Justice for Vicki Lynne -Part 3

 

Vicki Lynne, 4

Vicki Lynne, 4

Today we returned to court to listen to the closing arguments in the Evidentiary Hearing in the case of the State of Arizona vs. Frank Atwood.

First and foremost, I want to point out that I feel a tremendous amount of respect for the State of Arizona, and the Attorney General’s Office. Lacey Gard, along with her team, did an outstanding job. I feel without a doubt, that they have poured an incredible amount of time and preparation in making sure there will be justice for Vicki. What I respected most about the closing arguments today was Mrs. Gards ability to stand in front of the judge and speak from what she confidentially knew. I always appreciate an argument that comes from the heart and not from a scripted speech, if only we all lived more from our heart…

The defense team has a enormous amount of responsibility to prove both ineffective counsel along with their claims that Frank Atwood suffered from PTSD at the time he murdered my sister. I do not feel that the defense had enough evidence to substantiate both claims. In closing arguments, the defense team was able to recite many cases that could have an effect on the outcome of this particular hearing, but were unable to present solid factual evidence to support their claims.

To clearly show ineffective counsel, they are second guessing strategic legal decisions that were made 29 years ago. As I look back and investigate the case, I feel that Stanton Bloom, trial attorney, was forward thinking and ahead of his peers in those days, he continued to build an impeccable career even after losing the Atwood case. I feel that the defense was also unable to clearly point out where Mrs. Ryan & Mr. (Dan) Davis (deceased), Frank Atwood’s first two appellate attorneys, were also ineffective in this case.

In the argument that he suffered from PTSD, no one can pin point “trauma” in any of his prior records. Even though PTSD may not have been a established medical diagnosis in the 1970s and into the early 1980s, if true trauma was being displayed by Atwood, the countless physicians, therapists, nurses or staff that interacted with Atwood during his stints in and out of treatment and jail would have still notated “trauma” somewhere. There is no record. It is said that the two medical experts who testified in this hearing on Monday read in access of 11,000 pages of documents to prepare for their testimony. The States expert spent more than double the time preparing for her testimony than the doctor the defense team presented. When the States doctor testified, the doctor that represented the defense could not argue any of the claims or diagnosis that the States doctor made. I feel if there was anything solid and compelling to support the claim of PTSD, the defense would have brought back to the stand their expert to rebut the testimony made by the states medical expert. One other significant point in the testimony is how Atwood, through the years bragged about his “ability to fool mental health professionals”. He is an extremely intelligent, manipulating, conniving, and disturbing person.

What I found most interesting as I reflect back on the last three days, is that Frank Atwood and his defense team, are blaming his parents for his actions.  The judge put a halt to the defenses line of questioning when it came to his parents, as they were not present to defend themselves, but the defense found other ways to try to state that it was their fault their son suffers from anti-social disorder, pedophilia and is a sociopath. I find it ironic that Atwood waitied until his parents were both deceased to bring up this part of his past. He continues to tarnish the reputation of his father, who was a wealthy, well respected man in his community, and a decorated brigadier general.

At the time of his arrest for the kidnapping and murder of my sister, Frank Atwood was in the process of setting up a multi-state drug ring. And, in letters which were submitted into evidence, Atwood clearly stated he was looking for another child, this time though, that child would not live to talk. A planned, thoughtful, premeditated process. He was in complete control of his actions then and now.

Over the course of the last three days people have filed in and out of the court room, many who I knew…some I didn’t. But I was approached at one point and the person privately shared with me that they had followed this case since the day that Vicki disappeared and have never forgotten her. That they needed to share with me that Frank Atwood still reminded them of Charles Manson and they only hoped that justice will prevail. Why do I share this? Because in the thousand plus emails, texts or conversations I have had in recent months, it was amazing that a total stranger would seek me out after so many years and bare such personal feelings.

Tonight, as I sit looking out onto the lights of the city that I grew up in, a million things are flashing through my mind but the most significant is that while the city has grown, so has it’s dedication in bringing justice to Vicki. Thank you for not forgetting Vicki Lynne…

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!

Justice for Vicki Lynne – Part 1

Vicki Lynne 1984

Vicki Lynne 1984

Yesterday, we sat through the first of three possible days of hearings while we fight for Justice for Vicki… And although some of the information presented was somewhat disturbing at times, I truly feel that it was a good day for us.

In a nutshell, the defense needs to prove that Frank Atwood suffered for PTSD (Post Traumatic Stress Disorder) at the time that he murdered my sister, Vicki Lynne. (Please note, we are not in court arguing his guilt in this crime, that has already been proven and upheld.)

A few points from yesterday:

1. I feel that the defense was clearly unable to make the argument of PTSD  based on the testimony given by both doctors that were called to give their professional opinions in this regard. There was no indication that Atwood suffered “trauma” in the “thousands” of pages of his mental health records or documents provided by the department of corrections, and even though PTSD may not have been an established diagnose in the 1970s, there would have been written documentation of “trauma” had Atwood truly suffered at that given point and time.

2. The defendant, on his own admission, has threatened people, including Correctional Officiers & their families, that he would kill them and “hide the bodies like the others”. He has not only been a target of violence in prison due to his numerous crimes against children, but he also continues to instigate it.

3. Although a diagnose of PTSD was not clearly made by the defense, it is the opinion that the defendant suffers from social anxiety disorders, pedophilia, is a psychopath. He continues, to display these behaviors today even in incarceration. It was also stated that Atwood is not fit to live in society.

4. The defense did NOT recall their expert witness after the State presented their medical testimony.

5. The defense continualy brought up the defendants own sexual abuse at age 14, however, there was also testimony to the fact that the defendant was under psychological care with his mother as early as 6 years of age. And, although it was not discussed in court, it has been said that at age 11, Atwood was sent off to military school after he attempted to kill his own mother. He has a long history of abuse and violence.

6. The defendant, in numerous written records, does admit to the fact that he never felt that he was “molested” and feels that “sexual acts between adults & children should be legal”.

7. That as late as 1995, Frank Atwood tried to “sponsor” a child from prison and had requested pictures of that child.

I feel that all of this information was very helpful in arguing the fact that Atwood was in full control of his actions when he was molesting children, and when he murdered my sister.

I will keep you updated here daily as we continue to attend the proceedings, but you can also follow live updates at www.kvoa.com as Kristi Tedesco & Samantha Ptashkin report from the court. We appreciate the outpour of love and support we continue to receive from our family, friends, and our community. Thank you all for not forgetting Vicki Lynne.

The Writ of Habeas Corpus

Vicki Lynne, Age2

Vicki Lynne, Age2

The days in recent weeks have been a blur of activity as we prepared to travel to Arizona  to attend an Evidentiary Hearing that will be held on Monday, October 7, 2013.  During this hearing, the defense will attempt to prove that there was ineffective counsel during the original sentencing and initial appellate phase AND that his supposed mental illness (PTSD – post traumatic stress disorder) was never entered into evidence – all in an effort to have his current sentence altered and the death sentence removed.

From September 1984 to now, we have battled Frank Atwood and the criminal justice system to bring justice for Vicki. He was sentenced to death in May of 1987, and since then this case has made its way to the U. S. Supreme Court, first on an automatic appeal, and again during the Post Conviction Release Appeal, both of which were denied. The Writ of Habeas Corpus, (the petition in which we are dealing with now) was filed in March of 1998. In this petition there were 43 claims, all which have been denied, except this last one, the reason for the Evidentiary Hearing on Monday.

When my sister was kidnapped and murdered 29 years ago, I would have never imagined that I would still be dealing with her murderer today. And, although I could have never truly imagined that our journey would have gone the way it has, I would have never thought that I would be packing my family and traveling to Arizona for one last hearing.

We will attend the proceedings to represent Vicki. To say that we feel an incredible amount of injustice at the length of time we have had to battle this would be an understatement, but we continue with our family, our friends and our community to seek justice for Vicki. And, it is close.

29 years after her death, Vicki Lynne’s killer gets a hearing | KVOA.com | Tucson, Arizona

Vicki Lynne Hoskinson, 4

29 years after her death, Vicki Lynne’s killer gets a hearing | KVOA.com | Tucson, Arizona.

Keeping Tucson clean one mile at a time!

It’s time for the quarterly cleanup of SR-77, mile 89-90, “Don’t Forget Vicki Lynne” 2/2/76 – 9/17/84 .

Our family has joined with two others to keep three miles of highway clean in north Tucson in memory of our loved ones. We break into groups, if you show up to do Vicki’s mile, you will actually be cleaning up her mile.

The date has been set for 8:00 am on Sunday, September 29th, 2013

My sister, Carie, has taken over the primary responsibility for the mile in honor of Vicki as our parents are now here in Montana. With the help of our brother Brian, they can use a few volunteers to clean the mile.

We ask that if you can attend that you meet at Anthony & Crystal Cillittos house at 8:00 am. You can shuttle over to the mile sites from there.

Crystal will go over the rules with you before you start. Remember to bring gloves, a garbage picker upper (if you have one), hat, water etc. Safety vests will be provided. No children under 12 allowed. (State rules…sorry) wear good shoes, no sandals or shorts.*NOTE: It is snake season and likely that we may encounter one on the highway. Please be sure to wear long pants and boots/hiking shoes if possible!

Anthony’s address: 15431 N. Coronado Forest Dr. in Catalina.

The clean up normally takes about 1- 1 1/2 hours depending on the number of people who show up to volunteer.

Please do not hesitate to contact me directly with any questions you may have. Our family is so incredibly grateful for those who can help us give back to our community.

Thank you for your continued love and support!!!

Vicki Lynne 1984

Vicki Lynne 1984

National Day of Remembrance for Murder Victim’s Candlelight Vigil

Dont Forget Vicki Lynne

On Friday, September 27th at 6:30 pm Arizona Homicide Survivors is having a candlelight vigil to remember those we have lost due to murder. It is a way for us to honor our loved one, and meet other survivors. We are inviting our Arizona family & friends to attend not only in support of Vicki Lynne, but for all those who have lost their life in such a tragic way.  We encourage you to wear your Remember Vicki Lynne T-shirts or a yellow ribbon on her behalf.

The Vigil will take place at Reid Park, ramada #3, east of the rose garden by the big lake.  Candles will be provided by Arizona Homicide Survivors and they will also be displaying memory boards of our loved ones.

Arizona Homicide Survivors has supported our family for the last 29 years. They are a wonderful organization that helps people when they are faced with unspeakable tragedy. I hope that you can help us show our support back to them for all that they have given to us.

Follow them on Facebook or http://www.azhomicidesurvivors.org.

September 17, 1984

It’s hard to imagine that day was 29 years ago, sometimes I feel it like it is now.

As another year passes, I would like to take today to honor the anniversary of Vicki Lynne’s death with stories and memories, whether you knew her or if her life impacted yours, I invite you to share. How Vicki died is not the most important part, it was just the beginning of many things. How Vicki continues to live in our hearts and how she touches our souls is so much more.

I see her in the faces of my two girls everyday, especially in my youngest daughter, Mackenzie. She has her Aunt Vicki’s blue eyes, her freckled face, her gapped tooth smile, and witty personality.  Boy, can she entertain you… just like Vicki used to… Mackenzie also has her love for softball. Last Wednesday night they got their team shirts for fall league, Mackenzie is sporting a pink #8 … Vicki’s favorite color and the age she was when she left us. And, although Madison favors me in her appearance, she has many mannerisms that remind me of Vicki, the way her eyes look at you, how she giggles and how gentle her soul is.  These are daily gifts that bless my life.

And, I have many memories to share … but if I were to share one of our favorite things to do, it comes from a picture that caught us nose to nose sitting in the back of our boat at Apache Lake (AZ) with our father skiing behind us.  We loved going to the lake, swimming, playing, water skiing but laying underneath the night sky counting the stars above tops my favorites. I still find myself staring off into the sky at night and waiting for a shooting star, which I know are her gifts to me.

Apache Lake, AZ, Vicki & I

Apache Lake, AZ, Vicki & I

So today, share with me, your stories, your memories or how she impacted your life. Help me honor her memory in a positive way. And thank you, from the bottom of my heart, for never forgetting Vicki Lynne…

 

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

 

 

 

The Golden Birthday

Today, we celebrate Madison’s “Golden Birthday”, she turns “11” on June 11th.

We have talked about this day for a while, along with the fact that she is leaving elementary school to go to the middle school in the fall. A lot of “changes” in our lives, most significantly in Madison’s.

Madison Lynne came into this world with big beautiful eyes, looking at us so quiet and sweet as though we may have just interrupted a nice little nap. (She was delivered emergency c-section) She was calm and perfect in every way. Eleven years later, at 11:59 a.m. we will make her “Golden Day” official!!!!

She is still calm, sweet and perfect in every way.  Madison is quick to love, shy but friendly, kind and gentle in nature. She loves horses, to write, to draw and has a new found love for softball. She is up for a game in the backyard any chance she can.

Madison, as you grow, Dad & Mom hope for you that….

You continue to love your family, friends and your animal-friends in the very unconditional way that you do right now…

That you never doubt how amazing you are, when you smile, when you draw, when you write, when you are helping Mackenzie, when you giggle…

You never, ever lose your passion for drawing or writing…

That you will always listen to your heart and never let fear stop you from doing anything…

And most of all, how much we love you, every minute of every day…

Happy “Golden” Birthday Madison!

Horse Drawing, March 2, 2013

Horse Drawing, March 2, 2013