Is this justice?
David Heckathorn - Anaheim, Calif.
Wednesday, February 18, 2009
WHEN MY SISTER, Mary Clark, was brutally murdered, all close relatives gathered together to deal with the situation. I can’t recall a single person expressing the opinion that the killers would go relatively unpunished. We all assumed that the American system of justice would make them pay for their crime.
As you know, the police did their jobs very well, tracking down the killers and bringing them to trial. At that point, the onus is on the lawyers and judges to carry out the responsibility of punishing criminals and ensuring that they would not soon be able to commit another heinous crime.
While I returned to California, my brother and his wife endured every single session of court proceedings, so that they could know that justice would be served. They were exposed to horrible photographs and strong, frightening testimony, but they stuck it out.
Now, it appears that three of the four murderers will soon be freely walking about on your city streets again. Sleep well, Emporians. Judge Wheeler’s ruling about tainted testimony makes it nearly impossible to put this vicious gang back where they belong.
While I have always believed that it’s better to allow a hundred guilty men to go free than to unfairly convict an innocent man, at the same time, I believe that the truly guilty ought to pay for their crimes. I seriously expect that at least one more innocent victim like my sister will die before these murderers are put away forever.
Happiness09 (anonymous) says...
Mr. Heckathorn: While both you and your family has my sincere sympathy I would encourage you to read over the reason's for Judge Wheeler's ruling. I think if you want to be angry at someone for this mess then it should be the DA's office. They are the one's who let the murderer get off with a lousy 5 years for making up a bunch of crap about the other parties involved. Keep in mind that there was "no circumstancial evidence whatsoever" to even prove that the other parties were there.
February 18, 2009 at 2:29 p.m. ( permalink | suggest removal )
madpoet (anonymous) says...
We have no way of knowing who was there and murdered that poor woman. If anyone else knew about it and just stood by, they should be jailed. As they say, "there is no honor among thieves" and everyone is busy covering their butts, maybe by blaming someone else. Or maybe the others were there and the first to talk wanted to be sure she wasn't the only one punished. Only God and the people involved know what really happened on that horrible day. It could be the DA should have been more cautious in building his case. I'm no lawyer so don't know.
My heart bleeds for the family and friends of Ms. Clark to have this dragged out all over again. When my good friend was murdered, I was over 100 miles away attending college so did not attend the trial. Just reading the articles in the paper was bad enough, I could not have been able to deal with seeing pictures of his body. And to look at the man responsible for his death still breathing while my friend was buried, would have been unbearable. To the family and friends of Ms. Clark, God be with you and know you're in my prayers.
February 18, 2009 at 2:59 p.m. ( permalink | suggest removal )
cbmize (anonymous) says...
My heart goes out to you.I went throught a semilar sisuation back in 99 when my father was killed in chase county.I really think that judges need to take into consideration how a family feels when they lose a loved one.The person that killed my father recived nothing but a damn years probation.
February 18, 2009 at 3:39 p.m. ( permalink | suggest removal )
hottopics (anonymous) says...
I would not be able to stomach what your family has had to go through. But perhaps the ruling had to be done in order to keep a conviction from being appealed or overturned at a later time from this testimony that could be proved tainted. People win appeals based on such testimony. Dont blame Judge Wheeler for doing his job. Blame others for not doing theirs. Whether or not they are guilty, it has to be prosecuted under the laws. Fair or not. I can only be on the guidelines with the rest of us and hope you and your family has the strength to see this through with a conviction of the right criminals.
February 18, 2009 at 8:44 p.m. ( permalink | suggest removal )
UsayULoveGod (anonymous) says...
Someone sister , mother , Aunt and Friend was beaten to death with a hammer . Something has to be done . Why would they give someone 3-5 years and they testified that they did indeed hit the victim in the head with a hammer .
February 18, 2009 at 9:49 p.m. ( permalink | suggest removal )
hellfirebluefish (anonymous) says...
You go to jail longer if you have a bunch of Marijuana then you do if you murder someone...? Is this how our justice system really works ?
February 19, 2009 at 9:14 a.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
So if these Kastigar hearings are so rare and almost never held??When is someone going to investigate to find out who screwed up? I'd sure like to know who the coordinating lead investigator was who was in charge of working with the county attorney on this. It almost looks like he/she had absolutely no investigative experience and really mislead the prosecutor's office. I hope the judges and attorneys are having a talk with the police chief and sheriff over this. Whoever screwed up or mislead or lied during this investigation needs to lose their job and maybe go to jail.
February 19, 2009 at 11:44 p.m. ( permalink | suggest removal )
kittenslvsu (anonymous) says...
I as an Emporian am afraid of raising my kids here in Emporia . The judicail system has let my family down in so many ways. Mary needs a voice and it seems like the Judical system has taken that away from her.A pat on the back to Uncle Dave and the rest of my family who are tring to take a stand for her I guess what The Emporia Judical System is teaching our Children is that rape , murder ,Child Abuse, and domestic violance all get a slap on the wrist so go ahead and do thoes types of things, because no one cares. just dont drink and drive and get cought or smoke pot or drivie with out a licence you might spend more time in jail then the more horrid Crime that happened to Mary. I will be a voice for Mary. I am a great Niece and Refuse to stand by. I know GOD will Judge in the end but there needs to be a punishment for the guily ones on earth. I know I dont sleep at night and I ask Emporia do you ??????
Stephanie
February 20, 2009 at 3:05 p.m. ( permalink | suggest removal )
Happiness09 (anonymous) says...
justthefacts: "who misled the prosecutor's office"? Are you kidding me? It is common practice for the DA's office to make "plea bargins" with the one who will admit their guilt in exchange for a light sentence in order to incriminate other people. Doesn't matter whether the case involves drugs, robbery, or murder. As far as I have ever been able to tell the only purpose a plea bargin really serves is to make the prosecutor's look like they did an A+ job tracking down all those criminals and making them pay.
February 20, 2009 at 3:48 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
This one appears to be different. The judge spoke in circles in his opinion. These weren't plea agreements, they were immunity agreements that should have helped identify the person who was the primary actor, which it appears when they screwed up the investigation and found out they gave the deal to the murderer, they tried to back door it by having investigators use tainted information around (translate lying on the stand) to establish an alternative source of information. What I'm trying to state is with the current county attorney in place and his lunch buddy in the police department, they could set up anybody who lives in this county by fabricating evidence or forcing others to "investigate" or "interview" people to get at someone else. In reading the transcripts, it is clear who the two players are. They need to go. My question is why isn't the judge working with the police chief, and sheriff to make sure this happens.
February 21, 2009 at 10:43 a.m. ( permalink | suggest removal )
lilan (anonymous) says...
I left emporia because of the crooked law enforcement there. I feel bad for Mary's family. I can't help but to wonder what actually happened. I used to know a couple of the people involved, mainly, Mollie, & even some people that were involved indirectly in the case. I just recently found out about all of this & am extremely dissappointed in how the whole thing was handled was handled.
March 29, 2009 at 11:59 a.m. ( permalink | suggest removal )