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.

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

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.

 

Go raibh mile maith agat!

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!

Justice for Vicki Lynne – Part 6

 

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.

Justice for Vicki Lynne – Part 5

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.

Remembering Vicki Lynne…

This last week our family and friends spent three days in U.S. District Court as we continue to fight for justice for Vicki Lynne. As I reflect back on last week, I am reminded how important it is to remember who we are fighting for. February 2, 2013, on what would have been her 37th birthday, I posted the following blog about my sister, Vicki Lynne. It was my hope to share my fondest memories about Vicki, and if you didn’t know her before her death that you know a little more about her now. Thank you for helping us Remember Vicki Lynne…

Ground Hog’s Day, jokingly known as “Hound Hog Day”, is also my sister, Vicki’s birthday.

This week at school our girl’s learned about Punxsutawney Phil and what it means if he will see his shadow or not. As we discussed the meaning of today, I shared with the girls that Ground Hog’s Day is also Aunt Vicki’s birthday. And how when she was small she couldn’t say her “G’s” very well so she would call it “Hound Hog’s Day”.

Madison & Mackenzie often ask me questions about Vicki. “Mom, Did Aunt Vicki like horses?” “Do you think she would like to ski?” “What was her favorite color?” “Did she draw well?”“Did she play with dolls?” “Could she run fast?”

These questions happen randomly and sometimes catch me off-guard. It makes me happy they are curious to know more about her, but it also has made me realize that sometimes we may talk more about what happened to Vicki than about her life.

Vicki's 8th Birthday Party

Vicki’s 8th Birthday Party

Vicki’s favorite color was pink and she loved Strawberry Shortcake.

She was a fierce competitor and would “scrap with the best of them” if you ask our elementary p.e. teacher, Coach Hall.

Vicki had a fire in her eyes that let you know she was serious, and a smile to go with her amazing blue eyes that would melt your heart.

She would light up a room when she walked in and entertained you.

Vicki did not liked to be teased about her freckles… aka… angel kisses.

Her nickname was “Oooggle Boogle”.

She wanted to learn to twirl a baton.

Vicki was proud of her younger brother, and giggled when we dressed him up in girls clothes and strolled him around the block..

She was proud to be a “Girl Scout Brownie”… we still have her uniform.

Vicki spent many Saturday nights cheering her Papas on at the race track, she was proud of him!

She loved tacos, but hated pizza.

Vicki was “Annie’s” double.

She loved her pink bike.

Vicki was a softball playing machine. And, she meant business on the field. This must have been a natural family talent.

She loved playing barbies and having sleepovers.

We loved it when our Aunt Kimmy made us spaghetto’s and french fries.

And, although I have many memories, one of my favorites is the times we spent out underneath the starry skies at the lake.

Today I hope that if you didn’t know her before she passed away, that you know a little more about her now.

Her life was short, but it was packed full of LIFE. And, I never want to lose sight of that or stop sharing our stories and memories of her.

Happy 37th Birthday Vicki… We love and miss you!

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!