Justice for Vicki Lynne – Part 2

Vicki Lynne, 4

Vicki Lynne, 4

Today was the second day in the Evidentiary Hearing in U.S. District Court before the Honorable John Coughenour.  The purpose of today’s testimony was for the defense to show that the attorney’s that represented Frank Atwood during his trial, sentencing and initial appellate phases of this case were all ineffective. The defense has a very difficult job in proving all his counsel was ineffective, as Mr. Bloom and Mrs. Ryan are both extremely respected attorney’s in their field, 1984 to the initial appellate phase of this case and now, these two attorney’s are regarding the best of the best. Both continue to practice law, with impeccable reputations.

The defense called Carla Ryan, counsel to Frank Atwood in the initial appellate phase; John Davis, the Prosecuting Attorney who successfully convicted Atwood of kidnapping and murder of Vicki Lynne in March of 1987; Frank Atwood, the defendant; Debbie Gaynes, Paralegal to Stanton Bloom who was Frank Atwood’s privately retained trial attorney; and finally Stanton Bloom via pre-recorded video deposition. Mr. Bloom was Frank Atwood’s private attorney who represented him from approximately August of 1985 through the sentencing phase of the case.  He is presently out of town with a prior engagement and was unable to attend the proceedings.

What I found most interesting about today’s testimony was that Frank Atwood’s team of attorney’s are attempting  to destroy the reputation of the people who represented Frank Atwood 29 years ago in effort to save him from the death penalty today. Again, there is NO disputing Frank Atwood’s guilt in this case. It has been proven and upheld.  (Please note, that Frank Atwood still maintains his innocence in this crime, however, there is a documented confession from him that was inadmissible in court in 1987. Since we are only focusing on his counsel’s lack of representation and his very disturbing criminal & mental history those are things that are not be discussed right now.)

Frank Atwood took the stand to maintain that he never refused any medical evaluation and that his attorney, Stanton Bloom, did not order any. He also testified to the fact that he wrote Judge Hawkins (presiding judge at the trail and sentencing phase, now deceased) a letter prior to his sentencing but he did not request that the judge seek a medical evaluation or take a further  look into his disturbing past. I realize that that was not necessarily Atwood’s responsibility as a defendant, but everyone was well aware of the fact that he was facing the death penalty, and quite frankly, if he felt that his attorney was not doing an adequate job to save him from the “chair” (method of execution in 1987) one would think he would have exercised his right to disclose that to the judge prior to the sentencing. Only because now it could save him from being executed is he concerned about it.

When Mrs. Gaynes took the stand, she could not remember anything. Pathetic, honestly. She is willing to participate with the defense that Mr. Bloom did not do an effective job, to save a child killing monster based on her defeat in losing the case. She testified to the fact that she saw the conviction as an ‘injustice’… honestly, I about threw up in my mouth.

I was 11 years old when my sister was kidnapped, raped and murdered by a habitual pedophile who is still seen as unfit to live among us even though he has been incarcerated for 29 years. What I remember most vividly as a young girl, was how infuriating Mr. Bloom made me.  I recognize, that as I listened to the people around us talk about the trial preparations one things rings clear in my mind and that was how extremely effective, efficient and thorough he was. Mr. Bloom did everything he could, had access to and beyond, in his representation of Frank Atwood from 1985-1987. That is without a doubt!!!!!

I have tried, on numerous attempts, to make eye contact with Frank Atwood, especially as he sat directly in front of me on the witness stand. He refused only looking to the ground or towards his attorney’s. He is a coward. A child raping,  murdering coward.

We will go back to court tomorrow am to hear the closing arguments in this hearing. They will take place at 10:00am.

When we left this mornings session, my husband and I were walking outside the courthouse when I saw a penny on the ground in front of me. When I picked it up I looked to see it was dated 1976… the year Vicki was born. Thank you Vicki… I needed that gift today!

September…

The start of fall, back to school and routines, which I love after a fun Montana summer and this one has been a good one! The days are starting to get shorter, the mornings are cool, crisp and smell like a little bit of heaven. We are harvesting our garden and enjoying the fruits of our labor. The leaves are starting to change, one of the things that I love the most about living here in God’s country.

We will celebrate birthday’s and wedding anniversaries, play softball, enjoy some day trips to explore in our “backyard” and hopefully get some fishing in. Life is really good…

But, as I reflect and enjoy all the amazing things around me, I still have that stinging sadness, as September marks another year that my sister has been gone… It’s hard to explain, because like I said, life is good. It just seems when the calendar turns and September comes my heart feels different, even after 29 years…

There is a lot happening right now, so I recognize that I am feeling a little more sensitive than most years, so today when I received an email from my cousin, Rebecca, I was really touched. She wants to pay tribute to Vicki this month and ask our family and friends to tie yellow ribbons to their car antennas, mailboxes or even wear them as a symbol that ‘we will not forget Vicki Lynne’. When Vicki disappeared, Tucson turned into a sea of yellow ribbons, yellow bumper stickers reading “Don’t forget Vicki Lynne” were on cars at every intersection and occasionally I have people tell me they still see them on cars driving down the road… 29 years later…

So, I invite you to join us in honoring Vicki this September as we mark the 29th anniversary of her death. Tie a yellow ribbon to your car antenna… your mailbox… or wear one. Share with us, stories, memories and make this a time of positive reflection on the little girl who changed our community. Don’t forget Vicki Lynne.

Tree Planting Broadway & Randolph,  Tucson, AZ December 1984

Tree Planting Broadway & Randolph,
Tucson, AZ December 1984

 

 

 

Honoring Victim’s Rights

April is National Crime Victim’s Rights Month, it has been honored since 1981.

In September of 1984, when my younger sister, Vicki Lynne, was murdered, Arizona did not have legislation in place to protect us as victim’s of this crime or give us equal rights in the courtroom as we watched the conviction of her murderer take place.

In 1990, after years of hard work by people, including my mom, Debbie Carlson, Arizona  voters passed legislation to implement the Victim’s Bill of Rights, it went into affect in 1991. Today, the Pima County Attorney, Barbara Lawall, and her office still work passionately to keep this legislation in tact, and grow the Victim Witness Program to lead our nation in this movement. It has been a tremendous battle in the years since the changes in these laws have taken place, and such a crucial part of helping victim’s when dealing with heinous crimes.

This past Monday, I took part in a radio interview on the John C. Scott Show (Arizona), with Barbara Lawall to help promote Victim’s Right’s Week and talk about some of the things that happened to us as victim’s prior to the legislative changes that were made in 1991.

02 Stephanie (Hoskinson) Brandt Interview

(Audio Clip from John C. Scott Show, Monday April 15,2013)

During the interview we discussed the hours of depositions that my mom and I were subjected to by the defense counsel and the unfair treatment we had in the courtroom during the sentencing hearing. Two instances in which we, as victims, were treated so unfairly. Today, because of the Victim’s Bill of Rights, this would not happen.

There are many stories to share from our 28 1/2 year journey, many of them start out so inconceivable and end incredibly positive like the legislative changes that were made in 1991.

I hope that we all can take a moment to not only honor Victim’s Rights as a whole, but to also give thanks to those who give so unconditionally in the wake of crime and terror to make a positive impact to those, like ourselves, who are directly affected. There will alway be horrible, terrible people in this world, but the good will always prevail.

 

Yellow Ribbon in Memory  of Vicki Lynne

Yellow Ribbon in Memory
of Vicki Lynne

The Death Penalty

This subject is as touchy as talking politics & religion. Everyone has an opinion about it, and I have mine. I don’t expect that everyone who reads this is going to agree with my views, and I respect those who will disagree with me.

I should warn you that this is not something that I want to debate here, I am open for “real” conversations if you seriously want to adventure there with me. 

Many of you who are reading this know my story, and you have walked this long journey with my family & I. For those who don’t, should know that when I was 11, my 8 year old sister, Vicki Lynne Hoskinson, was riding her bike in broad daylight when she was kidnapped, raped and brutally murdered by a disgusting monster who was on parole from California and lurking the streets of our little community in Tucson, AZ. Frank Atwood, a previously convicted pedophile who had been molesting children from an early age, sits on death row for his crime, he’s been there since 1987.  Vicki was murdered September 17, 1984.

Vicki, just 18 days before she was murdered in 1984, age 8

YES, I support the Death Penalty. I feel that it should remain on the books as an OPTION in heinous crimes, especially those committed against children.

So why this blog today? Last week a judge ruled that “Montana must change the way it executes prisoners after ruling that the current method is unconstitutional; giving a victory to death penalty foes that could be short lived.”  (The Daily Interlake) This affects the two inmates who sit on Death Row in Montana. The ACLU has already stated that it will push for legislative change in this matter, they have been trying hard to abolish the death penalty in Montana for many years. The Death Penalty is an OPTION and I will continue to personally fight to keep this law on the books.

Then there was this flyer that I came across for a fundraiser to be held later this month in Tucson, AZ.

  

The MUDERER’S drawing was on their flyer,

I won’t publish it on MY blog

a view from death row

Drawings by Danny Jones

September 29, 2012 Noon to 4pm

Pima Friends Meeting House
931 North 5th Avenue Tucson, AZ 85705

speakers including Danny Jones (via telephone) (FROM DEATH ROW)

Nancy and George Mairs
Joe Taylor (Pima Friends Meeting)

Gene Hall (curator)

Music and Refreshments Provided by
Pima Meeting Peace and Social Concerns Committee Donations accepted on behalf of
the Coalition of Arizonans to Abolish the Death Penalty

Do I have a problem with the fact the Coalition of Arizonans to Abolish the Death Penalty is raising money for the their cause? NO. Do I have an issue with the fact that another monster sitting on death row with Frank Atwood will actually be a “guest speaker”?  YOU BET I DO. It is utterly and completely ridiculous and it makes my blood boil.  Danny Jones, the man who murdered three innocent people, Robert, Katherine & Tisha in 1992, will have his drawings displayed and speak to help this organization raise money.

This is as absurd as the fact that while Frank Atwood has sat on death row he has earned college degrees and wrote books. It is DEATH ROW people! When did it start that OUR tax payers dollars went to the higher education of death row inmates?  Where does it stop? I wonder how many members of the Coalition are victims of heinous crimes whose perpetrators are sitting on Death Row? Or why, they feel that it is important now to define the talents of a monster who thoughtfully took lives of innocent people rather than spending their time and efforts on helping children, educating the poor, building houses for the homeless, or feeding the hungry?

I could go on for days … literally. For now, I’ll stop and hope that for at least this moment I have raised some questions in your minds. I know I am starting to question what I can do to stop death row inmates higher education and “guest speaking” engagements.