Delayed in the 9th Circuit… again…

November 19, 2014 by
Vicki & I, 1979

Vicki & I, 1979

March 12th, 2015 is the new filing date that the defense counsel in the case of State of Arizona v. Atwood, Cause # CR 14065 has to file in the 9th Circuit Court of Appeals.

Stalled again in our fight to bring justice to Vicki Lynne. 

The range of emotions that come with yet another delay are hitting every scope of the spectrum. Trying to convince my logical mind that there is a reason for everything, to be faithful & trust in God’s plan and not let this consume my every thought and emotion is simply difficult…

And the questions are pouring in… Why another delay? How many more can he have? Why is it that the justice system seem to keep giving him all the breaks? How come others from death row who committed murder long after Atwood took Vicki’s life in 1984 have been executed but he still sits, wasting our tax payer dollars every day?

I can’t answer any of them… nor can anyone else, which is even more frustrating, and makes me feel even more helpless when all I want to do is bring justice to a little girl who’s life was taken far too soon… who was a sister, a daughter, a granddaughter, a niece, a cousin, a friend…

And while we face this delay, I also have to be realistic that the March date isn’t definitive either. Or the fact that our road is still very long, and there are no guarantees that new case law can come along and alter our path as it has in the past. But, what I can hope for is that in the grand scheme of things that our case will impact a very broken judicial system, and that maybe, just maybe it will help make legislative changes so that another family might not have to suffer this judicial hell the way we have.

So, tonight, I will do my best to smile through the tears and continue to fight for justice for my sissy…

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September 17… 30 years later

September 17, 2014 by
Vicki Lynne 1984

Vicki Lynne 1984

September 16, 1984, we were an average American family, normal as far as I knew. My parents had divorced, both had remarried making my family larger. Vicki & I lived with our mom who had married George (dad), he brought his daughter, Carie, from his first marriage into our lives, together they had my brother, Brian. My dad (Ron) married Tammy, who was pregnant and expected to deliver my brother, Larry, in October of 1984.

As kids, we spent many of our Saturday nights going to the race track to cheer on our Papas, and our weeks playing softball, a sport we both loved! We enjoyed trips to the lake, playing in our neighborhood with friends and going to school.

Sunday, September 16, our mom, dad, Vicki, Brian I were out looking at campers we were going to purchase for our family. I remember being pretty excited about one we had looked at! I was sure my parents would go back and buy it!!! Funny, how some of the happiest moments can be replayed in our minds…

Monday, September 17, was a normal school day. Vicki & I got up, and she went on to Homer Davis Elementary where she was in the 3rd grade. I had just entered the 6th grade at Flowing Wells Junior High, both schools were just a few blocks from our home. Little did I know that that morning when we parted ways to school that it would be the last time I would ever see my sister alive or that the events of that afternoon would still be such vivid memories in my mind today. 

I had joined the Cross Country Team at FWJH, we generally had practice daily after school. But during my last period of the day I was informed that practice had been cancelled. 

I can still close my eyes and see the girls locker room of FWJH. There was a big glass window in the office that looked into the locker room, it was where I used the phone to call my mom to tell her cross country practice had been cancelled and I would be coming straight home after school but the line was busy. No call waiting, no call waiting caller id. It was 1984. 

I headed home after school with the rest of the kids in the neighborhood.

I still remember the look of surprise on my mom’s face when it was me walking through the front door… Mom told me she had let Vicki ride her bike to the mailbox a few blocks away to mail my aunt’s birthday card. My mom never let us go out alone, but was growing concerned because Vicki should have been back by now. I could ride my bike and find her, she probably stopped by to see her best friend, Jen.

And the innocent sense of freedom I felt riding my bike for the first time alone, knowing Vicki would be in BIG trouble for stopping off at Jen’s house (her best friend) and losing track of time, when she got home…

And how puzzled I was when she wasn’t at Jen’s…

And the sense of panic I felt the moment I found Vicki’s bike in the middle of the road, she was no where to be found…

And the faces of my friends as I road my bike frantically through our quiet little neighborhood calling for Vicki, them asking me what was wrong??? 

And my mom’s utter distress when I came back home without her…

It was 1984… and when I learned pure evil exists. 

I have struggled these last weeks, searching for the words to properly convey the emotions that this day brings but I have honestly come up short… 

And as much as I wanted to post a blog filled with loving memories about Vicki on the 30th anniversary of her death, I can’t. 

I can’t because there has been no justice in our failed system. The monster that took Vicki’s innocent life that September day still sits on Death Row in Florence, AZ. 

Because we are NOT battling whether or not Frank Atwood is guilty of the kidnapping, sexual assault or brutal murder of my sister, but whether or not his counsel was “ineffective” at the time of his trial and if he actually suffered from Post Traumatic Stress Disorder at the time he murdered my sister. 

And we are still waiting to see if his defense team will actually file an opening brief by November 21, 2014 in the 9th Circuit Court of Appeals or file yet another extension that could possibly be granted by the court. 

Because I have to explain to my children the evils of the world; not because they exist, but because it happened to my life and still continues to happen, 30 years later. 

And because 10,957 days is a really, really, really long time for a family to not have closure and be able to move on…

So, today, I will do my best to to smile through the tears, and continue to fight for justice for my sissy…

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Delayed Until November

June 12, 2014 by
Vicki Lynne 1984

Vicki Lynne 1984

Last week, the United States Courts for the Ninth Circuit granted Atwood’s defense team an extension in filing their opening brief until November 21, 2014. As I stated in a previous blog, I should have placed a Las Vegas wager that this would happen as it was a much anticipated move by Atwood’s defense team, claiming the case is long, complicated and they needed more time to prepare the brief on his behalf.

Borrowed time on our tax paying dime, as they continue to manipulate the legal system to their benefit.

It’s been 10,860 days since Atwood kidnapped, sexually assaulted and murdered my 8 year old sister, Vicki Lynne. 10,860 days he has lived on this earth, freeloading off the tax payers, getting a college education, writing books and selling them from his website, repeatedly trying to have contact with children through the mail and fighting for his life that should have ended long ago for the brutal crime he committed.

The clock is ticking for Atwood, and as each day passes we are one day closer to seeing his punishment being carried out. For now, I have satisfaction in knowing he is haunted by Vicki’s cries and the horrible torture he put her through, secretly wishing he was dead.

This delay is frustrating and so incredibly difficult to explain to those who carry this horribly tragic and personal story in their hearts. Why will we have to wait any longer? It’s already been 29 years, 8 months and 26 days to see justice carried out.

Today, I continue to have confidence in our attorneys as they prepare for what lies ahead, and pray for the panel of judges who will hear our case… and will wait to see what November brings.

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“Shaking” our Silver for Vicki Lynne!!!!

April 7, 2014 by

Sparkle & Shine with Silpada Designs!!!!

Kicking off April 2014 with a fundraiser in honor of the 1st Annual Vicki Lynne Scholarship!  This year marks what would have been Vicki’s 20th year high school reunion, and our family has committed to awarding a scholarship to a graduating senior from Flowing Wells High School on April 30th, 2014.

We WELCOME you to join us in supporting this cause with Silpada and one of my very best friends, Beth Moller!  Mother’s Day and Graduation are just around the corner! Want to host a catalog party? We will supply you with all that you need! Want to spoil that special someone, we can help! Don’t know what she wants? We can get you a Gift Certificate so she can shop away!

We will all be SHAKING it the way Vicki would want us to!

Want to start shopping? Beth’s Silpada Page & Choose “Vicki Lynne Scholarship Fundraiser 2014” as your hostess!!!

Have questions with your order, want to book a party or buy a gift certificate?

Call Beth directly at 210.638.9503

 2014 Vicki Lynne Scholarship Fundraiser

2014 Vicki Lynne Scholarship Fundraiser Page 2

 

2014 Vicki Lynne Scholarship Fundraiser Page 3

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Justice for Vicki Lynne – Part 7

March 2, 2014 by

Vicki Lynne Hoskinson, 4Monday, February 24, 2014 the defense team representing Frank Atwood filed yet another motion to the U. S. District Court, asking that the Honorable Judge John C. Coughenour to reconsider part of his ruling handed down on January 27, 2014. This came just a few days before the defense was expected to file their appeal to the United States Ninth Circuit Court of Appeals.

They were asking the court to “alter or amend the judgement” in regards to their claims of ineffective counsel by attorney Dan Davis, who represented Atwood in the Post Conviction Relief phase and the beginning of the Writ of Habeas Corpus.

The Honorable Judge Coughenour DENIED this motion Friday, February 28th, 2014.

The seven pages of convoluted claims read more like a desperate last minute effort to stall the deadline to file before the Ninth Circuit Court of Appeals. They have now, 30 days to file before the court.

I would place a large Las Vegas bet that the defense team will ask for an extension before the court, most likely claiming that they need more time to prepare their appeal. Honestly, considering the fact that this defense team has logged in thousands of man hours on this case, it seems professionally embarrassing to think they need more time, but asking for an extension buys Frank Atwood just that, TIME.

I have the utmost confidence that the clock is ticking on Atwood’s fate and that both the United States Ninth Circuit and Supreme Courts will concur with the rulings that the Honorable Judge John Coughenour made.

For now we will wait to see what the defense team does in the next 30 days. And, we will continue in our fight to bring justice to Vicki Lynne.

 

 

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A Victory for Vicki!

January 27, 2014 by
Vicki Lynne 1984

Vicki Lynne 1984

Today we had a huge victory in our fight to bring justice to Vicki.

The United States District Court Judge Honorable John C. Coughenour, denied Atwood’s last petition in the Writ of Habeas Corpus. In the 53 page ruling, the judge denied his Motion for Reconsideration Based Upon Martinez v. Ryan, his motion to amend the habeas petition & all amendments are denied with prejudice.

We have anxiously awaited this ruling since the hearings that took place in October & November, 2013, as it would determine what would happen with this case moving forward. Today’s ruling keeps Frank Atwood on Death Row in Florence, Arizona, exactly where he needs to be for the 1984 kidnapping and murder of my eight year old sister, Vicki Lynne Hoskinson.

We will assume that Atwood and his defense counsel will exercise their rights to appeal this ruling & petition to the United State Courts for the Ninth Circuit in the next 30 days. It would, honestly be to easy to think, that Atwood, in this monumental defeat today, would take his punishment as it was given to him and not fight any further. So, once this case is appealed to the 9th Circuit Court of Appeals, we will wait optimistically for them to rule. When they rule in our favor, Atwood’s defense team can continue to appeal it to the United States Supreme Court. The case against Atwood has been to the United States Supreme Court twice, both times the honorable court has denied his petitions.

Today is another big step forward in bringing justice to Vicki in our almost 30 year fight since her murder. To say that today’s ruling is a relief is an understatement, and continues to give our family confidence that justice will prevail, and her murderer will be properly punished.

Don’t Forget Vicki Lynne.

 

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Go raibh mile maith agat!

January 3, 2014 by

Yellow Ribbons in Memory of Vicki Lynne“Go raibh mile maith agat!” translated literally in Irish as “may you have a thousand good things”.

As I look back over the very hectic, chaotic and trying months, I have been loved, blessed, lifted up and inspired in many ways… and as I googled different ways to say “thank you” to all those who have touched my life, I came across this Irish quote which just seemed to fit.

Realizing its been almost two months since my last blog (where has the time gone!?!?), I felt a need to give an update on our continued legal battle.

Since the Evidentiary Hearings in October & November, we are still waiting for U.S. District Court Judge, Honorable John Coughenour, to make a decision in our case.  I am confident that he will rule in our favor and the Arizona State Attorney General’s Office can move forward in our fight to bring justice for Vicki Lynne.

We will pray and wait.

I continue to tie yellow ribbons to the post outside our door as a reminder that we are still waiting, along with 8 pink ribbons to symbolize her. Bittersweet, but nonetheless it keeps it real.

Looking into the future, 2014 would have been Vicki’s 20 year high school reunion. In the spirit of honoring her memory, I am in the process of setting up a scholarship fund with hopes to give the first one this graduation. It has been a long time dream, and I am anxious to see it happen.

A Vicki Lynne Hoskinson Fundraiser Page has been created on Facebook, (thank you to Layne who continues to keep things updated!) and you can follow details & events there too!

With the holidays behind me and a new year at my feet, I am excited to get back to blogging. I hope that all of you had a wonderful holiday season, and that 2014 will be full of good health, happiness & memorable moments!

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Justice for Vicki Lynne – Part 6

November 6, 2013 by

 

Vicki, 1st day of kindergarten

Vicki, 1st day of kindergarten

Monday, November 4th, 2013 was a continuation of the Evidentiary Hearing from  October to hear the testimony of Stanton Bloom, Atwood’s privately retained trial and sentencing attorney from 1985 to 1987.

Mr. Bloom, a successful and highly regarded defense attorney, has built an impeccable reputation for his passion of the law and our constitution, and is still said to be the attorney “you want in your corner”.  He started practicing law in Illinois in the mid 70s and when he moved to Arizona he brought an impeccable reputation with him. He continues to practice law today.

Frank Atwood was initially represented by Lamar Couser from the Pima County Public Defenders Office following his arrest for the kidnapping of my sister, Vicki Lynne.

Mr. & Mrs. John Atwood retained Mr. Bloom to represent their son, when he was not only facing kidnapping charges but murder as well. They claimed that their son had fallen victim to drugs and alcohol, but came from a loving and supportive home. They maintained this line of defense throughout the trial and the years that followed Atwood’s conviction.

Personally, I feel that Monday’s testimony from Mr. Bloom was significantly helpful for the State of Arizona in bringing justice for Vicki Lynne.

What is important to remember in this particular claim is that the defense has to prove that Atwood suffered from PTSD at the time of Vicki Lynne’s kidnapping and murder and that Stanton Bloom failed Atwood in his representation during the trial and sentencing.

On Monday, Mr. Bloom, in over two hours of testimony, was able to clearly explain his strategic legal defense of Atwood.  Stanton Bloom also testified that he was well aware of Atwood’s past, including Atwood’s feelings about society’s distorted views of sexual relations between adults and children, the molestation that occurred when Atwood was 14 (please note, Atwood did not feel that this molestation was wrong), Atwood’s drug and alcohol abuse, and the time Atwood spent in mental hospitals and prison/jail for crimes committed against children.

Mr. Bloom was able to testify to the state of Atwood’s mental health, and painted a very different picture of his former client than the current defense team is trying to present. He stated Atwood was having positive social interactions with him, his legal assistant, his mom, and other inmates, whom he gave counseling and encouragement to while he was in the Pima County Jail and awaiting his trial. And, that Atwood, who is an extremely intelligent person, was always taking notes, doing research and offering very constructive input in his defense.

In this particular line of questioning, Mr. Bloom was also able to clearly prove that he had had a history of dealing with clients with mental health issues, and he had even dealt with insanity cases prior to representing Atwood. Mr. Bloom was able to back up the knowledge and research he did by bringing in a suitcase full of books & literature on mental health that he referred to in 1985-1987 while representing Atwood, these books still remain in his possession today.

Mr. Bloom testified that not only did Atwood not want to have any evaluation by mental health professionals, that he actually refused and he and his parents strayed away from this line of defense, they maintained that the only problem Atwood had was drug abuse.

This was visibly upsetting to Atwood, as he sat shaking his head in disagreement. He testified in the October hearings that he had asked Mr. Bloom for professional mental health evaluations and Mr. Bloom failed to provide it.

Atwood lied. He lied under oath in court, and continues to lie about the kidnapping and murder of my sister, Vicki Lynne Hoskinson. He is a child murdering pedophile.

I do not envy the position that Stanton Bloom was in on Monday. He is a tenacious defense attorney with an impeccable reputation, and although he could have lied to help Atwood’s current defense team, he has morals and integrity, and he testified to the truth. Mr. Bloom is forward thinking, smart and ahead of his peers in the days he represented Atwood and now, that is clear.

We will optimistically and anxiously wait for the Honorable John Coughenour to make his ruling in this case in the next few weeks.

Justice is coming for Vicki, and it is coming soon.

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Justice for Vicki Lynne – Part 5

November 3, 2013 by
Carie, Vicki & I, 1979

Carie, Vicki & I, 1979

Phoenix

Monday, November 4th, 2013 we will return to Sandra Day O’Connor U.S. Courthouse in Phoenix, AZ for the last part of the Evidentiary Hearing in the case of Arizona vs. Frank Atwood.

It seems somewhat ironic that the final hearing will take place in the city that convicted Atwood 27 years ago of the kidnapping and murder of my eight year old sister, Vicki Lynne.

I remember the courtroom in 1987, I was 13 when I testified just a few feet from Atwood that I found my sisters bike laying in the middle of the street that fateful day in September of 1984. And I clearly remember the day the jury handed down the guilty verdict.

I have often wondered what happened to the jury that sat through three months of his trial, how did it affect or change their lives? Do they follow the case still? Do they know the man they found guilty in May of 1987 is still fighting?

Atwood was unable to have his conviction overturned when he claimed that multiple law enforcement agencies conspired to frame him for the kidnapping and murder of my sister by planting the paint from Vicki’s bike on the bumper of his car. This claim was ludicriuos but all of his claims have been.

Since his conviction has been upheld, and his parents have passed, he has moved onto claiming he suffered from PTSD at the time he murdered Vicki Lynne and that all of his attorneys did not affectively represent him, in an attempt to save his own life.

We are fighting him to save his life… a twisted oxy moron.

In 29 years, I’ve grown, gotten married, had children and lead a happy, productive life in spite of what was taken away from me that September day. I’ve lived each day without Vicki Lynne here, and there isn’t one that goes by that I don’t wonder who she would have been today. Would she have gotten married and had two boys since I had two girls? Would she have been a teacher? A doctor? A veterinarian? Or traveled the world?

I know that Atwood has spent the years since September of 1984 exactly where he needs to be. He has been unable to hurt or harm any more children, and that it’s time for this to be done.

We will attend the hearing on Monday, and wait for the Honorable John Coughenour to make his ruling sometime in the month(s) following. We are very optimistic that we will be one step closer to the execution of Frank Atwood, a child murdering pedophile.

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Justice for Vicki Lynne – Part 4

October 24, 2013 by
Vicki & I, 1979

Vicki & I, 1979

On Monday, November 4, 2013 at 2:00 p.m. in U.S. District Court in Phoenix, the Honorable John Coughenour has scheduled the continuation of the Evidentiary Hearing in this case.

On October 8th, a video deposition of Stanton Bloom, Atwood’s trial attorney, was entered into evidence. As previously stated, Mr. Bloom had a prior engagement out of town during these scheduled proceedings, a video deposition was ordered which Mr. Bloom gave prior to leaving town. We anticipated on this day we would watch approximately 30 minutes of this deposition. The judge stopped the playing of it after almost 10 minutes. He requested the defense make arrangements with Mr. Bloom to be in Phoenix for testimony on November 4th.

We will be back in court to hear the testimony from Mr. Bloom.

As I have been reflecting back to the three days we sat in court and listened to testimony, there are a couple things that I continue to think about.

During the testimony of the defense’s medical expert, she stated that when she did her evaluation of Atwood that she gave him the written documentation of her clinical diagnosis. He was able to read through this information prior to his examination by the doctor the State brought in to evaluate him for these proceedings. Why, given the critical need for the defense to prove PTSD at the time he murdered my sister, would the defense’s doctor provide him with materials of her evaluation in preparation for his next examination? I personally feel this jeopardizes the integrity of her diagnosis.

I am also anxious to hear from Mr. Bloom himself. There is conflicting information coming from him & Atwood, and once we hear Mr. Bloom’s testimony, we will be able to have a clearer understanding.

I personally find it hard to give any credit to anything this man has to say. At the time he murdered my sister, he was in the process of setting up a multi-state drug ring, he had preyed upon children from an early age and vowed the next one would not live to tell, after years of incarceration he still has tried to prey on children, he continues to demonstrate unstable behaviors, even threatening to kill “and hide the bodies like the others”. This is not a man with remorse or responsibility for anything he has done. He is still a danger to society.

We will never know how many children have been saved in the years that Atwood has lived on death row. And I know in my heart that justice is coming for Vicki, and it is coming very soon.

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