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MEMORANDUM OF LAW
TO: Triad F
FROM: Kelley O’Brien
DATE: April 21, 2010
RE: The law in Virginia regarding marital communications privilege
ISSUE
The unlawfulness of serial murderers and rapist to not receive the death
penalty and continue to murder or rape when released from imprisonment.
ANALYSIS
Court Case: Ealy vs. Illinois. On August15, 1982 four innocent victims
were found lying motionless on the seventh floor of an apartment building by a
local Chicago police officer named Dennis Vavrin. The victims included 33 year
old Christine Parker, her two daughters Mary Ann and Cora, and also Christine’s
oldest daughter Mary Ann had a son by the name of Jontae, who was three
years of age that had been molested and killed in the bathroom of the apartment.
Every victim found had severe choking wounds thought to be done by a man who
earlier dated Mary Ann Parker named James Ealy, who was seventeen at the
time and had been recently arrested for rape.
James Ealy was taken from his house that night to be questioned by
authorities but was not read his Miranda Rights and said he was harassed by the
officers not getting to use the bathroom and was physically abused before the
officers had any real evidence. Not getting a proper search warrant the officers
went into James room and found the same material used to strangle the four
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victims and showed it to James sending him over the edge in which he
confessed guilty for the crime. Due to the officers breaking these laws the
evidence could not be used in court against him and in knowing this James got
away with murder and pleaded innocent for the murders he committed.
James Ealy was released from the state prison twenty three years later
after serving his time for the rape charges he received before the obvious
murders. Soon after his release James Ealy struck again using the same
technique he used in the murders before. James became very angry at a Burger
King Restaurant manager named Marry Hutchison while trying to rob the store
and choked Mrs. Hutchinson to death using the bowtie on her uniform. James is
now imprisoned for life for the five accounts of murder charges.
My next case is DUMOND vs. A.L. LOCKHART, Director, Arkansas
Department of Corrections. On September 11, 1984, a seventeen-year-old high
school student named Ashley Stevens was kidnapped at gunpoint from her home
in Forest City, Arkansas. The male attacker drove the young girl to a secluded
area in the victim’s automobile and parked the car in a secluded area where she
was led down a small path and forced to lie down.
The attacker then removed the victim’s jeans and placed them under her body
where he forced her to have vaginal and oral intercourse with him. After the rape
Ashley was given back her clothes and was driven back to her house where the
young girl was threatened to be killed if she told anyone. From there Ashley
called the cops and reported the rape, what the man looked like, and took the
cops to the scene of the crime.
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Brought in for a lineup was Wayne DuMond in which Ashley hesitated but did
identify him as the attacker. There was semen on the victims pants in which had
a 28 percent chance it was Mr. DuMond after the testing was done. DuMond had
also been accused of three more rape accounts before this and pleaded guilty to
the murdering of a young man in 1972 with two other men. Wayne DuMond was
found guilty and sentenced to life, plus twenty years of prison. Three years later
this court case was brought back up when supporters of DuMond found
loopholes when he was arrested dealing with the victims story and got the semen
retested by a top of the line professional. The semen came back and there was a
99 percent chance the attacker was not DuMond and later that year DuMond was
released with big help from his supporters.
In the year 2000 the somehow innocent Wayne DuMond had struck again
after being released from prison eleven years earlier. DuMond was found guilty
for the murder of Carol Sue Shields in an apartment in West Kansas City.
DuMond was sentenced to life without parole but was found dead in his prison
cell due to cancer.
RECOMMENDATIONS
Murder and rape are not only illegal it is also disgusting and morally
unacceptable and should be dealt with in a fashion that is more abrupt then the
system now. There are murderers and rapists that are released from prison
everyday that receive almost no punishment and instead get to lie around all day
being lazy living off of my hard earned tax dollars. I don’t see why as an
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American citizen I have to support people who molest and kill children by
feeding, clothing, and putting a roof over their head with my money. I believe if
you are sick enough to commit these crimes you should be taken care of before
another victim falls at the feet of the scum of society. As Americans we are too
passive and forgiving over crimes that should be taken a lot more serious. I
believe you should have done to you what you have done to others, no more of
this soft bullshit giving people another chance after they molested and killed a
three year old boy. Hell with that, think about how his parents feel having to go to
sleep every night knowing that the man who did that to their son is in prison and
were giving him 23,000 dollars a year to keep him alive. This disgusts me and if it
doesn’t disgust you think if it was your kid that had this done to them, what would
you want to do? Capital punishment should be used a lot more often and in my
opinion it would drop murder and rape numbers of innocent victims in a quick
fasion.