending civil case. How has that impacted the testimony of witnesses in this case?

I suspect that there are also issues within the ranks of the prosecutors, some cops and perhaps court officials to obstruct justice and manipulate evidence and witnesses.

Our system of justice requires that the truth be exposed to insure fair trials. The last trial of record producer Phil Spector was anything but fair.

If you or someone you know has information please forward that to me by clicking on my picture and sending me e-mail. You can also leave a comment that I will read but NOT publish. All replies will be kept confidential.

I will forward all information to the proper people to insure a fair trial for Phil Spector.

Thank you

The Last Man Standing For Phil Spector

That’s how Roger Rosen described his fellow Spector defense lawyer, Christopher Plourd to Judge Larry Paul Fidler as he and the rest of the legal defense team made their exit from further proceedings. Let me not fail to mention that bay area lawyer Dennis Riordan is still on board for the limited capacity of filing various motions. Don’t expect Riordan to make local appearances for Spector in the near future.

The purpose of this mornings proceeding's was to sort out the retrial of the legendary record producer who still faces a murder charge in connection with the mysterious death of Lana Clarkson.

Even Christopher Plourd has no clue what role he will continue to play in this pending case.

The very petite lead prosecutor, Alan Jackson has not bothered to shave since the mistrial. Jackson was looking like he’s back from a week long bender with Jose Cuervo.

Even Judge Fidler recognized that Spector will have a difficult time finding a qualified lawyer with a calendar that is wide open and free for the next full year it will take handle a second trial.

Prosecutor Alan Jackson wants to pick the new jury next week. That’s just not going to happen.

Also in court this morning was Donna Clarkson, Lana Clarkson’s mother. She has been strung along by this dubious prosecution now for four long years. She is the real victim who’s been mislead by both cops and prosecutors about Spector’s involvement in her daughter’s death. I’d like to think she’s not motivated by greed to loot Spector’s estate. She seems ever so lonely but maintains a veil of dignity. I know she’d like to scream at Spector, his lawyers and those jurors that refused to convict. Mrs. Clarkson has demonstrated strong character by her very proper behavior. I wish she somehow could have intervened in her daughter’s suffering while she was still alive.

Donna Clarkson would probably hate me and my blog but I wish I could somehow take the hurt away from her. Donna Clarkson lost her precious and troubled daughter. Lana Clarkson was every bit of the star she wanted to be in her mother’s eyes. The most natural thing for this mother is to assign blame and seek justice for what she believed to be a murder. There is no cure for this grieving mother’s sorrow.

When this morning’s hearing was over both Rosen and Plourd tried to answer every reporter’s questions once they left the courtroom. I can’t imagine what emotional journeys these lawyers are going through right now. They given three or more years of their lives to this effort they won’t get back.

We will just have to wait and see just who will sign on to this case for the defense. The new trial will be very different and at this point totally unpredictable. Of course a second trial is never a sure thing since here are issues that may prevent that from happening. Again, if there is a second trial let’s hope it’s fair and brings a fair disposition.

Some fine lawyer choices for Phil Spector:
Roy Black (FL), Gerald Schwartzback (CA), Richard Kibby (FL), Richard Gierloff (AZ),

007 Girl Lois Maxwell Dead At 80

Of all the James Bond movies I’ve seen there are two bond girls that stand out in my mind as the most fun. There was the incredibly sexy Honor Blackman who played Pussy Galore in Goldfinger and then of course Lois Maxwell who rocked in 14 Bond films as the flirtatious secretary, Miss Moneypenny. Maxwell in her 40s and 50s could always hold her own as well as any sexy Bond babe half her age. Maxwell, a Canadian born actress has died of cancer on Sunday in London.

The shock I have to get over is that Maxwell was somehow already 80 years old! My thinking was that she was never a day older that she was in her last Bond film in 1985. I will never get used to death and dying because it seems so unfair. I guess we have to accept that we’re all in this together and none of us are getting out alive.

Here is Honor Blackman in 1964 and the present. She looks great for 80!

Phil Spector Needs Time To Obtain A New Lawyer.

At least that’s what I predict. It’s very difficult to find a qualified lawyer to take over a murder trial that may take as long as seven months from the point of picking a jury. The better the lawyer, the busier he or she will be. Finding someone qualified with the time to prepare and try the case will be difficult at best. Judge Fidler is Hell-bent on taking advantage of Spector’s difficult position forcing him to trial even before he’s found new counsel.

The chances of one or more new lawyers filing a Notice Of Appearance in court Wednesday morning are zero. It’s only reasonable to assume the current legal team has made commitments to their other clients expecting the Spector case would have been over by now. Will Judge Fidler destroy Phil Spector’s right to legal counsel under the Sixth Amendment of our Constitution?

CA vs Spector is no case for an amateur criminal defense lawyer. This is a complex case that will make huge intellectual demands requiring the lawyer to be part scientist. Criminal law becomes more difficult for lawyers to practice every year with so many new ways to examine and evaluate physical evidence. Even the lawyers that want to take this case can't dump their other clients to handle this trial with out getting serious bar association complaints.

The prosecutors can whine about delays all they want but let’s remember it took a year before they could find a Grand Jury that would even indict Phil Spector for murder. You can’t blame Spector for that.

California’s Investigative Consultants Are Raking In The Cash!

I’ve learned some amazing facts about the California Private Investigator Examination. Of the people that can qualify to even take the test 85% fail the examination. Who are these failed applicants you ask? A high percentage of them are retired federal, state and local law enforcement officers including FBI agents! Many try to take the test again and still fail.

Having taken and passed the test I can say It was not a logical test and there were a few questions with more than one right answer. I have always had a gift for test taking and was disappointed to find out that the tests are only scored as pass or fail. I wanted to know what my score was and will never know.

These PI license applicants need not fear flunking the test because these guys simply set up shop as “Investigative Consultants” and rake in cash to do what they’re not licensed to do. The public and lawyers use these guys because they assume that they are somehow qualified. These rogue operators make excuses for their inability to get a license by simply saying they're retired law enforcement and don’t need a license. That kind of statement is just not true.

For every real licensed private investigator there are at least eight Investigative consultants working without a proper license who just can’t pass the test. Do you really need an unlicensed PI?

Surveillance Society And The Next Step.

Surveillance cameras are everywhere these days but our friends across the Atlantic have led the way with unleashing Big Brother technology on their citizens. They have recently admitted that their cameras may record the actual crime but thousands of criminals escape detection simply because nobody is able to identify the perpetrators. The Brits are working overtime to find out ways to improve their ever growing crime problem that’s been fed by draconian gun bans that provided better working conditions for muggers, rapists and killers. We seems to follow every British trend since the day that the Beatles landed in New York.

What is the next step you ask? Why the National ID Card will soon roll out complete with RFID technology alerting every camera with the personal data of those within the cameras range. Of course this too will fail too as criminals make sure their ID cards are not in their pockets while doing their deeds. The fun part of this technology will be in the form of fines people will have to pay when police on patrol using sensors discover people without the mandated cards. What a great new source for revenue! Of course this will also fail and then governments will next try implants on their citizens similar to those used to locate lost pets.

American ID cards began with the first driver’s licenses and until about 30 years ago they did not contain photographs. Before driver’s licenses Americans simply used the cards that came with every wallet sold to neatly print their names, addresses and other personal information. Stores gave credit to their local trustworthy customers. In those days you’d never find an avalanche of credit card offers in your mailbox. Americans soon traded their privacy for credit convenience and now demand to wear the mark of Cain. As Karl Malden would say, “ Don’t leave home without it!”

Earlier wallets contained a place to store money and another place to keep a few family snapshots. There were no credit cards so slots for them were not needed. Identification was nothing more than the information to help honest people finding the wallets return them to their rightful owners.

Do you call this inevitable evolution of security measures far fetched? Liberty loss in any country can best be described as incremental as citizens are led to believe that the additional measures are necessary and only people up to no good would object.

We all lose a little liberty in the name of security as each day passes. Folks it’s really coming and as that Unabom fellow they called a mad genius, Theodore Kaczynski warnned us in his manifesto, it won’t be pretty.

Americans have gotten by just fine for the first 200 years without wholesale privacy abuse and it seems the more privacy and liberty we surrender the higher the crime rate climbs.

Governments have a history of plundering from and then murdering their own citizens. Sooner or latter every good government goes bad. Will Theodore Kaczynski someday say, “I told you so!”