Civil vs. Criminal Cases

Many of my faithful followers have asked about the difference between criminal and civil cases. Read on, and you shall learn.

Public misunderstanding of the concept of double jeopardy still persists in this regard. This protective clause in the Fifth Amendment prevents a defendant from undergoing two criminal trials for the same crime. Criminal cases are intended to deprive a defendant of life or liberty for an alleged offense. Civil trials exist to remedy some inequity by exchanging property or money.

An individual can be tried in both a criminal court and a civil court for the same crime. There is also the potential to be prosecuted in a federal criminal court after being tried for the same crime in a state criminal court, as happened to the police accused in the Rodney King case. For now we should ignore that exception, since it may confuse less educated readers.

There are precedents set for winning a criminal trial but losing a civil suit for the crime. New Yorker Bernard Goetz, the so-called “Subway Vigilante,” was acquitted of murder charges in the criminal case after shooting four young black men who accosted him in the subway. Years later, one of the gun-shot victims who was left paralyzed successfully sued Goetz for $43 million in civil court.

Socialite Claus von Bulow, with the help of the most media-worn defense attorney of our time, Alan Dershowitz, was convicted but then acquitted for allegedly murdering his wife with insulin injections in the 1980’s. He later settled a civil lawsuit filed by his stepchildren, agreeing to concede claims to hundreds of millions of dollars of his wife’s property and estate.

Former heavyweight boxing champion Mike Tyson spent three years in jail for the rape of a beauty pageant contestant, and later settled in a civil suit. He was also represented by the glory seeking Dershowitz.

Perhaps the most notable example, however, is the case of O.J. Simpson. The Hall of Fame NFL star was accused of murdering his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman, in front of her Brentwood condominium in 1994. Simpson was acquitted in the touted criminal case of the century with the help of his so-called defense attorney Dream Team, led by F. Lee Bailey and Johnnie Cochrane. Despite this acquittal, the Goldmans later successfully sued Simpson in a civil case, winning over $8.5 million in compensatory damages and $25 million in punitive damages in 1997 for the wrongful death of Goldman and battery of Brown.

The decision led to the garnishing of Simpson’s income, with the exception of his NFL pension. Simpson publically denounced the decision, vowing not to pay the Goldmans any of the awarded money. Legal battles ensued, including the Goldmans’ winning the rights to Simpson’s notorious book If I Did It, presumably a fictitious account of the murders, in at attempt to regain some of the $33.5 million previously awarded by the courts.

Destiny has made a perilous mistake by changing her legal counsel between cases. There are so many nuances with serial murder cases, particularly in the civil arena. She is disregarding the Ivy League firepower that won her seemingly insurmountable criminal case by turning to a Rutgers Law School graduate for the civil case. Given the mountain of evidence used against her in the criminal case, it seems likely that she will lose this next battle without adequate counsel.

-----

This is post #45 in The Satin Strangler Blogs (TSSB).

Read the next post in TSSB.

Start TSSB from the first blog post.

See links to all 105 posts in TSSB.

“Like” TSSB on Facebook.

If you are enjoying this free and unique online reading experience, please tell your friends.

Craigslist Killer

Philip Markoff is a 22 year old student accused of using the classifieds Website Craigslist to identify and then kill women who advertised erotic services. Authorities suspect Markoff of committing at least two robberies and one murder in Massachusetts and one robbery in Rhode Island. Police say that on April 10th in Boston, Markoff bound and robbed an escort he met via Craigslist. Four days later, Markoff allegedly met with 26-year-old Julissa Brisman, an aspiring model who police say advertised her services as a masseuse on Craigslist. Markoff allegedly answered the ad and met Brisman at the Copley Marriott Hotel in Boston. Police later found Brisman's battered and bullet-ridden body in her hotel room. The third incident occurred in Warwick, Rhode Island on April 16, when Markoff allegedly attempted to rob an exotic dancer.

Markoff has been charged with murder, unlawful possession of a firearm, robbery and kidnapping. He has pled not guilty and continues to maintain his innocence. Authorities believe Markoff may be connected to other unsolved robberies and homicides in Massachusetts, Rhode Island, New Jersey, Connecticut and the Caribbean.

This case provides further proof of the dangers of internet-based interactions, particularly when perverse sexual favors are at play. The media is comparing this story to that of my client Destiny Blande, due to the erotic sexual fetishes involved. It is important to highlight the fact that Destiny Blande has been acquitted of the Satin Strangler crimes, however.

I have been involved in numerous media discussions about both cases during the last few days. There are rumors that I may be taking on Markoff's defense, but I have not yet had any meetings with the young man.

Night of the Verdict

Pursuant to earlier reports of my relationship with Destiny Blande, there has been incessant speculation about our evening together after the acquittal. The press has taken their liberties. My faithful followers, you have posted countless comments on this website asking for details. While I abhor sharing information on personal matters, I do feel a certain level of obligation to address the subject herein.

The evening of the acquittal promised to be a pivotal point in our relationship. We would finally be alone together for the first time. We originally met in the Sea View prison. We conversed daily for months, but only within the unnatural confines of prison. I had never experienced her company outside of captivity.

We separated in front of the courthouse to avoid attention, intending on reconvening at her home for a quiet evening. I followed her to Mount Rose, NJ, as planned. Within a mile of her home, however, the road was blocked by throngs of well-wishers and police barricades, akin to the scene we had left outside the courthouse. What was once a quiet country road was now a transient metropolis, replete with tents and makeshift shanties.

I snaked my BMW Z8 away from the turmoil and somehow stayed behind Destiny’s silver Accord. I contemplated my relationship with Destiny as I followed her toward New York City.

Destiny has been impressed by me since our initial encounter. Admiration inevitably evolved toward physical attraction. In my personal experience this affinity is essentially inevitable. Captivity would naturally superimpose an interesting component to Destiny’s desires. As long as she was in prison, I was her forbidden fruit. Up until the acquittal, our relationship was safely contained within predictable boundaries. What would happen once she was free to express her emotions? The serial killer psyche can tolerate emotional proximity in captivity, but not out in the world at large. This is not, of course, to suggest that Destiny is guilty of murder. She has been acquitted, so I must convey nothing other than her innocence.

You wonder if the attraction was completely unidirectional. All along I was certain that it was. I must admit that Destiny is an attractive woman. Even more alluring is the Satin Strangler thought by most to lurk somewhere within Destiny.

A few hours later we had reconvened at a restaurant table in Little Italy. During dinner I found myself searching for the Satin Strangler through Destiny’s eyes, trying to decide if I was willing to risk giving into her desires.

Destiny’s face has a girl-next-door sweetness, but her malachite eyes betray an unsettled core. I watched her hands tease apart a loaf of bread into smaller pieces and tuck them between her lips. Were those hands strong enough to tighten stockings around the necks of the Satin Strangler’s victims? I said “no” for months to the police, press, jury and judge. I strode through the courtroom, locked gazes with each juror, and declared, “No, there is insufficient evidence in the prosecutor's case to convict this young woman of those heinous crimes. She is innocent. She could be your daughter. She could be your neighbor. Look at her. Look into her eyes. Is this a woman capable of killing?"

Was Destiny capable of killing? I continued to ask myself this question. As her lawyer, I had to say “no.” But sitting there at dinner, watching her every move, I was suddenly exhilarated by the possibility that she could in fact be the Satin Strangler. Could those hands strangle a man? Could this girl kill? I found myself wanting to think so. I imagined being wrapped in her satin web. I fantasized about the touch, not of the frightened young Destiny Blande, but of the fiery Satin Strangler seductress within.

We left our dinner half eaten. The rest of the evening must be left to your imagination.

-----

This is post #42 in The Satin Strangler Blogs (TSSB).

Read the next post in TSSB.

Start TSSB from the first blog post.

See links to all 105 posts in TSSB.

“Like” TSSB on Facebook.

If you are enjoying this free and unique online reading experience, please tell your friends.

Leaving the Courtroom

I reached my car at the courthouse just moments ago, and I must admit that I am overwhelmed by exhaustion, but my first loyalty is to dictate my sentiments at this very moment for you, my faithful followers.

The jury deliberated just a few hours before reaching a “not guilty” verdict. I obviously expected to win the case. I commanded the jury from my opening statement. I was nonetheless surprised at the expeditious nature of the deliberation. In my experience on the Yale Law Review, and in my subsequent consumption of the legal literature, I am unaware of such a decisive win in a serial murder case. In fact, a serial murderer acquittal is essentially unprecedented. This coup de grace eclipsed even the previous trajectory of my illustrious career.

Reporters swarmed the courtroom, thrusting toward us or retreating with their cameras and microphones toward the frenzy brewing outside.

Analogous to other paramount events in history, the number of self-proclaimed “eye-witnesses” already appears to exceed the modest courtroom capacity as the news reporters cling to any available story. Observers just reported that the victims’ families were crying out obscenities at me and Destiny. The brother of Satin Strangler victim Grant Leighton supposedly pushed through the crowd and threw himself across the guard rail lining the defense stand. He was presumably attacking us, but eventually succumbed to police Tasers. It should be stated for the record that I witnessed none of this. Instead, I was attending to the inundating paparazzi and well-wishers.

We anticipated Destiny’s extradition to Virginia to face the next set of murder charges, but were pleasantly surprised when authorities informed us during the courtroom adjournment that she was released from custody. I have since learned that charges in all other Satin Strangler states have been postponed.

Destiny and I embraced as the verdict was read. At first I sensed in her the massive relief that comes with an acquittal of a capital offense. But when I began to back away, she held me tighter. In other circumstances I might have reciprocated, but I had to adhere to my professional code of ethics and extricate myself from her embrace.

Destiny’s face quivered momentarily as we separated. Never during the months leading up to the case, never in the courtroom, never in the flashing lights of the cameras did she express the slightest fear. But her emotion at that moment was unmistakable.

The reason for her trepidation was readily apparent to me. Ever since the arrest, Destiny’s friends and family progressively abandoned her. Several sold their stories to newspapers, magazines and talk shows. I was the only one to remain by her side. I emerged as her knight in shining armor.

Destiny was leaving her former life behind in exchange for a world of bright lights and cameras. She would be living an endless reality show, with a blurred distinction between reality and fiction. Our relationship together, which was confined by our professional interaction boundaries, was impeded from proceeding to the next phase. This reality suddenly weighed heavily on her during our embrace.

“I know,” I said, brushing a wisp of auburn hair back from her face. “Don’t be afraid.”

Police wedged the crowd apart, allowing us through like a newlywed couple exiting a church. The cacophony outside was deafening, causing Destiny to retract closer to my side. Suddenly I spotted a projectile hurling toward; we braced for the impact. Striking me across my left cheek was a black satin stocking, the first of many to precipitate down upon us from all directions. Cameras flashed as Destiny reached over to remove the stocking from my face and neck.

Radio correspondents are already reporting that Destiny was pantomiming strangling me with the stocking. This “strangulation photograph” and our well-documented embrace are presumably igniting love affair speculations throughout the airwaves.

I will soon navigate my BMW Z8 through a stream of paparazzi, so please carry on without me until I return with more thoughts on the trial.

-----

This is post #38 in The Satin Strangler Blogs (TSSB).

Read the next post in TSSB.

Start TSSB from the first blog post.

See links to all 105 posts in TSSB.

“Like” TSSB on Facebook.

If you are enjoying this free and unique online reading experience, please tell your friends.