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Monday, October 23, 2017

The Stephen Perry Murder-For-Hire Case

     We'd be in real trouble in this country if criminals were smart. Among the least intelligent members of the criminal class are the ransom kidnappers and the murder-for-hire masterminds. Take Stephen Perry.

     In May 2012, two months after he moved out of the house in Indianapolis he shared with his wife, 27-year-old Stephen Perry filed for divorce. He and his wife Allison had been married since December 2009. The couple, $200,000 in debt, had been fighting over a small inheritance left by Stephen's mother following her death in October 2011. He accused his estranged wife of stealing $15,000 of that money.

     In early December 2012, Perry approached a man he worked with at the Valvoline Instant Oil Change in suburban Indianapolis. Perry asked Adrian Howard if he'd be interested in killing his estranged wife. If Howard wasn't interested in doing the job himself, perhaps he could recommend a hitman. "I know ya'll [black men] know people," Perry said.

     At first Adrian Howard thought Stephen Perry was joking around, but the more Perry persisted with his murder solicitations, the more Howard took him seriously. Finally, Howard began secretly audio-taping their murder-for-hire conversations. At one point, Perry said, "I just want this to be over and done with. So if she dies, I can drop the divorce lawsuit. She's dead, and I'm free."

     As payment for the hit, Perry offered Adrian Howard $15,000 and a machine that prints counterfeit money. (If Perry had a machine that made money, why did he have to have his wife murdered?) The mastermind also gave Howard a slip of paper with his wife's name and address and offered to draw a floor plan of her grandparent's house where she lived. Perry instructed Mr. Howard not to kill the old people or hurt the family dog.

     In late December 2012, the Indianapolis police, after reviewing the taped murder-for-hire conversations, took Stephen Perry into custody. Charged with conspiracy to commit murder, he was held in the Hamilton Country Jail on $250,000 bond.

     On December 11, 2013, The Indianapolis Star published an interview of the would-be hit man, Adrian Howard. "I didn't know what he was capable of," said Mr. Howard. "Maybe he was joking. Maybe he wasn't." Howard said that Perry had picked him as a potential trigger man because he was black and had a criminal record. "I was offended," he said. "Maybe I was a street person before, but I'm out here trying to live my life the best I can. Stephen Perry often talked down to me like I was the scum of the earth, because I had been in prison."

     On April 11, 2014, following a short trial, the jury in the Hamilton Superior Court found Stephen Perry guilty of conspiracy to commit murder, a Class A felony punishable up to 50 years in prison. On May 23, 2014, the judge sentenced the murder-for-hire mastermind to five years behind bars. Judges must have soft spots in their hearts for stupid people.  

Thornton P. Knowles on Being an Obscene Writer

A seventh grade teacher called a short story I wrote "obscene." I went home and bragged to my parents that I was an obscene writer! I didn't know what the word meant. Fortunately for me, they didn't either.

Thornton P. Knowles 

Writing For Publication is Exhausting

I tend to think of writing as much like taking an exam--the experience is deeply absorbing, my concentration is intensely focused, time seems suspended yet suddenly hours have elapsed. At the end of a day of writing, I feel drained. The point is that I don't believe anyone has to innately love the process of writing to be a good writer, and to find it an immensely satisfying pursuit.

James B. Stewart, Follow the Story, 1998

When a Professional Athlete Steals, It's a Mistake. For the Rest of Us, It's Criminal

     Saying it was "the biggest mistake I've ever made in my life," Dallas Cowboys running back Joseph Randle apologized to teammates after getting arrested on shoplifting charges. [How about an apology to the store he ripped-off?]

     Randle, 22, a backup tailback in his second season with the Cowboys, was accused of attempting to steal $80 worth of cologne and underwear from a Dillards' Inc. store in the Dallas suburb of Frisco. Cowboys coach Jason Garrett told reporters on October 15, 2014 that Randle will be fined, but not suspended for this weekend's game against the New York Giants.

     "The actions that we're going to take is to fine him significantly and move forward," Garrett said in a news conference…[I don't think it's a good sign that people are always "moving forward."] Randle will be fined at $29,117, the amount he earns each week on his scheduled $495,000 base salary this season. [He can't afford cologne and underwear on that salary? This kid needs a raise.]…

     "I just made a huge mistake," Randle told reporters. "It was hard coming back in the locker room and looking at people who care about me in the eye, knowing that I did something stupid."…

"Cowboy's Randle Charged with Trying to Steal Underwear," bloomberg.com, October 16, 2014 

Writing the Whodunit Crime Novel

     Most of my fiction writing has been in the murder mystery novel genre, specifically whodunits, in which there usually are four to six suspects. One of the most difficult aspects of writing whodunits is to give all of these suspects roughly equal motives for having committed the murder. The idea is to keep the reader guessing as long as possible.

     I try to adhere to the doctrine of fair play in the plot. That is, I put in clues so that the reader could conceivably identify the murderer. Having said that, I bury the clues by making them hard to spot. Many of these clues are embedded in seemingly innocuous details. [In real life, people often commit  murder with virtually no motive that makes any sense. Moreover, people with the most obvious motives  often turn out to be innocent. In the murder mystery genre the plots have to make sense. In true crime they just have to be true.]

Robert Goldsborough in The 101 Habits of Highly Successful Novelists, Andrew McAleer, editor, 2008

Sunday, October 22, 2017

The Roberto Roman Cop Killer Murder Cases

     Just after midnight on January 5, 2010, Deputy Josie Fox of the Millard County Sheriff's Office and her partner were watching, from a distance, a suspicious car and a pickup truck parked along the road near the tiny central Utah town of Delta. There had recently been a series of burglaries which had drawn the officers to the area. When the two suspicious vehicles departed the scene in opposite directions, Deputy Fox followed  the 1995 Cadillac DeVille. The officers knew the identity of the man in the other vehicle, the pickup truck. He was a known drug user named Ryan Greathouse who also happened to be Deputy Fox's brother.

     After Deputy Fox called in the license number of the Cadillac, registered to 38-year-old Roberto Miramontes Roman, the police dispatcher forwarded instructions to have the vehicle pulled over. A few minutes later, Deputy Fox radioed that she had pulled over Roman and was exiting the patrol car.

     Deputy Fox did not transmit further messages and was not responding to calls from the dispatcher. Concerned that the deputy's encounter with the driver of the Cadillac had resulted in her injury or death, Millard County Sergeant Rhett Kimball proceeded to the site of the stop to investigate. When the deputy rolled up to the scene, he saw Fox's patrol car lights flashing and the deputy lying on the road in a pool of blood. The 37-year-old police officer had been killed by two bullets fired at close range into her chest. (I imagine the bullets had pierced her bullet-proof vest.) Roberto Roman and his 1995 Cadillac were gone.

     After fleeing the scene en route to Salt Lake City, Roberto Roman got stuck in a snowbank near Nephi, Utah. He called his friend, 35-year-old Ruben Chavez-Reyes, for help. Chavez-Reyes pulled the Cadillac out of the snowbank, and from there the two men continued on to Salt Lake City. Along the way, Roman tossed the murder weapon, an AK-47 assault rifle, out the car window. When the two men arrived at their destination, Roman switched license plates with Chavez-Reyes. (He did not, however, clean traces of Deputy Fox's blood off his Cadillac.) Later that morning, Roman told his friend that he had "broke a cop," meaning that he had killed a police officer.

     Deputy Fox's partner, later that morning, questioned Ryan Greathouse at his home. The deceased deputy's brother said he had purchased drugs from the man in the Cadillac, a dealer he knew as "Rob." Greathouse gave the deputy Rob's phone number which identified this man as Roberto Roman. The deputy then informed Greathouse that Roman had shot and killed his sister with an AK-47 assault rifle.

     The next day, Millard County deputies arrested Roberto Roman whom they found hiding in a shed in Beaver, Utah. Once in custody, Roman provided the officers with a full confession. The suspect told his interrogators that when the patrol officer pulled him over outside of Delta, he was angry because he was being careful not to speed or cross over the center line. Furious that the cop was pulling him over simply because he was "Mexican," Roman shot her twice with his assault rifle. He did not know he had murdered the sister of the man who had just purchased meth from him.

     The Millard County prosecutor charged Roberto Roman with aggravated first-degree murder as well as with lesser weapons and evidence tampering offenses. If convicted of murdering a police officer, under Utah law, Roberto Roman faced the death penalty.

     In April 2010, more than four months after the shooting death of his sister, Ryan Greathouse was found dead from a meth overdose in the bedroom of a Las Vegas apartment.

     In 2011, Judge Donald Eyre presided over a two-day hearing to determine if Robert Roman would qualify for the death penalty. The judge, after listening to the testimony of psychologists, ruled that the defendant was "mentally retarded," and as such, ineligible under Utah law for execution. This ruling disappointed and mystified a lot of people. (I would imagine that most cop killers are either high on drugs and/or stupid. Since intoxication and mental dullness are not criminal defenses, I don't see why people who are not bright are spared execution. Moreover, courthouse psychologists think all criminals are stupid and should therefore be judged differently from their more intelligent counterparts. Psychologists should not be allowed inside a courthouse unless they have been charged with a crime.)

     The Roberto Roman murder trial got underway on August 13, 2012 in the Fourth District Court in Spanish Fork, Utah. After the prosecution rested its case four days later, the defendant took the stand on his own behalf. Rather than admitting his guilt as he had in his police confession, Roberto Roman offered the jurors a completely different story, one that was both self-serving and implausible.

     On the night of Deputy Fox's death, the defendant and the officer's brother Ryan Greathouse, were riding around in Roman's Cadillac smoking meth. When Deputy Fox pulled the car over outside Delta, Ryan, who was crouched down in the vehicle, grabbed the AK-47 and shot Fox in the chest, unaware he had just murdered his sister. After the shooting, the two men went their separate ways. The beauty of this story involved the fact Ryan Greathouse was not in position to contest the defendant's version of the murder.

     Prosecutor Pat Finlinson, in his closing summation, reminded the jurors of the physical evidence that supported the prosecution's theory of the case. The victim's bullet wounds indicated that the AK-47 had been fired at an angle consistent with being discharged by the driver of the Cadillac. Moreover, the defendant's fingerprints, not Ryan Greathouse's, were on the assault rifle.

     On August 20, 2012, a week after the Roberto Roman trial began, the jury, after deliberating eight hours, found the defendant not guilty of the aggravated first degree murder of Deputy Josie Fox. The jurors, in defending their unpopular verdict, said that without Roman's confession, they didn't have enough evidence to find him guilty.

     Roberto Roman became the first Utah defendant charged with the murder of a police officer to be acquitted since 1973. The jury did find him guilty of the lesser offenses pertaining to the assault rifle and the evidence tampering. On October 24, 2012, the judge sentenced Roman to the ten year maximum sentence for those crimes.

     The not guilty verdict in the Roberto Roman murder trial shocked and angered the law enforcement community, friends and relatives of the slain police officer, and a majority of citizens familiar with the case. Had Ryan Greathouse not died between the time of the shooting and Roman's trial, this case may have had a different ending. For a stupid person Roberto Roman had done a good job of beating a strong circumstantial case.

     In May 2013, David Barlow, the United States Attorney for the District of Utah, announced that a federal grand jury had returned an 11-count indictment against Roberto Roman for, among other crimes, the murder of Deputy Josie Fox. U.S. Attorney Barlow said, "The fact that Mr Roman had already been tried before a state court had no influence or affect on the federal murder charge [arising out of the same conduct]." In other words, according to this federal prosecutor, the Fifth Amendment protection against double jeopardy didn't apply in this case.

     The new federal charges against Roman, in addition to murder, included, among other offenses, drug trafficking and illegally firing a gun in the death of a police officer. If convicted as charged, Roman faced a maximum sentence of life in prison.

     In May 2014, Roman's attorneys filed a motion to dismiss the federal indictments on grounds their client should not have to stand trial for a federal murder charge related to the same crime. Attorney Jeremy Delicino said, "In layman's terms, the Untied States seeks a second chance to rectify what it believes the jury got wrong the first time. In blunt colloquial terms, the Unites States seeks a do-over."

     In response to the defense motion to dismiss the indictments, lawyers for the prosecution asserted that the U.S. Supreme Court had held that federal and state governments can prosecute a person for separate crimes based upon the same conduct.

     On September 30, 2014, U.S. District Court Judge David Nuffen ruled that prosecuting Roberto Roman for federal offenses related to the police officer's murder did not constitute double jeopardy. The federal case could therefore go forward.

     On February 6, 2017, a jury sitting in a Salt Lake City courtroom found Roberto Roman guilty of eight federal charges that included the murder of Deputy Fox. U.S. District Court Judge David Nuffen, in April 2017, sentenced Roman to life in prison plus 80 years. "Criminals must know that killing a law enforcer in the line of duty means that they will never go free," he said.



      

An Eye For An Eye

The biblical precept, "An eye for any eye and a tooth for a tooth" belongs to an era that predates courts. It enjoins the injured party not to wreak vengeance beyond the injury he has suffered. In this sense it is the beginning of the idea of justice.

Ronald Irving, The Law Is An Ass, 2011 

A Good Writing Day

I know perfectly well how to have a good writing day: get up around six, get a quick breakfast, at my desk before seven for an uninterrupted three hours of solid work (invariably the most productive segment of the day); a break at ten to fetch the mail, then back to work--resisting, by sheer strength of character, the seductions of the mail--until noon. Break again to [take a walk], get lunch, read the paper. Back to the desk for another productive couple of hours, until concentration fades; sag away from the desk about four, get a nap, feed and exercise the dogs, and begin, cocktail in hand, to read whatever it is I'm reading at the time. Piece of cake. I get a writing day like that, oh, at least once a month.

John Jerome, The Writing Trade, 1992 

The Premature Aging of Prostitutes

Their faces go before their time, their skin coarsens, their speech turns foul until at last it is true to say they are almost completely de-womanized in every gentle aspect of that word. This, like the mark of Cain on the brow of the murderer, is the stigmata of prostitution which none can escape.

John Gosling, head of Scotland Yard's vice squad in the 1950s, in The Book of Criminal Quotations, J.P. Bean, editor, 2003 

The Unhappy Vocation

Novel writing is considered a profession and I don't think it is a profession. I think that everyone who does not need to be a writer, who thinks he can do something else, ought to do something else. Writing is not a profession but a vocation of unhappiness. I don't think that an artist can ever be happy.

Georges Simenon, Paris Review, Summer 1955