In Session: Sidebar
February 23, 2009

Lock up guns, not kids

Posted: 03:27 PM ET

NEW YORK–Another young child has been accused of picking up a gun and fatally shooting a member of his household. In western Pennsylvania, an 11-year-old boy has been charged in the murder of his father's 26-year-old girlfriend, who was eight months pregnant.

In Session anchor Lisa Bloom

As I read down the article yesterday, here's the underreported fact that jumped out at me: the boy had a shotgun that was specially manufactured for children. Let me say that again. The boy had been given a youth shotgun, smaller than the adult version, but apparently, just as deadly.

Are we out of our minds? I have long been saddened, as I interview one grieving family after another, that we lack the political will to keep guns out of the hands of mentally ill people, and even children, but now we're making special kiddie guns?

This fifth grader, charged as an adult, faces life in prison without the possibility of parole. Pennsylvania, my beloved home state, has the shame of having the highest number of juveniles in the nation serving life without parole sentences. And now they want to lock up another kid and throw away the key.

What are we doing?

I have a simple solution: lock up guns, not kids. It's so simple. Lock up guns, not kids. Let's prevent these crimes, and stop throwing away chidlren's lives.

Lock up guns, not kids. Can't we all get behind that?

–Lisa Bloom, In Session anchor

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Prosecution to rest in Bearden murder trial

Posted: 08:55 AM ET

BARTOW, Florida–Prosecutors are expected to rest their case today in the trial of Joseph Bearden, facing the death penalty for the 2007 murder of Ryan Skipper. Bearden has pleaded not guilty. Today is day six of the trial.

On Friday, jurors heard gruesome testimony from the medical examiner who performed the autopsy on Skipper. According to this witness, Skipper was stabbed a total of 19 times – including one wound that was so savage it pierced one of the victim’s carotid arteries.

Another witness testified that he saw Skipper, Bearden and co-defendant William Brown, Jr. get into Skipper’s car and drive away shortly before the murder. But will the jurors believe Bearden, 23, participated in the killing, or will they conclude that it was actually Brown who killed Skipper, as the defense contends?

Stay tuned to In Session for live gavel-to-gavel coverage in this case.

–In Session staff

Filed under: Uncategorized


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February 20, 2009

Geronimo!

Posted: 03:04 PM ET

NEW YORK - This week marks the 100th anniversary of Geronimo's death. Now, the Apache warrior's descendants are suing to recover his remains.

In Session anchor Jami Floyd

Geronimo was born and wanted to be buried in New Mexico. But he died a prisoner of war at Fort Sill, Oklahoma in 1909. According to legend, Prescott Bush, father of former president George Bush and grandfather of President George W. Bush, broke into the grave and made off with the skull, two bones, spurs and some other items personal to Geronimo. Skull and Bones, of course, is the name of Yale University's infamous secret society (Yale does not officially recognize the group, it is important to note). According to legend, Skull and Bones still have the remains.

Whether this is true or not, Geronimo's heirs have a right to know; and they have a right to the dignified memory of their ancestor. The disrespect demonstrated by Skull and Bones is disgraceful and completely out of place in the modern context of diversity and change. Our dishonesty, as a country, about our history is shameful - beginning with the slaughter of countless Native Americans, a genocide for which we have never fully compensated. We continue to disrespect native communities and culture with sports mascots that should offend us all, and with unsettling traditions, like the lore in which Skull and Bones is rooted. (These kids reportedly have a skull encased in a glass on display, and they call it Geronimo.)

I know the Apache story is complicated. Geronimo put up fierce resistance to white settlers, for nearly three decades. I know there are those who would not celebrate that history. But neither should we denigrate it.

-Jami Floyd, In Session anchor

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Jury hears defendant's denial in Florida murder

Posted: 09:08 AM ET

BARTOW, Florida–The prosecution case against defendant Joseph Bearden – charged with the first-degree murder of an openly gay man – continues here. On Thursday, for the first time, jurors were able to hear from the defendant himself – through an audiotaped interview that Bearden gave police shortly after the killing. In his statement, Bearden admitted being with victim Ryan Skipper on the night Skipper was stabbed to death – but insisted that he personally had nothing to do with the murder. Bearden has pleaded not guilty in this case.

Joseph Bearden

The State of Florida’s case appears to winding down; the prosecution could rest as early as today. The defense case is expected to last for one or two days – and, at this point, it appears that the defendant will indeed take the stand in his own defense.

Stay tuned as In Session brings you all the latest courtroom testimony live.

–In Session staff

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February 19, 2009

Kathleen Hilton verdict

Posted: 03:31 PM ET

NEW YORK – Here's what we know about Kathleen Hilton: She was born in Salem, Massachusetts in 1947 into an abusive household. From a very early age she exhibited signs of mental retardation. Her I.Q. hovers around 70. She is functionally illiterate, with the intellectual capacity of a first-grader. But that is not the end of her sad story.

Kathleen Hilton listens as not guilty verdict is rendered

When Hilton was 9 years old she fell two stories from the family porch and hit her head. And, in addition to her intellectual limitations and injuries, there is a history of mental illness. In 1972, when she was a young woman, she was diagnosed with schizophrenia. She suffers from hallucinations, paranoia and the belief that she can talk to spirits.

We may never know who set the fire on February 24, 1999. But neither did the prosecution. All they had were the words of Kathleen Hilton. And, as her defense counsel so ably argued to the jury, her words cannot be trusted.

As is all too often the case, our mental health system failed Kathleen Hilton. Thankfully, the criminal justice system did not.

-Jami Floyd, In Session anchor

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Link to witchcraft: Blessing or curse?

Posted: 01:50 PM ET

LAWRENCE, Massachusetts - Kathleen Hilton now a free woman returns to Lynn, Massachusetts. Ironically Lynn is not too far from Hilton's birthplace of Salem which shares its dark history of witch hangings with tourists and visitors.

Hilton, too, says she practiced magic and witchcraft. A psychiatrist testified that her eccentric beliefs in Wicca were a comfort to her, helping her to cope during times of stress. More than 300 years ago, it may have sent her to the gallows. Today it may have helped set her free as her beliefs in witchcraft, tribal councils, and auras have supported her defense that she was mentally ill at the time she allegedly confessed to setting a fire that killed a family of five.

Psychologists at her trial differed on whether her beliefs were more malingering than mental illness, but she continues to hold them dear. After being acquitted of murder and arson, she was calm and at times giddy as she emerged from the courthouse, and told us, "My spirits told me I would be okay."

-In Session staff

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Victim's family working to protect son's memory

Posted: 01:28 PM ET

Bartow, Florida–I have been able to meet the parents and brother of victim Ryan Skipper here at the courthouse in the trial of Joseph Bearden. Bearden, 23, is facing the death penalty in the 2007 murder of Skipper, who was gay, and this case was originally labeled a hate crime against Skipper. Bearden has pleaded not guilty.

Ryan Skipper

Ryan was 25 years old when he was stabbed multiple times and then left along a deserted road in Winter Haven, Florida to die. Witness Robert Aguero testified on Wednesday that Bearden told him in the early hours of March 14, 2007 that he (they) “did the world a favor by getting rid of the faggot.” A self-confessed drug dealer, Aguero told the jury he more or less adopted Bearden a couple of weeks prior to the murder.

Ryan’s family are lovely people who appear to use every ounce of strength getting through this trial. So far, as they listen closely to the testimony, they hold hands very tightly with those close to them.

Ryan’s stepfather, Lynn Mulder, told me he is the current president of the Polk County chapter of PFLAG, a national organization dedicated to helping friends and families of parents and friends of lesbians and gays. Mulder is also on the board of directors of the Lakeland Florida Youth Alliance, a support group to assist at-risk gay, lesbian, bi-sexual and transgender youth.

The Mulders told me they are now dedicating their life to help stopping discrimination and resentment against the other Ryan Skippers of this world. Ryan’s brother has flown all the way from his home in San Diego, California to be at the trial.

–Jean Casarez, In Session correspondent

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Kathleen Hilton speaks after acquittal

Posted: 11:41 AM ET

LAWRENCE, Massachusetts–After deliberating for 15 hours over three days, the jury of six men, and six women acquitted Kathleen Hilton of murder and arson charges in connection with a 1999 fire that claimed a family of five.

Kathleen Hilton walks out of court a free woman with attorney Gary Zerola by her side

Hilton who has spent the last 10 years in a Massachusetts state prison awaiting trial appeared teary and relieved after the first “not guilty” was announced. Co-counsel Gary Zerola burst into tears and lead counsel Michael Natola gripped his client’s shoulder as each subsequent “not guilty” was read. The jury acquitted Hilton of one charge of arson, five counts of second-degree murder, and one count of injury to a fire fighter. Watch Hilton's comments.

Heriberto Feliciano, his wife, his two daughters, and a niece, died in a fire that both sides agreed was deliberately set. The Commonwealth charged Hilton after she told police that she lit the fire in an attempt to get her grandchildren’s mother to reconcile with her son. In her alleged confession, she said she thought her grandchildren would have to live with her son if they were burned out of their home.

In a post-verdict interview with IN SESSION, Natola expressed his gratitude with the verdict and said he believed in Hilton’s innocence all along.

Kathleen Hilton told IN SESSION she was looking forward to reuniting with her family. She said she had become a great grandmother in the last few days, and was looking forward to meeting another grandchild, now 7 years old, born while she was incarcerated. She also spoke of plans to marry again (her sixth husband).

Armando Feliciano and Carmen Perez, relatives of the victims, were disappointed in the verdict and in halting English said “We waited so long. This is not justice.” Armando, brother of Heriberto Feliciano, one of the victims who had traveled from Puerto Rico to view the proceedings, said he was convinced of Hilton’s guilt because she confessed, and was so dejected by the verdict he planned to “leave this country as soon as possible.”

Two jurors interviewed by IN SESSION said the initial vote in the jury room was eight to four in favor of acquittal. It was up to those who believed she was guilty to persuade the other eight, said Barbara Wallack, a teacher. She said deliberations were emotional at times, but those who wanted to convict the grandmother were swayed to change their vote after they examined the alleged confession, considered by all the jurors to be the Commonwealth’s most persuasive evidence.

Eric Williams said he could not trust the confession, and had too many questions about how it was acquired. Williams said he sympathized with the victim’s family members but in the end did not feel comfortable “just letting someone else take the rap.”

–In Session staff

Filed under: Uncategorized


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No remorse for killing, witness says

Posted: 09:55 AM ET

BARTOW, Florida–For the first time on Wednesday, jurors in the Bartow, Florida murder trial of Joseph Bearden – charged with the stabbing death of Ryan Skipper – heard testimony suggesting why some believe the killing was actually a hate crime. According to a key prosecution witness, the defendant admitted that he felt no remorse about killing Skipper – an openly gay man – because he had done the world a favor by getting rid of a homosexual.

Joseph Bearden

Robert Aguero – whose sister, Maria, had testified earlier – told jurors of Bearden’s demeanor a few hours after the murder. “He didn’t feel good about it, because he knew it was wrong, but he didn’t feel bad about it, either . . . it seemed pretty all right in their eyes to do what they did.” Bearden and co-defendant William Brown, Jr. – who will be tried separately later this year – both face the possibility of execution should they be convicted. Bearden has pleaded not guilty.

In Session brings you gavel-to-gavel coverage of this case.

–In Session staff

Filed under: Uncategorized


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February 18, 2009

Prosecuting hate

Posted: 03:25 PM ET

NEW YORK - Police in Polk County, Florida investigated the murder of Ryan Skipper as a hate crime; but you won't hear about that during the prosecution of Joseph Bearden. That decision - to play down or even ignore the hate-crime aspect of the case - is a major concern for the gay community, and understandably so.

Ryan Skipper

Ryan Skipper was stabbed at least 20 times and, according to some witnesses, the suspects drove Ryan's bloody car around and bragged to their friends about savagely killing a "faggot." That's precisely why police called it a hate crime when they charged this defendant and another man, Bill Brown, who will be tried later this year, with first-degree murder.

Whether or not Beardon was the killer, silence in the face of this kind of hateful brutality is unacceptable. Anti-gay hate crimes are at their highest level ever in Florida - second only to racial attacks.

According to the Florida attorney general, violent hate crimes targeting gay Floridians have increased 33 percent during the two most recently reported years. But that is a matter of social injustice.

As a matter of law in Florida, hate-motivated crimes are considered at sentencing, not as a separate charge; and of course, in a death penalty case - which this is - the punishment cannot be enhanced. That's why this is not a hate-crime case. Not really.

-Jami Floyd, In Session anchor

Filed under: Uncategorized


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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Jean Casarez
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Beth Karas
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