June 7th, 2017

On Wednesday, June 7th, 2017, the Ninth Circuit Court of Appeals heard oral arguments in our case.

It’s been two months since that hearing and I’ve written this and walked away, trying to find the right words to say what I wanted … The brutal truth is that I feel that the hearing on June 7th was the opportunity for the defense to have their final moment in the sun and they failed miserably.

There were three points brought forward that day:

1. Law Enforcement Misconduct. 

I was shocked they brought this out as I thought this argument had been previously ruled on and settled. I could give Mr. Hammond a list of software and apps I can use to enhance photographs. What he is trying to bring forward is “new photographic evidence” to argue that multiple law enforcement agencies collaborated across states in September of 1984 to frame Atwood in the kidnapping of a child whom was not recovered at the time, with photographs that are not date stamped. This seems to be one of the furthest stretching plots of a bad B movie I’ve heard. I actually feel bad that they still want to argue this theory, it was 1984. Why would any one person, let alone multiple Law Enforcement Agents from multiple agencies try to frame Atwood just days after the disappearance of my sister? If I were going to give the defense any advice, I’d say give up on this one….

2 & 3. PTSD and Ineffective Counsel.

It’s easier to group these two together for me, my brain hops back and forth with the two points, because I feel they actually meld together.

The claim or question is, did Atwood suffer from “Post Traumatic Stress Disorder” at the time he drove through our neighborhood, kidnapped my sister as she rode her bike innocently on a sunny afternoon, sexually assaulted her and then left her for dead in the dessert? And, why is this diagnosis important for the defense?

If it’s proved it would alert the sentencing that was handed down in May of 1987.

In 2013, in 3 days of testimony in the district court by Mental Health Professionals brought forward by both sides, they testified that Atwood did not suffer from PTSD until Post Incarceration, meaning after he had been in prison for the kidnapping & murder of my sister.  The Mental Health Professionals also agreed on the fact that they could diagnose him with Sociopath, Antti-Social Disorder & Pedophilia,

During the trial, Atwood’s attorney successful suppressed from the jury Atwood’s previous offenses that included the “groping and kissing” of 10 year old girl, the more violent sexual misconduct of a 4 year old boy, and I’m not sure if it is shown in any of the pre-trial or trial documentation but it was reported at one point that Atwood’s first offense was actually against an 18 month old baby, but because of his age and that of the child’s it was not presented in court.

Atwood does not think sex with children should be illegal. You should STOP reading this if you think sex with a child is ok….

At the time of trial Stanton Bloom had 2 of the 3 aggravating charges dropped. I’m not sure how people who have been through traumatic event’s in their life remember things, but for me, I remember things in parts and pieces like a putting a puzzle together, I was 11 when my life was ripped apart by Atwood’s crime. And my memories are often triggered by events like the hearing in June. What came out for me were raw emotions similar to what I felt in the days probably close to the time when Bloom successfully had 2 of the 3 aggravating charges dropped…  knowing the jury wouldn’t hear everything I thought they should, knowing Atwood is guilty of the murder of my sister, knowing it’s been proven, knowing the horrible things he did to children prior to taking her life, and knowing that the Ninth Circuit Court of Appeals could rule today and he could walk a free man. 

It’s a fear that is crippling in unexplainable ways to my family and I….

What I didn’t understand back from the time Bloom came to represent Atwood was that he was a pioneer in his field, Atwood’s parents went to the best to represent their son in one of the most notorious crimes in Southern Arizona in the 1980’s and his parents banked their money and prestige would once again free their son from yet another crime. They hired the best. They paid the best. And even though Atwood would swear he wanted his attorney to do something different 30 years ago to save his white ass from the punishment he’s going to receive in the murder of my sister, I didn’t understand that what Bloom would do all those years ago, his work, would actually help us today. And I believe that the Justices will agree with us on this point.

I haven’t spoken to one person in the years following that would say that Bloom did anything less than fight with passion to represent his client, by the law, even if he knew the truth. And I find it hard to believe that a defendant would beg their attorney to please make sure the jury knows they think it should be legal to have sex with children. Oh, and please please tell them about how I have been institutionalized and the crimes I’ve committed prior, and let me read the letter I wrote to my lover in Oklahoma in which I stated I would make sure the next child I sexually assaulted wouldn’t live to tell. Because anyone in their right mind listening to these arguments would not find sympathy in any defendant.

Which brings us to the ineffective counsel claim.

I’ll be honest, as a child thrusted into this reality, I thought Bloom was the most vile man aside from his client until many years later when I realized how hard he fought to defend Atwood would actually help us. He was a pioneer in his field, and continued to lead a very successful career up until his death. Regardless of his clients guilt, he fought tooth and nail to defend him.

And, I’m not surprised that Atwood would throw Bloom to the wolves now to save his own life, even though Atwood was uncooperative and adamant that Bloom make sure his history wasn’t revealed in court then, he’s been sitting in prison a long time, on Death Row, getting a college education, being married and breathing every day. He’s had a lot of time to reconsider what should have been done…. it boils down to the fact that Bloom represented Atwood in a way no other attorney was capable of in that era. And, I feel very strongly that the money that Atwood’s parents paid to have Bloom represent him has paid dividends for us now. His parents just banked on their money freeing their son once again from the punishment he rightfully deserved.

The most comical point of Hammond’s arguments from June 7th was when he emotionally claimed to the court that his client was “the most vilified criminal” in Southern Arizona. I could NOT believe my ears… literal jaw drop.

Sociopath. Pedophile. Anti-Social Disorder. Those are diagnosis by “Mental Health Professionals” given to his client, but he graveled to the court how his poor client had been “Vilified” and compared to Charles Manson. Pathetic argument at best. If I was a friend to Mr. Hammond, I would have felt very sorry for him watching …

But it lead me to wonder if Mr Hammond is successful in this appellate process to free Atwood, his poor vilified client, would he move Atwood into his neighborhood to roam freely, unsupervised? Better yet, I wonder if he would invite Atwood stay with The Hammond Family and their grandchildren, without supervision, of course, and prove to all of us that this poor vilified man won’t harm anyone.

Who am I kidding? Hammond isn’t gonna have Atwood over for dinner or let his client near his grandchildren. He represents one of the most vile people to walk this earth, but we wouldn’t want this man free in his neighborhood…

I’d like you to raise your hand if you could walk into a court room and be juror and know:

  1. The defendant has had sexual misconduct with children as young as 18 months.
  2. He was institutionalized and released because he wasn’t rehabilitatable (How is this even possible?)
  3. He thinks sex with children should be legal
  4. Even in prison he has tried to contact children
  5. He promised the next child wouldn’t talk

And not convict him on the scientific evidence that was presented in court without knowing his confession of the crime down to the details of her last cries.

What it boils down to, as we wait of the 9th Circuit to make a ruling is this:

  1. Can the court find truth in the photographic evidence?
  2. Does the court believe that multiple agencies collaborated to frame Atwood in the days following my sisters death without a body to prove she was even dead? She was missing a few days while this was going on.
  3. Bloom did not effectively represent his client.

In the weeks following the hearing the most common thing people said about it, aside from details that they never realized about his criminal history, was that in the hearing Vicki was never referred to by her name but as the victim.

I didn’t really know how to explain it to people other than to say that in the eyes of the court & attorney’s, she isn’t their daughter, sister, niece, cousin, friend…. she’s just another case… and it’s not to say they don’t care, they just still aren’t living this nightmare like we continue to.

So, we will remember her wisdom eyes, those glossy blues that were bigger than life. That she was a competitor whether you met her on the playground to play tether ball or on the fields to play softball, she meant business and you better be ready. That she may have wondered why you slept with socks on. That she didn’t like pizza but Vicki Lynne Hoskinson, 4tacos weren’t safe if she showed up at the table. That we drove the yellow Barbie jeep around the house what may have been a 1,000 miles and when we got in trouble we would still play together passing our things through our secret hole in our closet wall. She captivated an audience with her presence …. she just had this magic about her.

Vicki is more than a case to so many people, we are her voice, she will never be forgotten…

The Tree

It’s page 18 of 365 in 2016. One of my favorite quotes is by C.S. Lewis “There are far better things ahead than any we leave behind.” How true is that?

It’s been a busy 3 months since the last update to my blog, but really there has been no forward motion from the 9th Circuit Court of Appeals in our case since September. Frustrating? Yep. I’ve learned that a 30 year old case with a guilty defendant and miles of boxes full of documents just seems to bog down a very broken system with nothing we can do but keep looking to the horizon…

To be honest, I’ve struggled to write this blog for more than a week. I’m not sure why, when it comes to writing or conversation, I’m not usually a loss for words… those who truly know me can insert your comments and laughs here…

Looking back on all that has happened, both wonderful & amazing and heartbreaking & trying, and I feel I’ve really needed to stop and listen more … Who has truly had “ahhhh haaa” moments? I’ve had quite a few lately…

Vicki Lynne's Tree planted at Homer Davis Elementary School Arbor Day, 1985

Vicki Lynne’s Tree planted at Homer Davis Elementary School Arbor Day, 1985

See in February of 1985, we planted a tree in the courtyard of Homer Davis Elementary School where Vicki & I attended school to bring hope that she would be found alive. When Vicki’s remains were recovered in April of 1985, that tree continued to grow and bloom for 30 years. Last October (2015) it was uprooted and blown over in a storm… it was as if a piece of what we watched grow through our journey was gone and we were absolutely devastated. And, I feel we started to mourn again.

Our initial reaction was to replant a tree to replace it… and in time we realized we could never do that, it would never be the same. Honestly, I know with all my heart Vicki blew the tree over for a reason, and we may not be able to understand it right now, but in time, we will.

We were able to recover a substantial amount of the wood from the fallen tree and have plans as a family to have something made with it and rededicate it to Homer Davis at a later date. We will take the fallen pieces and make them beautiful again… just as we have done with our lives.

I want to make a very public thank you on behalf of myself and my family to Flowing Wells School District. From Dr. Baker, Mr. Miller, Governing Board, and the entire staff with a big SHOUT OUT to the Grounds Crew, each and every person has been so protective, caring and sensitive to us as we have moved through this process. The love that continues to shine in our community is extraordinary and comforting.

I will continue to keep my blog updated as we begin forward motion in the appellate part of this story, and as each day of 2016 unfolds, we will continue to look ahead and embrace our past as it is the seeds that continue to grow our future.

#dontforgetvickilynne #loveneverforgets

The last chapter…

An Opening Brief was filed by the defense in the United States Court of Appeals for the Ninth Circuit yesterday. 

The original file date was June 12, 2014 delayed to November 21, 2014, delayed again to March 12, 2015 and finally filed on May 11, 2015.  

It took almost 11 months to produce 99 pages arguing technicalities and reasons why Frank Atwood should not be put to death. Imagine the money the tax payers have spent in 333 days just for this brief? 

I am so relieved to have some sort of forward motion again…  for my parents, for my siblings, for my children, for my family, our friends… for our community.

But, I have to be completely honest here… I am having a hard time wrapping my brain around the fact that people actually get paid to defend a monster like Atwood. I know this may sound silly, but I can not imagine the time and man power it took to put together 99 pages of this crap!

And now… how many hours it will take the State of Arizona to rebut this…

On September 17,1984, Atwood hit my sissy with his car while she was riding her bike home from her best friends house. He drove with her in his car to the desert not far from our home and I can not fathom the fear she experienced on that ride. He sexually assaulted her. And, he didn’t kill her the first time, I know Vicki’s last words still haunt and puzzle him today… He would eventually bury her in a shallow grave in the desert… 207 days later only parts of her precious little body were found… placed in a small box and given to my parents to lay to rest. 

And more than 30 years later we are fighting him on technicalities. Nothing will change the fact that he brutally murdered this little girl in 1984. And I am confident that this brief will be the start of the last chapter in this book that has had no ending or justice for this beautiful little girl. 

Vicki Lynne Hoskinson, 4

Don’t forget Vicki Lynne.

April 12th… 30 years later…

It’s hard to believe that time has gone by so quickly… 30 years is a long time, but this day is still as vivid in my mind as yesterday. My heart still aches the same it did that day… that pain will never go away.

I wrote the following a couple years ago and felt the need to re-share it again today. Thank you for those who continue to follow our case and support us as we fight for justice for my sissy.

Reflecting back on April 12, 1985

Today marks a significant anniversary in my life. It is a day that is forever etched in my mind, a day to reflect and a day to be thankful for.

On September 17, 1984, my 8 year old sister, Vicki Lynne Hoskinson, disappeared from our neighborhood. She had gone on her bike to mail a birthday card to our Aunt Lori for our mom. When she didn’t come home, I road my bike to find her. At that time, being 11, there was no doubt in my mind that she had stopped off at a neighbors or was playing with kids from the neighborhood and had lost track of time. We lived in a community and time when you left the house, played outside & people watched out for each other. Kids didn’t just disappear, and if they did it happened on T.V. and not on your street, let alone to your sister.

Vicki had been gone 6 months, 26 days…. or 207 days total. 

April 12, 1985 was a friday, and I was sitting in Mr. Abrams 6th grade core class. When the door opened and one of the ladies from the office walked in, I knew she was there for me.  Mr. Abrams paused, looking down and then up at me. He squeaked out the the words that I needed to gather my things and go to the office.

I sat in the yellow polyester cushioned chair against the windows that looked down the sidewalk and out into the parking lot. I was 11, and trying to understand the world that I had been thrusted into so many months before. There, in the office of the junior high school, everyone was quiet, and working just as hard at keeping it together as they were trying to act like they were working.

I can not tell you how long I sat in that chair in the window, but I knew when I looked over my left shoulder and saw my parents walking down the sidewalk it’s as if the world stopped.

They had found my sister….

Today, 28 years, 6 months and 26 days later, I can close my eyes and remember that day. The warmth of the Arizona sun through the window in the office, the look first on Mr. Abrams face, then on that of my parents, and the feeling of despair by those who surrounded me.

There are no words to express how incredibly grateful I am for the man who went looking for his dog that day and stumbled upon her remains, for at least we could have closure and lay her to rest.

If I had a penny for every time I thanked him, and those who gave so unconditionally those months we searched for her I would have enough money to buy the world.

Today, I miss Vicki just the same as I have in the 28 1/2 years it has been since she was taken from us. And I appreciate how incredibly blessed I have been in my journey between here and there…

**Our family has set up a Vicki Lynne Memorial Scholarship Fund at Flowing Wells High School where I graduated, and Vicki would have. If you would like to make a donation in her memory, you can do so by sending a check to:

Flowing Wells Unified School District

Attention: Monique Mata

1556 W. Prince Road

Tucson, AZ 85705

Flowing Wells Tax Id # 86-6003684

Please make sure you indicate that the donation is for the

VICKI LYNNE MEMORIAL SCHOLARSHIP

I am also doing a fundraiser, Be-YOU-tiful Lashes for Vicki!!!! 100% of my proceeds will be given in her memory to a graduating senior at Flowing Wells High School in May!! If you haven’t tried our famous 3D Fiber Lash Mascara or LOVE all natural skin care & beauty products you will LOVE Younique!!! Click the link to shop!!!

www.youniqueproducts.com/SBrandt/party/1716475/view

Apache Lake, AZ, Vicki & I

Apache Lake, AZ, Vicki & I

Delayed until May 11th, 2015

Someone recently said to me “Can you ask the courts to change Atwood’s sentence to life in prison instead of the death penalty so you don’t have to go through this anymore?”

I said, “Sure, if I want to take the chance of him being a FREE man.”

“Why? I thought if we abolish the death penalty those guys just get life in prison…”

Let’s face it cases just like Vicki’s are classic examples of why the death penalty does not work. Delay after delay, appeal after appeal, hundreds of thousands of dollars spent, and heart ache with each step forward or back.

To honestly answer the question of WHY we don’t fight for life imprisonment for Atwood vs. our continued quest for the death penalty has nothing to do with closure for our family.

Based on the laws at the time of Atwood’s sentencing almost 28 years he would be parole eligible today. And, although I would like to think that a parole board would never grant him parole, I never dreamed in a million years that my family would still be fighting for justice for her 30 years later. The sheer thought of him possibly ever walking the streets as a free man is reason enough to continue my quest to fight for the death penalty.

For those who are under the impression that converting these ‘ol death penalty cases to life imprisonment would be simple and easy think again. It’s not.

Late yesterday we were notified by the Attorney General’s Office that Atwood’s defense team was granted yet another delay to file in their brief to the 9th Circuit Court until May 11th.

I realize that the defense is playing a game with time and lots of money. And, to try to express the frustration and anger is virtually impossible. The delay was well anticipated but the punch in the gut when you receive the news always feels the same.

What we will do is continue to push and fight for justice for a little girl who no longer has a voice. We will do our best to believe in a broken system. We won’t ever give up on her…

Don’t forget Vicki Lynne.

Vicki Lynne 1984

Vicki Lynne 1984

Delayed in the 9th Circuit… again…

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…

Delayed Until November

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.

Vicki Lynne’s Tree

Vicki Lynne’s schoolmates plant tree for her

It’ll blossom yellow for the missing girl

Headline from the Tucson Citizen, February 8, 1985

It was Arbor Day 1985 and the day that we planted a tree in hope for Vicki’s safe return in the courtyard of Homer Davis Elementary School where Vicki was in the 3d grade. Along with the tree, a time capsule was buried full of poems, pictures and letters to Vicki from her family, teachers, friends and classmates.

Today it is a beautiful bloom of yellow that continues to give us life.

Vicki Lynne's Tree planted at Homer Davis Elementary School Arbor Day, 1985

Vicki Lynne’s Tree planted at Homer Davis Elementary School Arbor Day, 1985

Last October (2013) longtime friend, Judi Spencer, approached our family with an idea from her son, Travis. He wanted to make a plaque to mark the tree, and help future generations understand the significance of the Palo Verde tree standing so tall today.

Judi and her two children, Travis & Jennifer’s friendship weaves a special place in our hearts and lives.  Jennifer was Vicki’s best friend, and the last person to see her alive before she was taken from us in September of 1984. They have walked this incredibly tough journey with us all these years andTravis’ desire to make this plaque makes it all the more touching.

Vicki’s Lynne’s Tree now has a beautiful plaque made with love and the story will hang in the office of Homer Davis Elementary School for all those to read.

Plaque for Vicki Lynne's Tree made by Travis Spencer, 2014

Plaque for Vicki Lynne’s Tree made by Travis Spencer, 2014

Justice for Vicki Lynne – Part 7

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.

 

 

A Victory for Vicki!

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.