Burglars: Experts or Unorganized Amateurs?

Before we dive headfirst into the real meat of this article, let’s first begin with a bit of background regarding the crimes of burglary and robbery. Otherwise, some of you who use social media sites and/or watching TV news and crime dramas as your main sources of research, may not know that burglary and robbery are not the same. Not even close.

I know, we’ve discussed this topic in the past, in great detail, but sometimes we forget.

Just today, if fact, a major news source published an article titled “British Olympian says medals were stolen from her home in robbery.”

I read the article thinking I’d see where the unfortunate female athlete was held up at gunpoint in her own home while the armed and dangerous bad guys forcibly snatched her precious awards and other items. This would’ve been a robbery. However, it was not a robbery.

The first paragraph tells readers that the distance runner received the news that her home had been ransacked while she was away. The family member who discovered the mess had gone to the house to check on the Olympian’s dog. This act was a burglary.

See the difference between the two crimes? This is yet another example of how the media so often gets it wrong?

So let’s again clear the air about the differences between the two crimes.

Burglary as defined by Black’s Law Dictionary: “The breaking and entering the house of another in the night-time, with intent to commit a felony therein, whether the felony be actually committed or not.”

In Virginia, where I served as law enforcement officer/investigator, the law governing burglary there in the Commonwealth, states:

§ 18.2-89. Burglary; how punished.

If any person break and enter the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, he shall be guilty of burglary, punishable as a Class 3 felony; provided, however, that if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.§ 18.2-90. Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty.

If any person in the nighttime enters without breaking or in the daytime breaks and enters or enters and conceals himself in a dwelling house or an adjoining, occupied outhouse or in the nighttime enters without breaking or at any time breaks and enters or enters and conceals himself in any building permanently affixed to realty, or any ship, vessel or river craft or any railroad car, or any automobile, truck or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, he shall be deemed guilty of statutory burglary, which offense shall be a Class 3 felony. However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

VA Code § 18.2-91

If any person commits any of the acts mentioned in § 18.2-90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, or if any person commits any of the acts mentioned in § 18.2-89 or § 18.2-90 with intent to commit assault and battery, he shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

§ 18.2-92. Breaking and entering dwelling house with intent to commit other misdemeanor.

If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

Clear as mud, right?

Notice that I highlighted a brief portion of a sentence in red, and three specific words in blue—“with intent to commit larceny or any felony other than murder, rape, robbery or arson …” I did so to emphasize that robbery is not a portion of, or related to the basic crime of burglary. It is a separate offense.

Burglary and Robbery are not the same!

Okay, still confused when I say that robbery and burglary are not the same crime? You ask, how could this be the case when sooooooooo many TV news reports and fictional television shows time and time again tell us that “Ms. or Mr. Crime Victim’s” house was robbed?

Sit back and clear your mind for a second.

We learned just a few lines back that burglary involves the breaking and entering the house of another, and only a burglar, or burglars, are involved. No forcible taking an item or items from a victim.

Now, on to robbery.

Black’s Law definition of robbery.

“Robbery is the felonious taking of personal property In the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Pen. Code Cal.”

Traveling back to Virginia, we see that robbery there is:

Virginia Code § 18.2-58. How punished.
If any person commit robbery by partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he shall be guilty of a felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.In short, robbery is the taking of property by one person from another, by violence, threat, or fear.A robbery could occur anywhere—a street, sidewalk, park, bus, your yard, your neighbor’s yard, a shopping mall, a convenience store, a church and, well, anywhere. And it must involve at least two people—a robber and a victim, or victims.

A burglary, however, occurs only at a building and the victims are typically not present when the crime occurs. If so, they’re usually unaware that their homes have been burgled until after the bad guy is gone. For example, you and your spouse are out for the evening when Joe I. Stealem goes inside your home and swipes a carton of orange juice from your refrigerator. That’s burglary.

However, suppose you and your spouse are walking home from the corner market. You’re clutching a bag containing the carton of orange juice you’d just purchased. As you round the final corner, Ricky Robber approaches and points a gun at you, demanding that you hand over the juice. You comply and Ricky runs away. That’s a robbery because Ricky Robber used threat, fear, and/or intimidation to force you to hand over the orange squeezings.

Most Crime is Not Rocket Science

I believe most of us would agree that many everyday street-type criminals lead somewhat unorganized lives. And, typically, many are not well-educated, their family lives are atypical at best, they couldn’t find work if they wanted to due to low or nonexistent skill levels and/or little or no work history, and they’re often substance abusers who go about their day-to-day activities, labors that consist mainly of planning their next caper, one that’ll reap whatever reward that will get them high once again. Others live in poverty and it is crime that serves to place meager amounts of food into the bellies of their family members. After all, desperate people sometimes do desperate things.

Of course, some types of crime involves a higher level of intelligence, brainpower that generates intricate, detailed planning and execution (no gory pun intended).

Now, let’s head back to the beginning paragraphs of this article, the bits about burglary. This particular crime is typically committed by both types of crook—the chaotic criminal who kicks in the nearest backdoor to steal whatever nets enough cash to get by until the next day, or until he stumbles across an unlocked window to make a quick grab of a purse seen sitting on a chair-side table.

Next, there’s the expert burglar who plans his crime in advance, perhaps by conducting surveillance for days or weeks prior to committing the actual offense. They’re after the big payoff. The real loot.

The expert crook knows what he’s after long before he enters someone’s property, and he’s pretty sure he knows where it be located and what time is best to make his move. This burglar also has backup plans in the event something doesn’t go quite as they’d expected, as well as pre-planned escape routes and methods to get away. And, most likely, he knows his customer base well in advance (who will purchase the stolen items).

The professional thief practices his craft much like the police academy recruit, by repetition. He trains over and over again so that when the time comes, if it does, that he encounters trouble he will react instinctively to the hurdle before him. They rarely leave behind incriminating evidence such as fingerprints and/or footprints. Nor do they often make other dumb mistakes.

Keep in mind though, Locard’s Exchange Principle, “that every time you make contact with another person, place, or thing, it results in an exchange of physical materials.” In other words, whenever someone enters a place they leave something behind, and when they leave the area they always take something away. This could be something as tiny as a human hair or speck of pollen, but it’s something. All the investigator need do is to locate it. Small bits of soil, for example, once helped me solve a convoluted murder case.

Professional burglars are always looking for good “business” opportunities, and when they find one they weigh the risks as opposed to the rewards. If the risk is too high they’ll move on, because there’s always another fish in the sea. Always.

The day-to-day, opportunistic burglar doesn’t worry much at all about risks. Of course, they’d prefer to not be caught. But hey, why not live in the moment and worry later about tomorrow? That’s the motto of many.

Experts Go For the Gold!

Expert burglars know which rooms in the typical residence will reap the biggest, easy to carry reward at a faster “in-and-out” time, such as a master bedroom where jewelry is often found. The haphazard, unorganized burglar heads for the family room to grab big, bulky televisions and game consoles.

Professional burglars also search for things that could be used for identity theft, such as passports. The chaotic crook may take a credit card, but their train of thought leads them to a big box store to purchase a TV or two, a phone, and maybe a pair or two of tennis shoes. They usually toss the card afterward. Then they’ll trade or sell or trade the stolen merchandise in exchange for cash, drugs, or food. Except the shoes. They’re a status symbol.

Writers such as Lawrence Block capture the two types of burglars quite nicely. Block’s character, burglar Bernie Rhodenbarr, is a perfect, textbook example of the professional burglar. The author’s writings nicely depict the mindset of a true expert criminal whose interests closely mimic that of a real-life expert burglar.

How about you? Do you have a favorite fictional burglar? Perhaps a real-life expert burglar comes to mind?

Me? Well, investigating cases where a criminal utilized “the little gray cells” were sort of fun and challenging—stimulating my own little gray cells—because they kept me on my toes.

~

“It is the brain, the little gray cells on which one must rely. One must seek the truth within–not without.” ~ Poirot” (Agatha Christie)

 

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Looking for a Roommate for WPA MurderCon?

We’ve had requests from folks who’re hoping to share hotel rooms at the 2019 Writers’ Police Academy’s exciting new event, MurderCon. If you are interested in doing so, please post your roommate preference (male or female)in the comment section below.

By the way, slots are available to attend MurderCon. We’ve made extra room and, we’ve increased the room block at our event hotel.

Sign up today to attend this rare, one-of-a-kind, hands-on training event taking place at the headquarters of Sirchie, the global leader in crime scene products and technology. This year our sole focus is homicide investigations.

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Flying Cops and Their Guns: Write it Right!

The last time you traveled by air, was it possible you were seated beside someone who had a pistol hidden somewhere beneath their jacket, other than an air marshal?

Before you burn away too many brains cells pondering the question, I’ll answer it for you. Yes, it is indeed possible that a passenger on your flight, in spite of the tough safety checks implemented by security, was carrying a loaded firearm.

This is so because the law permits certain law enforcement officers, other than air marshals, to carry their fully-loaded sidearms even while on typical, everyday flights.

Writers Want to Know

Are cops allowed to carry their weapons on airplanes? I’ve seen this question asked by writers, time and time again on various sites and Q&A groups, and I often see tons of those questions go unanswered, or worse still, answered incorrectly. So let’s set the record straight, today.

First of all, simply carrying a badge and police ID does not automatically grant an officer permission to “carry” while onboard a passenger aircraft. Certain conditions must be met before getting to that stage, and those conditions, set by the TSA, are extremely strict.

The mandatory conditions are spelled out in black and white in a document called the Law Enforcement Officers Flying Armed initiative. Of course, the document being official government paperwork, comes with an acronym all its own—LEOFA.

To receive approval to fly armed, the individual must:

  1. Be a government agency employee whose duties require and authorize them to carry a weapon.
  2. Be a sworn officer whose duties are to enforce criminal or immigration laws.
  3. Be a full-time and sworn, federal, state, county, municipal, or tribal officer. The officer must be a direct agency employee, not a volunteer, etc.
  4. Satisfactorily complete the LEOFA training course offered by the TSA.
  5. The officer’s agency must show a need for the officer to fly armed, such as transporting a prisoner, conducting dangerous surveillance (the person being surveilled is traveling on the plane, etc.), or that the officer must be ready for action the moment the plane lands.

Like everyone else who’s legally allowed to possess firearms, officers traveling for pleasure may transport firearms on airplanes simply by storing them (unloaded) in locked, hard-sided containers, and then declare those weapons at the ticket counter. Firearms may NOT be transported in carry-on luggage.

Travel Across State Lines with Concealed Firearms

The Law Enforcement Officers Safety Act (yes, another acronym—LEOSA) states that qualified active-duty and retired officers may carry concealed weapons, without special permit, in any U.S. state. This is regardless of any state law.

There are restrictions, though, and they are:

  1. The officer must be authorized by their agency to carry a firearm.
  2. The officer must not be under the influence of alcohol or any type of drug at any time while in possession of the firearm.
  3. Officers must qualify (at the range) to carry the weapon in their possession.
  4. Must not be involved in any disciplinary conditions that could result in the loss of their police powers.
  5. Must not be prohibited by federal law to carry a firearm.

Special Requirements for Retired Officers 

  1. Must have served at least 10 years of service prior to retirement.
  2. Must have left their department in good standing.
  3. Must not have been deemed unfit to carry a firearm (mental health issues/diagnosis).
  4. Must qualify with the firearm at the firing range within the past 12 months. Qualifying = meets the minimum standards set by their home state and/or agency.

In addition to the above, each officer, or retired officer, must carry a special photo ID with them at all times when possessing a firearm. The ID must certify that they’ve met all minimum standards set above.

*Source – National Sheriffs’ Association

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MurderCon: Interrogating LAPD Detective Paul Bishop

Novelist, screenwriter, and television personality, Paul Bishop is a nationally recognized behaviorist and expert in deception detection. He spent 35 years with the Los Angeles Police Department where his high-profile Special Assault Units regularly produced the highest number of detective initiated arrests and highest crime clearance rates in the city. Twice selected as LAPD’s Detective of the Year, he currently conducts law enforcement related seminars for city, state, and private agencies. Paul has written numerous scripts for episodic television and is the author of fifteen novels, including the award-winning Lie Catchers and five books in his LAPD Homicide Detective Fey Croaker series.

 

Q. What’s the most common mistake made in books, movies or TV regarding interview & interrogation techniques?

A. Where to start … They do so much wrong. How about the most egregious and most common misconception- good cop, bad cop. You’ve seen it enacted over and over on every TV cop show ad infinitum. One detective is the out of control violent bad cop while his partner is the sympathetic good cop who is trying to help the suspect. However, the good cop can only control the rabid bad cop if the suspect confesses or gives up whatever information he’s hiding.

This is a straight-up violation of an individual’s 5th Amendment right against compelled self-incrimination. Not only would any evidence or admissions obtained through this method be thrown out of court, the cops who participated would themselves be arrested, prosecuted, and sent to jail for civil rights violations.

 

Q. What is your favorite method of interrogation? What works best for you?

A. Interrogation is a very intimate art, so when you see fictional TV cops, or even real cops on shows like 48 Hours, sitting on the opposite side of the interrogation room table from the suspect, you have to ask how the interaction between the suspect and the detective be construed as intimate.

I’m different, very low key. I rarely raise my voice in an interrogation, but I do vary the tone and intonation of my voice depending on what I’m trying to achieve.

I also rarely conduct interrogations in the classic interrogation room, as the room itself carries so much negative baggage. I’ll chose where to interrogate a suspect (house, work, a park, Starbucks) based on what I’m trying to achieve. If I do use the interrogation room, I have the table removed and I sit directly across from the suspect, operating in the zero to twelve-inch personal zone we reserve for those people we are most intimate with. I have a relatively short period of time to get a suspect to tell me their deepest darkest secrets, things that can get them sent to jail for a very long time. You are not going to tell those things to somebody you aren’t in an intimate relationship with, so I have to establish a believable false intimacy in order to coax out the truth.

 

Q. Are interrogation methods, such as the Reid Technique, susceptible to eliciting false confessions?

A. While the Reid Technique is an accusatory, confrontational process it isn’t any more prone to eliciting false confessions than any other legal technique. The biggest factor in false confessions is fatigue. In over 90% of cases where false confessions have been obtained, the interrogations have lasted over 10 hours-fatigue sets in on both the interrogator and the subject and mistakes get made. There are however, numerous ways to avoid false confessions and bulletproof your interrogation.

 

Q. Why is it important that writers learn proper interrogation methods?

A. Because being able to capture the essence of a real interrogation can be a hugely dramatic process that can deepen character, motivation, and story exponentially. Interrogation strips down the facades, and a writer who understands the process and how it works can make the scenes riveting.

 

Q. Can anyone be trained to be an effective interrogator or are certain inherent personality traits and talents essential for success?

A. I can teach anyone who is interested to be a skilled interrogator. Good interrogators take those skills and apply their own inherent personality in how they use them. Great interrogators, however, have to make a choice, because greatness involves empathy and that is a dark and dangerous path to tread, especially when it leads to the truth.

 

Q. Are any of the characters in your novels created in your own image?

A. Almost all my main characters have some part of me in them. It’s what I use to bring them alive. In my latest book, Lie Catchers, there is a great deal of me in both interrogators, Ray Pagan and Jane Randall, but there are also those things the characters channel through the creative process.

 

Q. Given your background, what is the hardest part of authoring a work of fiction?

A. The same as any other writer-putting my butt in the chair every day and coaxing words out of a cold, unfriendly keyboard.

 

Q. Are there any commonalities between the challenges an interrogator faces and those an author faces?

A. To be successful both involve getting to the truth. The truth is a movable point. It is always about perspective. As an interrogator, I will never get The Truth, but I must try to get as objectively close as I can even if I don’t like it. As a writer, I strive for a different type of truth-I want the truth in a correct sequence of words, I want truth of character and motivations, I want to expose the truth of our world and in our lives through the window of fictional truth. I write fiction. My job is to entertain, but my goal is to make readers think. If a reader can find the truth of themselves and their real-world challenges in my world of fictional truths, hopefully they will come away being both entertained and, perhaps, understanding themselves better.

* Interview conducted by author Linda Lovely, Writers’ Police Academy/MurderCon coordinator. LindaLovely.com

 

‘Truth or Lies: The Art of Interrogation’ to be presented by master interrogator Paul Bishop at …

Do you know the truth when you hear it or see it? Join nationally recognized behaviorist, interrogation expert, and experience LAPD detective Paul Bishop as he guides you into the intimate world of interrogation—where success or failure is determined before the first question is asked.

Understand the psychology of deception; what constitutes a successful interrogation; how an interrogator controls and uses a suspect’s vocal cues and physical gestures to determine truth from lies; how false confessions are avoided; how to build rapport; how interrogators deal with multiple suspects, gang members, and other hardcore suspects. Discover how these techniques can be applied in your everyday life when dealing with salesmen, difficult co-workers, or even family members. Know the ‘truth’ when you hear it and see it—and what to do once you know it.

Sign up today to reserve your spot!

MurderCon

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Deadly Plastic: Printing 3D Guns

3D-printed guns, firearms made from plastic, using 3D printers, can be fashioned in such a manner that they’re undetectable by typical metal detecting technology. Obviously, such guns pose a serious threat to law enforcement’s ability to keep dangerous weapons out of the hands of criminals.

Some people who make these firearms include the proper metal parts to meet federally mandated requirements. They do so to comply with a federal ban on weapons that aren’t revealed by metal detectors.

Unfortunately, there are many people out there who bypass federal laws and produce 3D guns that will certainly be used to commit crimes. This is especially so for people who are unable to purchase firearms legally.

This type of weapon, the guns that can potentially go undetected by metal detectors, could be carried into high security areas, causing a nightmare scenario for travel security personnel, such as TSA, courtrooms, jails, etc.

The nightmare continues for investigators who’re working to solve homicide cases, robberies, assaults with deadly weapons. I say this because the 3D-printed, plastic firearms bear no traceable serial numbers. And, yes, plastic bullets are available for use in these guns.

I believe it was sometime in 2013 when blueprints for 3D firearms began to appear on the internet. The first 3D gun was named the “Liberator,” and blueprints for it were posted online. Within  a period of just two days, those plans were downloaded over 100,000 times.

The U.S. State Department soon contacted the gun-smithing group responsible for posting the plans, Defense Distributed Company, to request that they remove the blueprints from the internet. The company complied, however, the information was out and  was still made available through pirate-type sites.

For example, Ivan the Troll, the informal spokesman of an underground group of 3D-printing gunsmiths, told Jake Hanrahan of the website WIRED, that “he knows of at least 100 people who are actively developing 3D-printed gun technology, and he claims there are thousands taking part in the network. This loose-knit community spans across the whole world.”(Quote from a  Wired article titled 3D-printed guns are back, and this time they are unstoppable).

Ivan has recorded and posted online several videos showing how to make/print/assemble these illegal 3D firearms. However, YouTube, Facebook, and other social media sites remove them practically as fast as they go live. Still, sites still exist where those videos may be viewed, and they show and explain precisely how to make an illegal 3D printed firearm. For obvious reasons, I choose to not post the links. But they’re easy to locate. These “how-to” videos make it extremely easy for criminals to make their own untraceable firearms.

Fortunately, reputable companies and top scientists have evaluated the differences between 3D-printed guns and conventional firearms and then used a technique of analytical mass spectrometry to identify the various types polymers found in 3D-printed gun evidence.

Next, they created a reference library/database of the various polymer samples for future comparison of polymer samples found at crime scenes to found 3D firearms and to other locations where they polymer traces may be located. They could possibly be traced back to the source of fabrication.

A new technique, direct analysis in real time (DART), is available to detect and identify a large number of compounds found in Gun Shot Residue (GSR). DRT uses mass spectrometry to conduct analysis in real time. The process detects and identifies traces of polymer and GSR compounds on the bullets, casings, and in the GSR collected from the clothing of victims and suspects.

In short, in addition to investigators collecting and testing the usual GSR found at crime scenes, on a victim’s body and clothing, and on the clothing and hands of suspected shooters, CSIs and detectives should also search for material such as the polymers of various types and colors—ABS, PLA, PETG, and CPE.

Homemade firing pins are not the standard type and/or material found in traditional firearms. Those made in a basement workshop range from drill bit blanks of machined 1/800 steel, to the shafts of roofing nails. The machining of firing pins can easily be accomplished using using a simple Dremel tool purchased from a neighborhood hardware or big box store, or from online outlets such as Amazon, Walmart, Target, etc.

ATF Q&A Regarding 3D Printed Guns

Is a firearm illegal if it is made of plastic?

It is unlawful for any person to produce a firearm as proscribed in 18 U.S.C. 922(p).

“It shall be unlawful for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm—

(A) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or

(B) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component.”

What does “any other weapon” mean?

The term “any other weapon” means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

If an individual makes an item that falls into the “any other weapon” category, is that individual required to register the item?

Yes, an “any other weapon” category is an NFA classification which requires an individual to register the item with ATF.

How does one apply for a license?

The applicant must submit ATF Form 7(5310.12)/7CR(5310.16), Application for Federal Firearms License, with the appropriate fee, in accordance with the instructions on the form to ATF.  This form is for all FFL types, including type 03 Collector of Curios and Relics.  An application packet may be obtained by contacting the ATF Distribution Center.  If you have more than 1 Responsible Person (RP), you must also submit a Supplement to ATF Form 7/7CR, for each additional RP.

Can an individual now manufacture these firearms and sell them?

Any person “engaged in the business” as a manufacturer must obtain a license from ATF.

The term “engaged in the business” means— (A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured.

What is ATF doing to make sure this technology is monitored so it is not used illegally?

ATF makes every effort to keep abreast of novel firearms technology and firearms trafficking schemes.

What is ATF doing in regards to people making their own firearms?

An individual may generally make a firearm for personal use. However, individuals engaged in the business of manufacturing firearms for sale or distribution must be licensed by ATF. Additionally, there are certain restrictions on the making of firearms subject to the National Firearms Act.

What say does ATF have in the technology used to produce firearms?

ATF enforces Federal firearms laws and, currently, these laws do not limit the technology or processes that may be used to produce firearms. However, ATF enforces existing statutes and investigates any cases in which technological advances allow individuals to avoid complying with these laws.

Is ATF aware of the new 3-D printing technology producing firearms?

Yes. ATF routinely collaborates with the firearms industry and law enforcement to monitor new technologies and current manufacturing trends that could potentially impact the safety of the public.

(Above Q&A from atf.gov)

*Note: It is NOT legal for felons or somebody otherwise prohibited from possessing firearms, or  to build their own guns from any material.

*Featured image – FBI.gov

 

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It Stinks to Serve Time in the County Jail … Really, it Does!

Serving Time

Close your eyes for a moment and then allow your imaginations to take you inside the filthiest public restrooms you’ve ever visited. I’ll give you a minute to set the stage.

Are you there?

Okay. Now take a deep breath and let your senses take over, first conjuring up a stench that lingers in places only roaches and vermin dare trod. Combine those odors with the scents of dirty sweat socks and t-shirts, soiled underwear, cooked popcorn, urine, hot tuna, raw onions, and steaming chicken-flavored Top Ramen noodles.

Then add the scent of unwashed human bodies, the flesh of humans who’re allowed to shower only once or twice each week. And some who simply refuse to bathe even when allowed to do so.

Picture living or working where every breath is similar to what I’ve described above. Never a single lungful of fresh air.

Could you drink water from a sink that was used to wash the feet of a man who just finished working on a roadside work crew for eight hours in ninety-degree heat and 100% southern humidity—a sink positioned two feet above a toilet that’s used several times a day by two or three three people, but is sometimes flushed only twice in an eight hour span due to water restrictions imposed upon prisoners who clog their drains in order to flood a cellblock?

How about sleeping in an enclosed six-by-nine concrete box with two other large men who haven’t showered in several days during the hottest time of the year? There’s no ventilation—no windows to open. And the only way in or out is a heavy steel door that’s locked nearly 24/7.

What about sleeping on a hard floor with nothing between you and the grimy concrete surface but an itchy, wool blanket, with roaches, rats, and mice darting from gaps between rusted plumbing and cracked cinderblocks. Dried blood and vomit are the only splashes of color on drab walls.

HGTV it ain’t.

What I’ve just described is a mild description of the experience of serving time in some jails and prisons.

Keep in mind, though, that no two lockup facilities are identical. Conditions in many are far better than what’s seen in others. Some, in fact, are super clean, actually. Many, however, are just like I’ve described in the paragraphs above. Some are worse. Much worse.

But even the cleanest jails and prisons each have that certain, unmistakable “odor” that clings to the linings of your nostrils and then worms its way into deep lung space. That “funk” often comes to rest inside your mind where it’s never forgotten no matter how hard a person tries.

Serving time is no picnic. Even doing time in the nicer, cleaner prisons, especially federal facilities, is no walk in park. And, no matter how often you hear it, there are no “country club” prisons. Although, in the the less restrictive prisons, the federal camps, prisoners have more freedom and privileges. But it’s still prison.

The photos below were taken in one of the cleanest jails I’ve seen. It’s also a very well-run operation. The staff is well-trained, and for the most part, the prisoners seemed to be in good spirits considering their circumstances.

A brief tour of a county jail:

Deputy sheriffs  monitor and control inmate activities and movement from inside a master control room. All doors are operated electronically by the officer seated at the control desk.

Inmate Movement Control

Female dormitory

Some prison dormitories house over one-hundred prisoners in a single room. Many times, a single officer is assigned to supervise the activities of one or more dorm rooms.

Correctional officers day

Jail Library

Books are often donated by local community groups, families of inmates, and even the prisoners themselves.

Jail Library

Cell block

In the photograph below, a deputy sheriff makes his rounds inside a cell block. He’s inside a dayroom that’s occupied by several inmates from morning until lockdown at night. The area outside the windows to the left is beyond the locked cell area. The doors to his right are inmate cell doors. Each morning those doors are opened allowing all inmates into the day room where they play cards, watch TV, eat their meals, and socialize. They return to their cells at night.

At no time is a prisoner allowed back into his cell unless medical staff finds that he/she is ill. Bunks must be made neatly each morning. An illness is the only time when a prisoner is allowed on their bunk during the daytime hours.

Looking out

The image below is of the inside of a steel cell door. The tiny rectangle (appr. 6″ x 12″) is a secure plexiglass window at eye level. Its purpose is to allow officers a view into the cell. It’s an inmate’s only view from inside his cell unless he’s fortunate enough to be housed inside a cell with a window. Otherwise, their only scenery is whatever goes on in the hallway outside their cell.

Many dreams and fantasies of life on the outside begin at this very spot. The door across the hall below is that of another inmate’s cell. The checkered grate at the top of the picture is the only source of ventilation in the cell. It’s also a means for the jail staff to communicate with the prisoner. Jail doors are heavily insulated to retard fires and noise.

 Overcrowding is a huge problem in jails and prisons. This jail was forced to hang metal beds from the hallway walls when their cells reached capacity – three men in each two-man cell.

Just as I clicked off this shot, a group of deputies ran past to quell a disturbance in area I’d just left. The problem—an inmate was having an anxiety attack from being in such tight quarters. He’d become quite violent and was tossing things around.  His troubles reminded me of how much I appreciate the little things—trees, flowers, family, home-cooked meals, wine, and flushing my own darn toilet whenever I want.

I looked into the eyes of a serial killer

Visiting Room

Prisoners are brought to these small rooms where they “visit” with family members seated on the opposite side of the window. The family’s room is a mirror image of the inmate’s visiting room.

visiting room

 

 

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Entrapment: Inducement is the Key Word

I’ve heard the word entrapment spoken to or shouted at officers, including me, at least a thousand times over the years, especially when undercover ops came to a close and the bad guys discovered the true identity of a person, an undercover police officer, they’d admitted to their inner circle. That it was the undercover agent to whom they’d spilled their deepest secrets. And it was the sneaky cop to whom they’d trusted enough to sell mounds of illegal goods such as cocaine and/or guns. Those officers who, while during the course of their assignments, concealed their identities to infiltrate criminal enterprises.

And it doesn’t stop there, with undercover operations. No, not at all. I’ve had the word tossed at me during traffic stops and during investigations of murders, burglaries, white collar crimes, and even B&Es.

Entrapment is often a go-to word when a bad guy is caught with his hand in the cookie jar. It’s almost as if some people think it’s a “get out of jail free” card.

So what exactly is entrapment?

For starters, it’s more than simple trickery, such as when undercover cops grow long hair and beards, and wear jeans, t-shirts, and tennis shoes as part of a disguise so that they’ll fit in with a certain crowd. Or, when a female officer wears a tight, short skirt and 10-inch heels while parading along sidewalks pretending to be a hooker who’s fishing for “customers.”

A person is “entrapped” when he is persuaded by police, or their agents—someone acting on their behalf, such as an informant—to commit a crime that he had no previous intention of carrying out. In simpler terms, the officer or agent of the police convinced the person to commit a crime he otherwise would not have committed. Cops may not plant the “commit the crime seed” into the mind of an innocent person.

A defendant who is the victim of entrapment may not be convicted of the crime.

The DOJ – Entrapment

The Department of Justice details entrapment as …

“Entrapment is a complete defense to a criminal charge, on the theory that ‘Government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute.’ Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant’s lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.

Inducement is the threshold issue in the entrapment defense. Mere solicitation to commit a crime is not inducement. Sorrells v. United States, 287 U.S. 435, 451 (1932).”

Solicitation of a Crime is NOT Entrapment!

It’s perfectly legal for police officers to pretend to be someone they’re not in order to get to the bottom of a criminal case. For example, the undercover officer who pretends to be a an arms dealer who requests to purchase illegal firearms from a suspected criminal.

It is not entrapment when a person is ready and willing to commit a crime when approached by an officer, undercover or not.

The mere providing of an opportunity to commit a crime is not entrapment. In order to find entrapment, there must be persuasion to commit a crime by the entrapping party.

Entrapment is a legitimate defense. However, the burden of proof is squarely on the shoulders of the defendant. To claim inducement, a defendant must prove that police conduct absolutely created a situation where a law-abiding citizen (the defendant) would commit an offense. The defendant must prove to the court that he was unjustly persuaded, coerced, threatened, and/or harassed into a situation where he committed the crime for which he was charged.

Again, an undercover officer who merely approaches someone to ask if they’d be willing to sell the officer a quantity of drugs, and they do, this is not entrapment. The officer in no way unjustly persuaded, coerced threatened, and/or harassed the subject. Instead, he asked for a product and the subject delivered the goods.

For example, the case of Officer Ima Agent and cocaine seller Willie Deal:

Officer Ima Agent, dressed in jeans, a Grateful Dead t-shirt, and scuffed, red Chuck Taylors, sees Willie Deal, a suspected drug runner, standing on a street corner. She sees Deal make several exchanges with people—cash for small, pebble-shaped pieces of aluminum foil. So she approaches Deal and their conversation goes something like this.

“What’s up?” says Agent.

Deal gives the female undercover cop a head to toe once over. “Just chillin’. Know what I’m sayin’, Shorty?”

“I’m in town for the weekend visiting my boyfriend. He’s in the county lockup and one of his friends, Joe Blow, said I might be able to hook up around here. He point me in the right direction?”

“Depends, Shorty. Whatcha’ looking for?”

“Just a rock or two. All I got is thirty bucks, though.”

Deal gives her another look. Thinks for a minute. Looks around. Another look. “Okay, Shorty. Let me see the thirty and see what I can do.”

Officer Agent shows Deal a crumpled ten and twenty (undercover cops always wrinkle “buy money.)” New bills are dead giveaways to bad guys, that they’re dealing with a rookie undercover cop.

Deal produces two small foil-wrapped packages. Agent opens one to inspect the goods and determines that it is indeed crack cocaine. Then she signals to her partners with a quick a scratch to the right side of her head, the sign to move in to make the bust.

The scenario between Agent and Deal is a legal arrest. No entrapment.

Deal was absolutely ready and willing to sell drugs. Agent in no way unjustly persuaded, coerced, or threatened Deal to sell her the drugs.

 

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Exonerations and Complications: The Evil Side of DNA Evidence

In the days before DNA testing became available for use in criminal cases, cops, prosecutors, judges, and juries relied on other physical evidence to send bad guys to jail—fingerprints and footprints, soil, glass fragments, trace evidence, etc. Those things along with confessions and eyewitness testimony were the building blocks used to convict the guilty.

Then, when DNA arrived on the scene, well, it soon became apparent that somehow officials had made a few boo-boos along the way and had sent more than a handful of innocent men and women to jail for crimes they didn’t commit. DNA testing of old evidence, in fact, exonerated people like our friend Ray Krone who served ten years in prison, three of which were on death row, for a murder he didn’t and couldn’t have committed.

Ray as an inmate at Arizona State Prison in Yuma

Ray Krone could’ve easily been eliminated as a suspect had DNA testing been conducted at the time of the investigation. Instead, his conviction was based on bite mark evidence, a test/examination/comparison method that’s been found to be unreliable.

DNA test results were used in court cases as early as the mid 1980s. Ray was convicted in the early 90s, without the benefit of DNA testing, a simple test that would have prevented him from serving time in prison as an honest, clean-handed man.

Nowadays, to weed out the innocent, DNA testing is routinely performed in the early stages of criminal investigations. And it helps … some. The use of DNA tests in post-conviction cases and appeals sometimes leads to exonerations, such as, for example, Ray Krone’s release from prison.

Electropherogram – a chart produced by testing equipment after DNA sequencing is completed.

Unfortunately, and what most members of juries do not understand, is that during a typical criminal investigation, in only about 10-20 percent of all cases do cops find testable biological evidence. In spite of this low percentage, some juries still expect a case to hinge on DNA results. However, without something to test, of course, there’ll be no electropherograms pointing to a specific suspect.

Sometimes, even with the presence of DNA, those results are not always definitive.

Electropheragram showing tested DNA of two subjects, and a mixture of DNA collected from a victim. Results showing a mixture make it difficult to point to any one suspect.

But let’s go back to the 10-20 percent figure, the number of cases where testable biological evidence is located and collected by investigators and then subsequently tested by laboratory scientists and other experts.

At the upper end, the 20 percent range, that leaves 80 percent of all criminal cases that are solved by using other means of crime-solving, such as the aforementioned fingerprints and footprints, soil, glass fragments, trace evidence and, of course, detectives going about the business of good old-fashioned door-knocking and talking to people. The combination of the physical evidence and confessions and eyewitness testimony is what leads to the majority of criminal convictions.

Sadly and dismally disastrous, without mostly foolproof scientifically tested evidence, courts must rely on human testimony, humans whose memories often fluctuate. Police investigators who enter a crime scene with a serious and dreaded case of tunnel vision. Prosecutors who do the same once the already skewed/tunnel-vision-tainted, unreliable witness’ flawed statement evidence is presented to them,

Overworked and underpaid public defenders aren’t always up to date on current scientific practices and the laws governing them. Those same attorneys carry heavy caseloads which stretches their time to a breaking point so thin that they can’t possibly devote the amount of time needed to decently defend their appointed clients. Their budgets are minimal, meaning expensive testing and other necessities for their clients’ defenses are practically nonexistent.

Post-conviction procedures (motion for new trials, ineffective assistance of council, appeals to address the lack of scientific testing to prove innocence) are a huge uphill climb for people who’ve been incarcerated. This is especially so for the poor.

Those of meager means often have no alternative other than to wade through prison law libraries, hoping to make sense of the legal jargon that fits their situation. They sometimes employ a jailhouse lawyer to help, paying for his services by whatever means available—cleaning his cell, cooking meals, shining shoes, and even purchasing items for them from the commissary, or having family members on the outside send money to the amateur legal eagle.

The wealthy, of course, have outside resources to help with the filing of necessary paperwork. But there’s sometimes a bad egg in this bunch, such as the high-priced, fancy-smancy defense attorney I overheard telling his client who’d just received 37 months in federal prison for possessing crack cocaine worth little more than $100, that for an additional $25,000 he could arrange to have him serve less time on home confinement. That’s fair, right?

And, there’s the Innocence Project who helps the wrongly convicted.

Aside from the obvious, there’s a real problem with the aftermath that’s sure to arise after retroactively clearing prisoners of their crimes based on DNA evidence.

Yes, when all the dust settles after all the men and women who’ve been wrongfully convicted and then cleared by the use of DNA evidence are out of prison with their recoreds expunged and their names cleared, there will still be hundreds if not thousands of people still behind bars because their convictions were based on the bad memory of a witness, a cop or prosecutor with tunnel vision, being in the wrong place at the wrong time, a mistake made at the lab during evidence analysis (mislabel an item, etc., tainted evidence, such as the accidental transfer of a fingerprint or even DNA evidence).

Someday soon there will be a false sense that DNA has cleared ALL the innocent people, leaving  those behind who  surely must be guilty of their crimes because there was no scientific evidence to prove otherwise. But we know this can’t be so. Why not? Because of human error.

Yes, it is indeed possible to transfer a fingerprint, even accidentally.

Tertiary DNA Transfer

It’s possible that DNA can be accidentally transferred from one object to another. A good example could be the killer who shares an apartment with an unsuspecting friend. He returns home after murdering someone and then tosses his blood-spatter-covered shirt into the washer along with his roommate’s clothing. The machine churns and spins through its wash cycles, an action that spreads the victim’s DNA throughout the load. Police later serve a search warrant on the home, seize the clothing, and discover the victim’s DNA on the roommate’s jeans. The innocent roommate is arrested for murder.

The list of human error possibilities is extremely long and, unfortunately, there’s no magic DNA bullet to help clear the innocent folks convicted based on an accident. Their battles are practically hopeless. Laws and courts make it nearly impossible for people already serving time to have a judge revisit their cases.

Odds are, that hopelessness follows a few of the condemned all the way to the execution chamber, where it is indeed conceivable that an innocent man could be, and most likely has been, put to death.

And, well, I suppose it’s possible that given the right/wrong circumstances, anyone, even you, could find themselves behind bars for a crime they didn’t commit.

 

 

 

 

 

 

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The 38th Parallel, President Kennedy, My Uncle, SpongeBob, and … Rice!

The 38th parallel, where perhaps 1 million soldiers faced each other across an area boobytrapped with over a million land mines, was the line drawn in the sand during the Korean War. Cross it and a soldier could quickly die in a hail of bullets.

My uncle, Pete, was there in the 1950s, stationed just across the 38th parallel. And during his entire 26-year career in the U.S. Army, the time he served in Korea was possibly one of the worst times of his life. More on this in a moment.

Now, after turning 82 just last month, my uncle is in a Philadelphia hospital where doctors recently performed emergency surgery on his already weak heart. When I left the hospital last Thursday, well, things looked pretty grim. He hadn’t been awake since surgery the previous Monday, and his vital signs were diminishing, along with the function of his kidneys which were heading into a slow downward spiral.

Denene and I traveled back to Philadelphia last Saturday morning, just two days after the doctors’ pessimistic opinions regarding recovery, we found him sitting up in bed chatting with a neurologist. No ventilator, no more blood transfusions, no mechanically-forced inflation of his lungs, etc.

He was fully conscious and alert, and extremely hungry. So the nurse ordered him a solid and nutritious lunch.

His kidney functions were back to nearly normal. Heart rate and blood pressure were absolutely fine. Although, he was was experiencing a bit of numbness along his right side, possibly caused by compression of fluid on a nerve in the neck. Other than that, though, he was doing well, considering.

Actually, he was feeling well enough to be frantically searching the TV for his favorite show, SpongeBob (Don’t ask me). SpongeBob, golf, Jeopardy, and The Wheel of Fortune. Those are his “can’t miss” programs.

After having no luck with the TV our conversation turned to the days “back when,” and the topic of Korea came up. He told us about standing guard at night, hearing the enemy soldiers just across “the line” yelling, firing their weapons, and banging on things, an effort to prevent sleep for our soldiers. Then, suddenly, seemingly out of nowhere, groups of them charged across the line, firing their rifles and pistols in short bursts aimed at the U.S. soldiers. Then they’d run back from where they came. This occurred night after night after night.

He told of having very little to eat except rice. Rice, rice, rice, and more rice. After he left Korea he swore he’d never touch rice again. Just the thought of it turns his stomach.

He recalled nights when soldiers were forced to burn drums of alcohol to keep warm during -60 degree temperatures. They’d remain huddled around those barrels, moving away only to start the tanks every thirty minutes to prevent the grease in the gun turrets from freezing solid. If that happened the tanks would only fire once since the frozen grease would prevent recoil of the tanks’ gun barrels.

He told war tales that would curl the toughest and straightest of toes. Then he switched to stories about other assignments around the world, from different bases where he was stationed throughout his career. His favorites were in Germany and a long term serving at the Pentagon in Washington D.C.

Back then, he said, D.C. was a fun city and his job at the Pentagon was quite rewarding.

On January 20, 1961, Uncle Pete was one of the sixteen thousand U.S. soldiers who marched along Pennsylvania Avenue in President John F. Kennedy’s inaugural parade. It was a proud moment for him when he passed the reviewing stand, seeing out of the corner of his eye, President Kennedy; First Lady Jacqueline Kennedy; the President’s parents Rose Kennedy and Joseph P. Kennedy Sr.; Vice President Lyndon B. Johnson; and Lady Bird Johnson and other dignitaries. He also received an invitation to the president’s inaugural ball. This was a high point in my uncle’s life.

But there were times when things in Washington weren’t so rosy.

In November of 1963, Uncle Pete again marched as a soldier along D.C. streets for President Kennedy. This time, though, the march was for President Kennedy’s funeral procession after he was assassinated.

My uncle has seen and done a lot in his day. He’s been “there” when times were tough, and he’s been practically on top of the world.  He’s a fighter. Always has been.

Today, Uncle Pete is receiving physical therapy to help him walk again, and to help regain the use of the muscles on his his right side. He’s very weak but his spirits are high and he grows stronger each day. He thanks you for your prayers and well-wishes, as do I.

*Remember, I said my uncle’s appetite is back and he’s now allowed solid food and that the nurse ordered him a nice hot lunch? Guess what they brought him … turkey, and a steaming mound of RICE!

Needless to say, he sent it back untouched.

 

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The Heroes of Friday, This Time, Include You!

Most of you know that we’ve been busy for the past two weeks since our daughter and her family were left homeless and without belongings after a devastating house fire. Once they were settled into suitable shelter and after they were able to purchase a few articles of clothing and other basic needs (thanks to your generous contributions and support), Denene and I headed home.

Along the way north we learned that my uncle, the last remaining uncle on my mother’s side of the family, was rushed to a hospital where he was to undergo emergency heart surgery. The first hospital was not adequately suited to perform the surgery so he was transported by ambulance to a hospital in Delaware, just a few miles from our house. Of course, we were in North Carolina at the time, dealing with the fire situation.

Unfortunately, as the surgical team started the tedious operation, they quickly learned that they, too, were not equipped to handle such a delicate procedure as the one before them. Therefore, once he was again stabilized they rushed him to a hospital in Philadelphia. This hospital, Hospital of the University of Pennsylvania, is said to be one of the best in the country for the type of procedure needed for my uncle.

We arrived home late at night/early morning from the trip to Ellen’s, and the next morning I was off to Philadelphia where I sat for several hours, making the usual nervous small talk with my aunt and cousin—the stuff people babble about while waiting and hoping for encouraging words from surgeons.

During our wait a paramedic flight team rushed a patient down the hallway directly in front of where we sat. The two EMS professionals were surrounded by a gaggle of police officers, both uniformed and several others wearing plainclothes. Then came family members of the patient.

I told my aunt that the mere presence of so many police officers could only mean a few things. One: The patient was a dangerous criminal who needed lots of security. Two: He was a witness to a terrible crime and needed lots of security. Three: An important public figure and needed lots of security. Four: The patient was a police officer who’d been injured or fallen seriously ill while in the line of duty.

Before long, the hallway filled with even more police officers—motorcycle cops, K-9 officers, patrol officers, detectives, supervisors, and, well, you name it and they were there, and all with wrinkled brows, a serious and intense lack of smiles, and the absence of the usual cop-type joke-cracking and hospital humor. Had to be an injured police officer. No doubt about it.

While anxiously awaiting news about my uncle, a man walked over and sat in the empty chair beside me. He nervously twisted and intertwined his fingers, stopping occasionally to rub a hand over the fingers of the opposite hand and then after a moment or two switched to rub the fingers of the other hand, and then back to the finger twisting. His brow was deeply furrowed and he glanced around the room, obviously focusing on nothing in particular. I’d been there before, in that same mental state, when Ellen was undergoing cancer surgeries and when my parents and grandparents were nearing the ends of their lives. His heart-shattering, emotional pain was almost palpable.

He soon turned to me, a stranger, and said, “My son is a police detective and he and a couple of his coworkers were knocking on a door to speak with someone about a case when he suddenly collapsed. It’s his heart.”

Needing to talk to someone, anyone, he went on to explain how the other detectives did all the right things and, as a result of what was later learned to be a major cardiac event, the young detective, a man half my uncles age, was flown to the same Philadelphia hospital where he underwent the same procedure as did my uncle.

Both operations were performed at the same time, in separate operating rooms.

The anxious father and I chatted for several minutes, with he asking about my former career and I about the career path of his son. Then the man, Mr. Moretti, told me about an officer who’d once served with his son (Detective Andrew Moretti) at the same Pennsylvania agency, the Plymouth Township Police Department.

It was seven years ago, he said, when the officer about whom he spoke, Officer Brad Fox, was shot and killed on the eve of his 35th birthday. At the time, Officer Fox’s wife was expecting the couple’s second child.

Nick, a Belgian Malinois and Officer Fox’s his K-9 partner, was also injured in the shooting, but survived.

I remembered including Officer Fox in my long-running Friday’s Heroes column, the posts that recognize the officers who’d lost their lives in the line of duty during the week of the posts. I’d written those articles for eleven years and, yes, I recall most of the names and many of the faces. A few I’ve known personally. One was a former coworker.

So I pulled up the post on my phone and showed it to Mr. Moretti. As he read it, Detective Moretti’s wife entered the waiting room and her father-in-law introduced me as a retired police detective. Then he walked out into the hallway, wading into the midst of his son’s co-workers, work partners, and peers.

I nodded toward the mob of police officers standing in the hallway leading to the operating theater of the cardiac care unit, and said to her, “Were you aware that when you married a cop you married an entire department as well as thousands of law enforcement officers all around the country?”

“It’s true,” I continued. “We’re a family, you know.”

She said she’d entered into their marriage with eyes wide open and knew exactly what was in store for her, and that I was correct, their extended family was one that reached the four corners of the country and all areas between. They’d seen evidence of that when Officer Fox was killed during the ambush attack.

It was then when the surgeon came out to deliver news about my uncle. His condition was serious but he’d survived the operation. There was much to be done in the days following the surgery … one step at a time.

When I finally left my uncle’s room that night, the elder Mr. Moretti stood in the hallway. The smile on his face told the story that his son, too, had survived the surgery. Relief had eased the worry lines that had earlier shaped his forehead and the area around his eyes. His jaw was relaxed and he displayed a cheek-to-cheek toothy grin. His wife stood at his side, tired but happy. The detective’s wife was ecstatic.

I wished them all well and headed toward the elevators, still limping from my recent hip replacement, and with the weight of worry for my own family members resting heavily on my shoulders. On the other hand, I was happy for the Morettis.

The next day, Detective Moretti was up, sitting in a chair, chatting away with his smiling wife and a group of police officers, a crowd so large that many were forced to stand outside in the hallway. I felt extreme joy to know that he’d “made it,” even though I’d never met him. Hey, we’re all family, right?

A few doors down from the happiness inside Detective Moretti’s room, my uncle, still basically unresponsive, was in the process of experiencing a heart attack and severe respiratory distress.

I’d just entered his room when the event began and the room quickly filled with doctors, nurses, surgeons, respiratory therapists, anesthesiologists, and more. Total but highly organized chaos. An hour later he was once again stable and that’s the situation today—stable.

So, my uncle, Pete, a veteran who’d served in Korea, is currently in a Philadelphia hospital room fighting for his life with the assistance of various machines, tubes, a ventilator, blood transfusions, and numerous dedicated and caring medical professionals.

My daughter and her family are living in a motel, with no home and no personal belongings. She’s recovering from cancer and the after-effects of aggressive chemo and radiation. She and her husband and son are emotionally and physically drained. They’re broken and they’re broke. Her hospital bills now exceed well over $1.25 million.

My mother-in-law is still battling serious cancer and still receives chemo each week. She’s weak.

Our wonderful daughter-in-law Stephani was recently diagnosed with a serious, chronic illness that has totally disrupted her life. As a result and after trying numerous other medications/injections that cost a couple thousand dollars each, she must now be hooked to an IV for hours at a time every few weeks to receive infusions of a new drug. She’s desperate for relief and for remission. “If it works, it will be worth it,” she said to me a few days ago.

This is the spot for a long … sigh …

When I walked down the hallway to leave the hospital this past Tuesday night, I overheard Mr. Moretti telling a group of officers that seven years ago I’d taken the time to recognize Officer Brad Fox’s service and sacrifice, and that I’d actually remembered his name after all the time that’s passed since he was killed in the line of duty.

It is my hope that Officer Fox’s wife and children know that he, like all the other officers who’ve lost their lives so that we can remain safe, will forever be remembered for their heroism.

And, speaking of heroism, Officer Fox’s death came as he and his K-9 were searching a secluded area for a suspect who was on felony probation, and who was the prime suspect in the disappearance of his fiancee.

I know, this post was absolutely all over the place, but so are my thoughts and my own emotions. I guess what I want to say most right now is thanks to each of you for your support for me and my family during the tough times we’ve experienced.

So yes, I thank you from the bottom of my heart. You guys mean the world to me—you’re family—and I wish I could somehow repay your kindness and extreme generosity.

Officer Bradley Fox, 34

Plymouth Township Pennsylvania Police Department

September 13, 2012 – Officer Bradley Fox was shot and killed by ambush after responding to reports of a hit and run. The suspect opened fire as Officer Fox approached, wounding both Fox and his canine partner. Officer Fox is survived by his expectant wife and daughter.

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