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Do parolees really ‘walk free’? Busting common myths about parole

<a href="https://theconversation.com/profiles/monique-moffa-1380936">Monique Moffa</a>, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/alyssa-sigamoney-1375881">Alyssa Sigamoney</a>, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/greg-stratton-161122">Greg Stratton</a>, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/jarryd-bartle-441602">Jarryd Bartle</a>, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>, and <a href="https://theconversation.com/profiles/michele-ruyters-18446">Michele Ruyters</a>, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a> Parole is a hot topic in politics and in the media at the moment, fuelled by several high-profile parole applications. Recently, <a href="https://www.sbs.com.au/news/article/no-parole-for-convicted-baby-killer-keli-lane/xoykrtvxe?cid=testtwitter">Keli Lane’s</a> attempt to be released on parole after years in jail for the murder of her baby daughter was unsuccessful. <a href="https://www.heraldsun.com.au/truecrimeaustralia/police-courts-victoria/how-frankston-serial-killer-paul-denyer-will-apply-for-bail/news-story/4613d1b3fced1f4aeaa9c4e08e8b81e0">Paul Denyer</a>, known as the “Frankston Serial Killer” for murdering three women in the 90s was also denied parole. Meanwhile, Snowtown accomplice <a href="https://www.adelaidenow.com.au/truecrimeaustralia/police-courts-sa/bodies-in-the-barrels-helper-mark-haydon-released-on-parole/news-story/fdfbbbe7b59267d8009c6910249de585">Mark Haydon</a> was granted parole with strict conditions, but is <a href="https://www.abc.net.au/news/2024-04-01/snowtown-accomplice-mark-haydon-still-in-custody-after-parole/103653934">yet to be</a> released. Some media coverage of such well-known cases is littered with myths about what parole is, how it’s granted and what it looks like. Here’s what the evidence says about three of the most common misconceptions. <h2>Myth 1: people on parole walk free</h2> Parole is the conditional release of an incarcerated person (parolee) by a parole board authority, after they have served their non-parole period (minimum sentence) in jail. This isn’t always reflected in headlines. <a href="https://www.9news.com.au/national/snowtown-murders-bodies-in-barrels-murders-mark-haydon-release-south-australia/f4b62a72-ec3d-4238-94d2-64697fbcdef3">Some coverage</a> suggests people on parole are released early and “walk free” without conditions. This is not true. According to the <a href="https://www.adultparoleboard.vic.gov.au/what-parole/purpose-and-benefits">Adult Parole Board of Victoria</a>: "Parole provides incarcerated people with a structured, supported and supervised transition so that they can adjust from prison back into the community, rather than returning straight to the community at the end of their sentence without supervision or support." Parole comes with strict conditions and requirements, such as curfews, drug and alcohol testing, electronic monitoring, program participation, to name a few. People with experience of parole highlight its punitivism and continued extension of surveillance. <h2>Myth 2: most parolees reoffend</h2> Another myth is that the likelihood all parolees reoffend is high. Research over a number of years has consistently found parole reduces reoffending. For example, <a href="https://journals.sagepub.com/doi/abs/10.1177/0004865815585393?journalCode=anja">a 2016 study in New South Wales</a> found at the 12 month mark, a group of parolees reoffended 22% less than an unsupervised cohort. A <a href="https://www.bocsar.nsw.gov.au/Publications/CJB/2022-Report-Effect-of-parole-supervision-on-recidivism-CJB245.pdf">2022 study</a> by the NSW Bureau of Crime Statistics and Research found parole was especially successful in reducing serious recidivism rates among incarcerated people considered to be at a high risk of reoffending. More recently in Victoria, <a href="https://www.adultparoleboard.vic.gov.au/system/files/inline-files/Adult%20Parole%20Board%20Annual%20Report%202022-23_0.pdf">the Adult Parole Board</a> found over 2022–23, no parolees were convicted of committing serious offences while on parole. In contrast, unstructured and unconditional release increases the risk of returning to prison. <h2>Myth 3: parole is easy to get</h2> While the number of parolees reoffending has dropped, so too has the total number of people who are exiting prison on parole. Over a decade ago, Victoria underwent significant parole reforms, largely prompted by high-profile incidents and campaigns. In just five years following Jill Meagher’s tragic death in 2012, the Victorian government passed <a href="https://www.tandfonline.com/doi/full/10.1080/10345329.2018.1556285">13 laws reshaping parole</a>. The result is the number of people on parole in Victoria has halved since 2012, despite incarceration numbers remaining steady. <iframe id="maNRy" class="tc-infographic-datawrapper" style="border: none;" src="https://datawrapper.dwcdn.net/maNRy/" width="100%" height="400px" frameborder="0"></iframe> These reforms have made it more difficult for people convicted of serious offences to get parole, as well as preventing individuals or specific groups from being eligible for parole (such as police killers, <a href="https://theconversation.com/no-body-no-parole-laws-could-be-disastrous-for-the-wrongfully-convicted-191083">“no body, no parole” prisoners</a>, and certain high-profile murderers). Similar laws can be found in other states. For example, no body, no parole was introduced in all other Australian states and territories, except for Tasmania and the Australian Capital Territory. As a consequence, more people are being released at the end of their full sentence. This can be detrimental not only for the incarcerated person but the wider community, because they are not receiving the reintegration support parole provides. Aside from restricted access due to political intervention, parole is facing a new crisis, which has nothing to do with eligibility or suitability. Last year, 40% of Victorian parole applications were denied, often due to reasons <a href="https://www.adultparoleboard.vic.gov.au/system/files/inline-files/Adult%20Parole%20Board%20Annual%20Report%202022-23_0.pdf">unrelated to suitability</a>. Housing scarcity played a significant role, with 59% of rejections (or 235 applications) citing a lack of suitable accommodation as one of the reasons parole was denied. This is playing out <a href="https://www.abc.net.au/news/2023-08-11/women-on-bail-parole-increased-risk-of-homelessness-qld/102717002">across the country</a>. Parole is vulnerable to community and media hype, and political knee-jerk reactions in response to high profile incidents involving a person on parole. Because of the actions of a few, parole as a process has been restricted for many. While the wider community are active in advocacy efforts to restrict parole from certain people or groups (for example, this petition for <a href="https://www.change.org/p/lyns-law-no-body-no-parole">Lyn’s Law in NSW</a>), public efforts to restrict parole seem at odds with its purposes. Despite this, research suggests when the public are educated about the purposes and intent of parole, they are more likely to be <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3125829">supportive of it</a>. The susceptibility of parole to media and community influence results in frequent, impactful changes affecting individuals inside and outside prisons. Headlines such as “walking free” have the potential to mislead the public on the purpose and structure of parole. Coverage should portray parole beyond mere early termination of a sentence by accurately reflecting its purpose and impact.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/226607/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/monique-moffa-1380936">Monique Moffa</a>, Lecturer, Criminology & Justice, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/alyssa-sigamoney-1375881">Alyssa Sigamoney</a>, Associate Lecturer in Criminology and Justice Studies, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/greg-stratton-161122">Greg Stratton</a>, Lecturer - Criminology and Justice Studies, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/jarryd-bartle-441602">Jarryd Bartle</a>, Associate Lecturer, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>, and <a href="https://theconversation.com/profiles/michele-ruyters-18446">Michele Ruyters</a>, Associate Dean, Criminology and Justice Studies, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a> Image credits: Shutterstock This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/do-parolees-really-walk-free-busting-common-myths-about-parole-226607">original article</a>.

Legal

Groom faces serious jail time after $89 million "wedding of the century"

A groom whose viral $89 million wedding was dubbed the "wedding of the century" is now facing a possible life sentence in prison. Jacob LaGrone, 29, and wife, car dealership heiress Madelaine Brockway, took social media by storm last month after videos of their lavish, five-day wedding in France went viral on TikTok. The wedding which featured an overnight stay at the Palace of Versailles, rehearsal dinner at the Paris Opera House, and a performance by Maroon 5 at the Texan couple's reception, was nothing short of amazing. Now, instead of going on their honeymoon, the groom could be facing life in prison, after getting arrested for allegedly shooting at three police officers in an incident on March 14. The Nashville native was indicted eight months ago on three counts of aggravated assault on a public servant, which is a first-degree felony in Texas, that, if convicted, could see him face a sentence from less than five years to life in prison. According to city officials, officers responded to multiple disturbance calls about a gun being discharged at a home – and when the three officers arrived, "they were fired upon” by LaGrone. An indictment obtained by The Washington Post, said that LaGrone "did intentionally and knowingly threaten imminent bodily injury" to the officers and “did use or exhibit a deadly weapon during the commission of the assault, namely, a firearm”. The indictment did not specify where the incident took place, and no further details were given regarding the disturbance calls. The Dallas Morning News reported that the Tarrant County District Attorney offered LaGrone a plea deal of 25-years in jail . Neither LaGrone nor his wife have publicly addressed the charges, and both have since made their social media accounts private. Images: Instagram/ News.com.au

Legal

How mistaken identity can lead to wrongful convictions

<a href="https://theconversation.com/profiles/hayley-cullen-423538">Hayley Cullen</a>, <a href="https://theconversation.com/institutions/macquarie-university-1174">Macquarie University</a> In March 1976, American Leonard Mack was convicted of sexual assault and holding two female victims at gunpoint. In September 2023, Mack’s wrongful conviction was finally overturned by a New York judge on his 72nd birthday with the help of the <a href="https://innocenceproject.org/news/hit-in-dna-database-proves-leonard-macks-innocence-after-47-years-of-wrongful-conviction/">Innocence Project</a>, an organisation that uses DNA evidence to prove factual innocence. Mack’s conviction took 47 years to overturn. He served seven-and-a-half of these years in a New York prison. His case is the <a href="https://innocenceproject.org/news/8-moving-moments-from-leonard-macks-historic-exoneration-after-47-years/">longest</a> in United States history to be overturned using DNA evidence. In June 2023, a similar historic moment occurred in Australia. Kathleen Folbigg was <a href="https://www.theguardian.com/australia-news/2023/jun/05/kathleen-folbigg-pardoned-after-20-years-in-jail-over-deaths-of-her-four-children">pardoned and released</a> after 20 years in prison for the murder and manslaughter of her four young children. Considered one of the <a href="https://www.smh.com.au/national/nsw/folbigg-release-would-make-chamberlain-case-pale-into-insignificance-20230307-p5cpya.html">worst miscarriages of justice</a> in Australian history, Folbigg’s release has sparked discussion over whether Australia needs a <a href="https://www.theguardian.com/australia-news/2023/jun/12/not-a-rare-case-kathleen-folbigg-pardon-sparks-calls-for-new-body-to-review-possible-wrongful-convictions">formalised body</a> to deal with post-conviction appeals. Mack and Folbigg are only two individuals on different sides of the world who have spent decades fighting to prove their innocence. Many others are still fighting. The prevalence of wrongful convictions is hard to determine. The <a href="https://www.law.umich.edu/special/exoneration/Pages/about.aspx">National Registry of Exonerations</a> in the United States has recorded 3,396 exonerations nation-wide since 1989. But data on official exonerations fail to capture the many individuals whose convictions are yet to be overturned. Estimates of the prevalence of wrongful convictions in the United States range from <a href="https://journals.sagepub.com/doi/pdf/10.1177/08874034221106747?casa_token=DL_gPkxNcI8AAAAA:uI-en9junmLXXScDGthXAuC9JcLsxp5OF1J4QB1WdA2L2cZRcwRuwtxVmIMiKYbYaSDj_ji4EdPSLA">0.5 to 5%</a>. The exact prevalence in Australia is less clear but we do know <a href="https://search.informit.org/doi/pdf/10.3316/informit.801706351305383?casa_token=cpZBfZmh944AAAAA%3Ax_zYUlnogLjuDWl81jc38vmeOovzw44M171rP7G3ibNnU35rvWS0yeIO_Ad0eBa54nE54KxaKzIb3w4">71 cases of wrongful convictions</a> have been identified in Australia between 1922 to 2015. Some have argued there could be <a href="https://search.informit.org/doi/pdf/10.3316/informit.308199161216493">350 convictions per year</a> of individuals who are factually innocent in Australia. A witness mistakenly identifying an innocent suspect is common in many wrongful conviction cases. Eyewitness misidentification is the leading contributing factor in wrongful convictions overturned by the <a href="https://innocenceproject.org/exonerations-data/">Innocence Project</a>, present in 64% of their successful cases. In Australia, <a href="https://search.informit.org/doi/pdf/10.3316/informit.801706351305383?casa_token=cpZBfZmh944AAAAA%3Ax_zYUlnogLjuDWl81jc38vmeOovzw44M171rP7G3ibNnU35rvWS0yeIO_Ad0eBa54nE54KxaKzIb3w4">6%</a> of recorded wrongful convictions involved an eyewitness error. This may be an underestimate given many applications to innocence initiatives in Australia alleging wrongful conviction, such as the <a href="https://bohii.net/">Bridge of Hope Innocence Initiative</a>, report <a href="https://bohii.net/blog/positiononestablishingccrcas">eyewitness evidence</a> as a potential contributing factor. In Mack’s case, two victims misidentified him as the perpetrator. These identifications proved to be instrumental in his wrongful conviction. How did the two victims get it wrong? <h2>How problematic procedures influence eyewitnesses</h2> Eyewitness identification evidence relies on witnesses to accurately remember criminal perpetrators. Several factors affect eyewitness memory accuracy. Features of the crime can impact memory, such as whether it was light or dark, or whether the perpetrator wore a disguise. Memory can also be affected by characteristics of the witness at the time of the crime, such as their stress or intoxication levels. These factors are present at the time of the crime and cannot be changed. What is perhaps more crucial is that eyewitness memory can also be affected by the procedures law enforcement use to collect identification evidence. In <a href="https://innocenceproject.org/news/hit-in-dna-database-proves-leonard-macks-innocence-after-47-years-of-wrongful-conviction/">Mack’s case</a>, there were serious problems with the procedures used to get the identifications from the victims. One of the victims made three separate identifications of Mack. Witnesses should only complete one identification procedure for each suspect, because the first identification will bias future identification attempts. For two of the identifications the victim made, she was only shown Mack by himself surrounded by police. Showing a lone suspect without any other lineup members may <a href="https://link.springer.com/chapter/10.1007/978-3-319-29406-3_2">increase mistaken identifications</a>, particularly when the context in which they are shown is highly suggestive. Seeing Mack in handcuffs and in the presence of police may have led the victim to identify him. Mack was the only person shown to the witness in these identification attempts, so the police officers organising the process knew he was the suspect. “Single-blind” administration of identification procedures – where the police officers organising the lineup know who the suspect is – increase the likelihood of <a href="https://psycnet.apa.org/record/2017-49224-002">mistaken identifications</a>. For the other identification this victim made, she picked Mack out of a photo lineup containing seven images. Mack’s photo was the only photo in the lineup that contained visible clothing and the year (1975) in the background. All members of a lineup must be matched and no one lineup member <a href="https://www.apa.org/pubs/journals/releases/lhb-lhb0000359.pdf">should stand out</a>, but Mack’s photo was distinct. With all these problematic practices combined, we can see how Mack was misidentified and convicted. In 2020, a team of eyewitness experts published <a href="https://www.apa.org/pubs/journals/releases/lhb-lhb0000359.pdf">nine evidence-based recommendations </a>for conducting identification procedures. These recommendations serve to reduce mistaken identifications and enhance accurate ones. The recommendations address the problematic practices in Mack’s case, but also include things like making sure there is sufficient evidence to place a suspect in a lineup, and giving appropriate instructions to witnesses during the procedure. Identification procedures should also be video recorded to identify any poor practices. While these recommendations will go a long way to reducing wrongful convictions resulting from faulty eyewitness identifications, they will only be effective if followed by police. The next step is ensuring these recommendations are embedded into everyday policing practice.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/214844/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/hayley-cullen-423538">Hayley Cullen</a>, Lecturer, <a href="https://theconversation.com/institutions/macquarie-university-1174">Macquarie University</a> Image credits: Shutterstock This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/how-mistaken-identity-can-lead-to-wrongful-convictions-214844">original article</a>.

Legal

Sitcom star jailed for 30 years

That ‘70s Show star Danny Masterson has been sentenced to 30 years in prison for raping two women who were in the Church of Scientology with him in 2003. Masterson, 47, who was found guilty of raping victims Jen B and N Trout in his Hollywood home in June, received his sentence on Thursday, California time. The actor remained silent in court as he received 15 years for each count, which will be served consecutively. “One way or another you will have to come to terms with your prior actions, and their consequences,” Los Angeles County Superior Court Judge Charlaine Olmedoe told Masterson, according to the New York Post. The victims testified that they passed out after Materson gave them drinks, then he proceeded to violently rape them. Prosecutors claimed that Materson raped N Trout so violently that she threw up in her mouth. Prior to the sentencing, N Trout read out her victim statement, where she slammed the actor for his violent actions, but also forgave him and hoped that he would do better in prison. “You relish in hurting women. It is your addiction. It is without question your favourite thing to do,” she said, according to court reporter Meghann Cuniff. “Life is precious and fragile. Find your heart … Learn something. Read books. Listen to the brightness of nothing and get well. I forgive you." Jen B, on the other hand, reiterated the fact that there was no conspiracy to take down Materson or the Church of Scientology. This comes after the defence had previously argued that the sexual acts were consensual, accusing the women of co-ordinating their stories to discredit former Hollywood star. The victims also told the court that Scientology officials told them not to report the crime because Masterson was a high-ranking member of the church, and instead they were put through an ethics program. After an initial deadlock vote, the jury found Masterson guilty of two counts of rape, but could not reach a unanimous verdict on a third count alleging that the former star also assaulted his ex-girlfriend Christina Bixler. However, he was not charged with any counts of drugging as there were no toxicology evidence to back up the women's statement, which will likely play a role in Masterson’s plan to appeal the verdict. The Church of Scientology also released a statement, criticising the notion that they tried to silence the complaints, claiming that the women's testimony were “uniformly false”. “The Church has no policy prohibiting or discouraging members from reporting criminal conduct of anyone — Scientologists or not — to law enforcement,” “Quite the opposite, church policy explicitly demands Scientologists abide by all laws of the land.” Image: Lucy Nicholson - Pool/Getty Images

Legal

"Most dangerous spy in US history" dies in jail

The USA’s most notorious FBI agent has been found dead in his top security prison cell at the age of 79. Prison officials confirmed the news of Robert Hanssen’s passing, more than 20 years after he received a life sentence for selling classified US material throughout the 1980s and 1990s. While no cause of death has been revealed, a statement from the Bureau of Prisons revealed that staff at the facility took life-saving measures after Hanssen was found unresponsive in his cell, to no avail. Hanssen - who is now regarded as one of the most dangerous spies in US history - sold thousands of documents in exchange for the diamonds and cash over the course of his deception. According to the FBI, by the time of his arrest, Hanssen had received the value of more than $1.4 million. He first launched his career with the FBI in 1976, and it was only a few years before he began spying for the Soviet Union, sending classified information - on everything from human resources to counterintelligence - to the Soviet Union and Russia under the alias ‘Ramon Garcia’. It is believed that he was able to cover for himself through his role in the FBI’s New York counterintelligence department, where he was tasked with tracking down his own kind - spies. “As a result of his assignments, Hanssen had direct and legitimate access to voluminous information about sensitive programs and operations,” the FBI explained at the time. “As the complaint alleges, Hanssen effectively used his training, expertise and experience as a counterintelligence Agent to avoid detection, to include keeping his identity and place of employment from his Russian handlers and avoiding all the customary ‘tradecraft’ and travel usually associated with espionage.” Neither the FBI or CIA caught on to the fact there was a mole working within the system for years, but did eventually secure “original Russian documentation of an American spy”, according to the FBI and Forbes. According to reports, not even Hanssen’s Russian handlers knew his true identity, and he was not at the top of any suspect list. By all appearances, he lived a frugal life among Washington’s conservative Catholics, with a wife and six children. But Hanssen was caught in suburban Virginia at a ‘dead drop’, and his arrest came in 2001. He pleaded guilty to 15 counts of espionage, and was consequently sentenced to life behind bars without parole for “espionage, conspiracy to commit espionage, and attempted espionage”. “I apologise for my behaviour,” Hanssen said during his sentencing. “I am shamed by it. “I have opened the door for calumny against my totally innocent wife and children. I’ve hurt so many deeply.” Images: FBI

Legal

Tourist jailed over nude stunt at Bali temple

A German tourist could face time in jail after stripping naked and crashing a sacred dance performance at a temple in Bali. The backpacker, identified by police as 28-year-old Darja Tuschinski, casually strolled up to the stage with no clothes on while the dancers remained professional and calm. In the now-viral clip filmed earlier this week, the backpacker was filmed climbing the stairs and attempting to open a door into the temple, as a local man attempted to stop her. After barging the door open, she was then filmed then walking down and kneeling in front of the stage, where she appeared to pray in front of horrified onlookers. “The female foreigner went naked on the stage of Saraswati Ubud Temple owned by Tjokorda Ngurah Suyadnya AKA Cok Wah,” Bali Police spokesman Stefanus Satake Bayu Setianto told local media outlet <a title="coconuts.co" href="https://coconuts.co/bali/news/naked-german-woman-crashes-balinese-dance-show-at-ubud-temple/">Coconuts Bali</a>. The bizarre stunt sparked backlash online, with one local writing, “Why weren’t you immediately given clothes and secured first? There was someone who was performing the Balinese dance … We don’t need crazy caucasians, do we?” Another wrote, “Sad to see the behaviour of this one person.” A third pointed out the cultural clash, writing, “Caucasians who go to Asia usually feel the most spiritual freedom (and) enlightenment … But (their) life and mindset are not in accordance with traditional Asian spiritual and spiritual values, especially in Bali.” Local council chief Wayan Widana told another local media outlet, <a title="radarbali.jawapos.com" href="https://radarbali.jawapos.com/pariwisata/24/05/2023/dewa-ratu-viral-wanita-jerman-bugil-di-pentas-tari-polda-bali-telisik-begini-kata-camat-ubud/">Radar Bali</a>, that Tuschinski was known to suffer mental health issues and had been “brought to the Bangli Mental Institution.” In recent months, Indonesian officials have expressed their frustrations with unruly tourists. Ravindra Singh Shekhawat, who is the general manager for Bali operations at Melbourne-based tour company Intrepid Travel, told <a href="https://www.news.com.au/travel/travel-updates/incidents/crazy-caucasians-bali-community-slams-german-tourists-naked-act/news-story/035939942bb25f7e127ee419131031fb" target="_blank" rel="noopener">news.com.au</a> earlier this year, “Recently there has been an increase in tourists not following the local laws and respecting local culture and traditions, including instances of tourists getting into heated arguments with local police for not wearing helmets or breaking traffic laws.” Image credits: Twitter

Travel Trouble

Woman demands jail time for own mother

A grieving Florida woman is demanding her own mother serve prison time after her two young children died less than a year apart while allegedly in their grandmother’s care, one in an accidental drowning and another as a result of being left unattended in a hot car. Court records show that the grandmother, Tracey Nix, 65, was arrested and charged in November 2022 for aggravated manslaughter and leaving a child unsupervised in a motor vehicle. The charges are in relation to the death of seven-month-old Uriel Schock on November 1 2022. “How do you forget a little girl,” Uriel’s father, Drew Schock, said in an emotional interview with local station WFTS. Authorities reported that Nix left the young child in her car outside her Wauchula home for several hours after returning from lunch. Nix claimed she “forgot” about the child being in the vehicle, according to court documents. Nix told authorities that her daughter, Kaila Schock, asked her to mind Uriel while she went to a hair appointment, the documents read. Nix said she went to a friend’s house that morning before leaving to pick up Uriel. She then drove to a restaurant for lunch, the documents state. The pair left the restaurant at about 1:40pm. Security footage saw Nix putting Uriel into the rear car seat before driving off, authorities said in the documents. Nix claimed she drove about 10 minutes back to her home, parked the car and went inside to talk to her dog and practise the piano. She told Hardee County Sheriff’s Office that it was not like “I was rushing in the house to do anything ... I just forgot,” according to court documents. The court filings said that Nix was waiting for her other grandchild to arrive, so they could go out to dinner. After 4:30pm, Nix took two cups of tea out to her car for her and her grandson before driving her vehicle to her backyard. According to authorities, Nix’s husband was in the backyard and the couple talked for about 10 minutes, the documents state. When the older grandchild arrived, Nix said it suddenly “came across her head” that Uriel was still in the car, court documents state. Nix’s husband pulled the baby from the car and performed CPR while someone called 911. Uriel was sadly pronounced dead at the scene. The sheriff’s office said temperatures that day reached approximately 32°C. Autopsies showed no sign of injury. The little girl’s death was ruled a homicide. Image credit: Shutterstock

Legal

Russia finally frees Olympic basketballer

Russia has freed WNBA star Brittney Griner in a dramatic high-level prisoner swap with the US for notorious Russian arms dealer Viktor Bout. The swap was a major goal for President Joe Biden, but carried a hefty price. The deal, which was the second such exchange in eight months with Russia, procured the release of the most prominent American detained abroad. Brittney Griner is a two-time Olympic gold medalist whose months-long imprisonment on drug charges brought unprecedented attention to the population of wrongful detainees abroad. Biden's authorisation to release a Russian felon once nicknamed "the Merchant of Death" highlighted the escalating pressure that his government faced to bring Griner home. This follows the recent resolution of her criminal case. "Today my family is whole," Cherelle Griner said in a press conference at the White House. She also called for Paul Whelan's release. Biden says US has "not forgotten about Paul Whelan", will "never give up" trying to secure his release from Russia. "We've never forgotten about Brittney and we've not forgotten about Paul Whelan, who's been unjustly detained in Russia for years," the US President said. "This was not a choice of which American to bring home. We brought home Trevor Reed when we had a chance earlier this year. Sadly, for totally illegitimate reasons, Russia is treating Paul's case differently than Brittney's, and while we have not yet succeeded in securing Paul's release, we are not giving up.” Russian and US officials had conveyed cautious optimism in recent weeks after months of strained negotiations. Biden announced in November that he was hopeful that Russia would engage in a deal now that the midterm elections were complete. The Biden administration was ultimately willing to exchange Viktor Bout if it meant Griner's freedom. The detention of one of the greatest players in WNBA history contributed to a swirl of unprecedented public attention for an individual detainee case — not to mention intense pressure on the White House. Griner's arrest in February made her the most high-profile American jailed abroad. Images: Wikimedia / Twitter

Legal

US Olympic gold medallist jailed by Russian court

US Olympic gold medallist Brittney Griner has been charged with drug possession and smuggling, and sentenced to nine years in a Russian prison. The 31-year-old basketball champion listened to the judge's verdict with a blank expression as an interpreter translated the ruling by Judge Anna Sotnikova, with her lawyers later saying she was "very upset." <div class="block-content" style="box-sizing: border-box; margin: 16px 0px; padding: 0px; border: 0px; font-stretch: inherit; line-height: 24px; vertical-align: baseline;"> Griner also was fined 1 million rubles, or approximately $23,110. Brittney pled guilty to the charges, but admitted she "had no intention of breaking Russian law", as she explained that she accidentally packed the cannabis vape canisters in haste before her flight. US President Joe Biden denounced Brittney's verdict and sentence as "unacceptable", which came amid soaring tensions between the US and Russia over the ongoing war in Ukraine. "I call on Russia to release her immediately so she can be with her wife, loved ones, friends, and teammates," Biden said, adding that he would continue to work to bring home Griner and Paul Whelan, an American imprisoned in Russia on an espionage conviction. Griner, who is recognised as one of the greatest players in WNBA history, has been detained in Russia since February 17 after police said they found vape cartridges containing cannabis oil in her luggage upon landing at Moscow's Sheremetyevo Airport. She was returning to Russia, where she has competed since 2014. Defence attorney Maria Blagovolina told reporters later that Griner was "very upset, very stressed" "She can hardly talk. It's a difficult time for her," the lawyer said. Griner's agent Lindsay Kagawa Colas tweeted that the sentence "was severe by Russian legal standards and goes to prove what we have known all along, that Brittney is being used as a political pawn". She added that she supported Biden's efforts "to get a deal done" to get Brittney sent home to the US. Image credits: Getty Images </div>

Legal

"You acted out of love": Judge says no jail for man who killed his wife

A pensioner who slit his wife's throat has been spared jail and cleared of her murder after telling a jury he killed his terminally-ill partner of 40 years in an "act of love". Graham Mansfield, 73, was instead found guilty of manslaughter after he admitted to taking the life of his terminally-ill wife Dyanne, just months after she asked him to take her life "when things get bad for me". The retired airport baggage handler told Manchester Crown Court they were the "saddest words he had ever heard", but that he agreed to his wife's request as long as he could kill himself too. A jury made up of 10 men and two women only took 90 minutes of deliberation to find Graham not guilty for murder, but guilty of manslaughter. He was sentenced to two years in jail, but with two years suspended sentence, meaning he will not be imprisoned. Graham was arrested in March 2021 after he called emergency services himself and told the operator he had killed his wife of 40 years at 9pm the previous day before trying to kill himself. <img src="https://oversixtydev.blob.core.windows.net/media/2022/07/graham-wife-2.jpg" alt="" width="1280" height="720" /> Mrs Mansfield had been suffering with Stage 5 lung cancer. Image credit: Greater Manchester Police Mrs Mansfield was found with a "gaping incised would" and her windpipe had been severed. Police found three knives and a hammer near her body, along with two bricks on top of a plastic wallet containing a note written by the defendant for the police. "We have decided to take our own lives," it said, giving instructions on where to find his house keys and how to contact his sister, the court heard. Another note was written by Mr Mansfield and was addressed to his family, which read, "We are sorry to burden you with this but there is no other way. We made a pact that when it got too bad for Dyanne we would end it." "I couldn't bear to live without Dyanne and as the months progressed and as things got worse, it only reinforced our decision that the time has arrived. We hope you all understand." "Don't get too upset. We have had a wonderful and happy life together." Image credits: ITV News / Greater Manchester Police

Caring

Employee reveals “creepy” cruise ship facts

A former cruise ship employee has opened up about some secrets that people might not know about cruise ships. Lauren worked on cruise ships for two years and shared a <a href="https://www.tiktok.com/@laurentalkssmack/video/7104262853795843371?is_copy_url=1&is_from_webapp=v1&q=laurentalkssmack&t=1657168956193" target="_blank" rel="noopener">TikTok</a> about the “creepy” rooms onboard. “There’s some crazy stuff about cruise ships you might not know as a guest,” she said. “I used to work on a cruise ship and I find it so interesting... like all these little things that are kind of creepy. There’s a morgue on board and there’s a jail on board.” She explained that anything could happen on board cruise ships and it was important to be ready. If someone dies, the person is placed in the morgue, and if a traveller breaks the law or causes any trouble they are taken to the jail on board the ship. Lauren went on to explain that there’s no “deck 13” onboard cruise ships either due to superstitious reasons surrounding the number. “It’s a superstitious thing. Sorry, that’s weird. We’re on a cruise ship and you’re making me feel like superstition comes into play.” The now viral video has been viewed more than 850,000 times with many saying they didn’t know about these tiny details. “I don’t know if it’s just me, I thought if someone died on board they would throw them off,” someone said. “Death is everywhere and inevitable. It’s better to have a place to process grandma Ruth who had a heart attack at sea rather than having to go to land,” another said. Images: TikTok

Cruising

Three men handed jail sentences after careless, drunken act in a national park

Three tourists who were filmed getting too close to feeding brown bears in the wild have been handed prison sentences and the additional punishment of thousands of dollars worth of fines. David Engelman, 56, from Sandia Park, New Mexico, and Ronald J. Engelman, 54, and Steven Thomas, 30, both from King Salmon, Alaska, pleaded guilty to leaving the trail in Alaska’s Katmai Park to get closer to the animals. The men were identified after they were captured on a park webcam as they waded out into a salmon run to take selfies as the bears were feeding. All three men were fined $US3000 each ($A4260) and given a year probation. David and Ronald Engelman were sentenced to one week in prison, while Steven Thomas received a 10-day sentence. In addition, each man is prohibited from entering any national park for one year. Judge Matthew Scoble called their behaviour “drunken capering, and a slap in the face to those who were there”. The proceeds from the fines would go towards the Katmai Conservancy, a non-profit that looks after the running of the park. The incident happened in Autumn of 2018, causing outage. The men were eventually identified by the National Park Service Investigative Services, with help of the livestream footage. <iframe title="YouTube video player" src="https://www.youtube.com/embed/F8qkHl18xf0" width="560" height="315" frameborder="0" allowfullscreen="allowfullscreen"></iframe> “The conduct of these three individuals not only endangered other visitors and wildlife officers at Brooks Falls, they also potentially endangered the life of the bears,” lawyer S. Lane Tucker said. Had the incident resulted in death or injury, Mr Tucker argued it would have had a huge impact on tourism to the area and the animals would have had to be killed. The National Park Service were alerted to the incident by viewers of their ‘bear cam’ which was being broadcast live to YouTube. Images: YouTube

Legal

Marvel actress and husband sentenced to 8 and 14 years jail

Content warning: This article includes descriptions of child sexual abuse. Actress Zara Phythian, who appeared in Marvel’s 2016 film Doctor Strange, has received an eight-year prison sentence for child sexual abuse offences. The 38-year-old was <a href="https://www.oversixty.co.nz/finance/legal/doctor-strange-star-and-husband-found-guilty-of-child-abuse" target="_blank" rel="noopener">found guilty</a> by a jury last week of historical sexual abuse of a girl, aged between 13 and 15, and sentenced in the UK on Monday. Her 59-year-old husband, Victor Marke, was also found guilty of jointly abusing the same girl, as well as indecently assaulting a second, and sentenced to 14 years in prison. Both Phythian and Marke will be on the sex offender’s register for life and will be referred to the disclosure and barring service to prevent them from working with children ever again. Judge Mark Watson, who presided over the proceedings and handed down the sentences, said he believed Marke and Phythian’s abuse of the victim was pre-planned. “I regard you as the driving force behind the abuse,” Judge Watson told Marke. “Most people have held, and continue to hold you in high esteem. That’s due to the positive impact of your work [as martial arts instructors]. “Whilst that may help in mitigation, that is also why you were able to groom and corrupt the victims in this case and why you got away abusing them for so long.” Marke reportedly cried during the sentencing and paced the court in a tracksuit, while Phythian reportedly smiled and waved to someone in the public gallery, though her face was said to be pale and tear-streaked, per <a href="https://www.mirror.co.uk/3am/celebrity-news/breaking-doctor-strange-actress-zara-26975792" target="_blank" rel="noopener">The Mirror</a>. Judge Watson also said Phythian’s “deviance” was influenced by the hold Marke had on her from an early age - with the couple marrying when she was in her 20s after Marke had been her martial arts instructor from when she was a young teen. During the trial, the couple denied the accusations they were jointly convicted of, and the survivor, who they abused before Phythian found acting fame, gave testimony from behind a curtain in the witness stand. She said what happened to her, which the couple repeatedly told her not to tell anyone about, was her “deepest, darkest secret”. “I think they saw a vulnerability in me and preyed on that,” she said in a police interview. The second survivor of Marke’s assaults, said that he touched her leg after she accidentally touched his leg, before kissing her on the lips and neck and causing her feelings of confusion, according to her police interview. At other times, Marke also kissed her, before having sex with her when she was 16. Though the age of consent in the UK is 16, under section 15.3 of the <a href="https://www.legislation.gov.uk/ukpga/2000/44/notes" target="_blank" rel="noopener">Sexual Offences (Amendment) Act 2000</a> a person over the age of 18 who is in a “position of trust” to someone under 18 - such as being a martial arts instructor - would be committing an offence by having sex with them. Prior to sentencing, prosecutor Ahmed Hossain QC read out victim statements, where the survivor abused by Phythian and Marke said they “corrupted my development” and “robbed me of my innocence”. “You showed you liked a very advanced naughty side that satisfied your urges,” she said in the statement via Hossain. She also spoke of feeling intimidated and scared by the couple and stated that she didn’t want to keep being “[their] puppet”. “I have become an adult now. All the pain, anger and disgust and shame I felt is now on you. Both of you.” Image: Getty Images

Legal

Oatlands killer appeals severity of sentence

The drug and alcohol-riddled driver who killed four children after crashing into them on their way to the local shops has launched an appeal to decrease the severity of his sentence. On Monday, Samuel Davidson appealed the minimum 21-year sentence he was given for the manslaughter of Veronique Sakr, 11, and her cousins, siblings Antony, 13, Angelina, 12, and Sienna Abdallah, 8, when they were struck by his car as they walked to get ice cream near Oatlands golf course in February 2020. When the accident occurred, Davidson was under the influence of drugs and alcohol, and driving erratically before he mounted the footpath and struck the group of children. Davidson pled guilty to a host of charges around the deaths in October 2020, and was sentenced in April 2021. Davidson had no criminal history before the accident, a point his barrister Stephen Odgers used in Monday’s appeal to argue that his sentence was unreasonable. He also argued that Davidson’s diagnosis of ADHD, which he said made him prone to reckless behaviour, was not properly considered by the sentencing judge. At the time he was sentenced, Davidson was 30 years old and is not set to be released until he is at least 51. “That is a crushing sentence,” Odgers said. The parents of the Abdallah children were not present at the appeal hearing, however Veronique’s mother Bridget Sakr was in attendance at the court. “Our sentence is for the rest of our lives. Our suffering is every day,” she said. Bridget Sakr’s husband David Mackenzie said on Monday that the sentence sent an important message. “There are no comparable cases to our case, sadly,” Mackenzie said. “That’s why our case is so important. Because it sets a benchmark.” Image credits: Instagram / 7News

News

Daniel Johns facing jail time

Former Silverchair frontman Daniel Johns risks being thrown into jail following a horrific head-on collision while drink-driving. The 42-year-old, who is in a rehabilitation centre, entered a guilty plea to high-range drink driving through his lawyer Bryan Wrench. Wrench told the court that his client wanted the matter dealt with immediately because it was causing him anxiety during his three month stint in rehab. Magistrate Ian Cheetham rejected the premise saying the matter was too serious and that Johns could face jail time. The case was adjourned to June 22 for sentencing with Johns ordered to contact Corrective Services NSW officers to complete an assessment report. Wrench previously submitted documents to the courts to avoid his client being interviewed by Corrective Services. He noted that Johns knew the serious nature of the offence was suffering from mental health issues. The lawyer told the court that Johns was also prepared to stop drinking alcohol as part of an intensive corrections order if it would help him avoid jail. Police allege that Johns was three times over the legal alcohol limit when his car merged onto the other side of the road and crashed into a van in the NSW Hunter region about 10.30pm on Wednesday, March 23. The van driver, 51, and his female passenger, 55, were treated at the scene and the woman was taken to hospital. Johns was breathalysed and returned a shocking blood alcohol level of 0.157. He admitted himself to a rehabilitation facility telling his followers on Instagram that he was focusing on his mental health. “As you know, my mental health is a work in progress. I have good days and bad days but it’s something I always have to manage,” Johns wrote. “Over the last week I began to experience panic attacks. Last night I got lost while driving and I was in an accident. I am OK, everyone is OK. “I have to step back now as I’m self-admitting to a rehabilitation centre and I don’t know how long I’ll be there. Appreciate your love and support as always.” Image: Getty

Legal

Banksy offers to turn unused prison into an arts centre

Banksy has offered to raise over $18 million in order to buy a prison in the UK which was adorned with an artwork created by the street artist earlier this year. Developers had originally planned to turn the HMP Reading into apartments, but the plans for the heritage-listed site fell through. Now back on the market for the hefty price, Banksy has offered to raise the funds by selling the stencil he used to paint a mural on the wall in March 2021. The stencil has an estimated value of between $18 million and $28 million, and will be sold privately, as opposed to being sold at auction. Banksy’s generous offer is contingent on the site being used as an arts complex, in line with a $4.8 million bid made by Reading Borough Council last year which was rejected by the Ministry of Justice. Speaking to the <a href="https://www.thetimes.co.uk/article/banksy-sketches-out-10m-plan-to-free-oscar-wildes-prison-from-developers-2s70c86p9">Sunday Times</a>, Banksy said, “I had very little interest in Reading until I was on a rail replacement bus service that went past the jail.” “It's rare to find an uninterrupted 500m-long paintable surface slap bang in the middle of a town; I literally clambered over the passenger next to me to get a closer look.” “I promised myself I'd paint the wall even before I knew what it was. I'm passionate about it now, though.” He said, “Oscar Wilde is the patron saint of smashing two contrasting ideas together to create magic. Converting the place that destroyed him into a refuge for art feels so perfect we have to do it.” Banksy has only sold one of his stencils before, making it his rarest art form. Image credits: Getty Images

Art

Woman jailed after walking on natural wonder in US national park

A woman has received a jail sentence and hefty fine after walking directly on dangerous thermal features at Yellowstone National Park, Wyoming. 26-year-old Madeline Casey from Connecticut pleaded guilty to the misdemeanour offence and served seven days in jail. "Although a criminal prosecution and jail time may seem harsh, it's better than spending time in a hospital's burn unit," acting US Attorney Bob Murray said. In July, Madeline and a friend ignored safety signs and left the protective walkway to walk directly on the ground. "The ground is fragile and thin and scalding water just below the surface can cause severe or fatal burns.” “More than 20 people have died from burns suffered after they entered or fell into Yellowstone's hot springs," park spokesperson Morgan Warthin said in the statement. The judge ordered Madeline to pay US$2040 in fines, fees and community service as well as her week-long jail stint. She is also banned from re-entering Yellowstone National Park during her two year probation. This incident has prompted park officials to stress the importance of adhering to safety signs through the park. Madeline is just one of many people who have ignored safety signs at the park and landed themselves in trouble. In May last year, a woman was burned after falling into a thermal feature at Yellowstone when it was closed due to the coronavirus pandemic. She told park rangers she was moving back to get photos when she fell in the hot thermals. Two men last year were caught trespassing on the cone of Old Faithful, which is a closed thermal area. They were sentenced to 10 days in jail and five years of probation, as well being ordered to pay $738 restitution and banned from the park for five years. Park Chief Ranger Sarah Davis said, “Visitors must realise that walking on thermal features is dangerous, damages the resource, and illegal." Image credit: Getty Images

Travel Trouble

Teen mum faces murder and child cruelty charges

A teenager in the US has been charged with murder and child cruelty after falling asleep in the bath with her 10-month-old son resting on her chest. Anslie Nicole Brantly, 19, was under the influence of drugs when she fell asleep in the bath of her parents’ home in Coweta County, Georgia, police said. The child was found not breathing and cold to the touch, according to Investigator Daniel Smith from the Coweta County Sheriff’s Office. “The baby was in the bathtub with her and was unresponsive when she woke up,” the Coweta County Sheriff’s Office said in a statement. Draiden Shane Nichol was taken to Piedmont Newnan Hospital and later succumbed to his injuries. The little boy was later pronounced dead. Brantley has since been charged with second-degree murder and taken into custody. While executing a search warrant at the home where the child died - which is owned by Brantley’s mother, Kelli Gordon - authorities also found methamphetamine according to the <a rel="noopener" href="https://times-herald.com/news/2021/07/coweta-mom-charged-in-drowning-death-of-infant" target="_blank">Newnan Times-Herald</a>. Gordon was arrested for charges relating to possession of narcotics and remains in the Coweta County Jail on charges unrelated to the child’s death and drug cases. Five of Gordon’s other children have been placed in the custody of welfare officials. Image: Coweta County Sheriff’s Office / Facebook

Legal

Olympic athlete jailed for 25 years

Olympic kayaker and silver medallist Nathan Baggaley has been jailed for 25 years, over an elaborate plot to smuggle more than 500 kilograms of cocaine into Australia in 2018. His brother Dru was handed down a sentence of 28 years’ jail. Both brothers were convicted of attempting to bring in 650 kilograms of white powder (with an estimate of 512 kilograms ro be considered pure cocaine). <img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7842696/nathan-1.jpg" alt="" data-udi="umb://media/465a8cf904c049858f187dae4733fc26" /> Nathan Baggaley, 45. Image: Getty Images A Brisbane Supreme Court jury has found both the brothers guilty over the detailed high-seas plan to import cocaine worth up to $200 million. Defence barrister Mark McCarthy, argued Dru should be handed a 20 year prison sentence, while Nathan’s defence lawyer, Anthony Kimmins, recommended his client should get 14. Justice Ann Lyons handed the brothers their punishment, telling them: “It is clear that I must impose a sentence on both of you which is to punish your drug-related crime in a way which signals plainly to anyone who considers like offending that courts are both able and willing to make it clear that actions of this nature will receive quite substantial penalties.” Justice Lyons said to Nathan: “You could have easily removed it [the boat] from the ability of Dru to use it … you knew full well what was happening, and you went along with it ... You played an essential role, it was one where you were trusted.” To Dru she said: “You did not cooperate with law enforcement officials … you were caught red handed and on film disposing of the cocaine.” A last-ditch bid for leniency by the lawyers defending the brothers failed on May 24. Justice Lyons rejected a last-ditch bid for leniency on May 24, after Dru argued that thought he was picking up tobacco packages. She decided that Nathan knew what the boat he bought was going to be used for. Dru and boat driver Anthony Draper were both arrested on July 31, 2018. <img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7842697/nathan-2.jpg" alt="" data-udi="umb://media/fe801c64b7d54e64bae7ff31460e3de1" /> Dru Baggaley, 39. Image: Supplied NSW law enforcement had to employ a surveillance plane, a navy ship and a RAAF plane, The dramatic chase was ended by a number of specialist heavily armed SERT officers on a Queensland Water Police vessel. Nathan had claimed his brother told him he was buying the boat for a proposed whale-watching business at Byron Bay and that he was unaware of the drug plot. Dru claimed he thought he was going to get packages of tobacco, not cocaine, and alleged he was kidnapped and forced to go on the long voyage.

Legal

University students jailed after finding KFC loophole

A group of Chinese university students have been sentenced to up to two and a half years in jail after they found a loophole to receive AUD $40,000 worth of KFC. The university students from east China’s Jiangsu Province scammed KFC through their mobile apps, <a rel="noopener" href="https://www.globaltimes.cn/page/202105/1223171.shtml" target="_blank">the Global Times reports.</a> The group obtained free KFC meals and made profits by reselling it. In total, the fast food giant had economic losses equating to 200,000 yuan ($40,000). One student discovered that through his WeChat account, he could get meals and coupons without fronting up the money. The young person would sell coupons as well as meals to make a profit. He would also order meals for himself. In the time period between April and October 2018, his dealings led for the company to lose over 58,000 yuan ($11,000). The other students that were part of the elaborate scam had losses that ranged from 8,900 yuan ($1700) to 47,000 yuan ($9400) each. The court ruled the main instigator, whose last name is Xu, would be given a two-and-a-half-year jail sentence, along with a 6000 yuan ($1200) fine. They were charged for “crimes of fraud and imparting criminal methods”. The other four scammers were sentenced from 15 months to two years in jail. They were also fined between 1000 yuan ($200) and 4000 yuan ($800).

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Do parolees really ‘walk free’? Busting common myths about parole

Groom faces serious jail time after $89 million "wedding of the century"