The last chapter…

May 12, 2015 by

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.

Filed Under: Vicki Lynne Tagged With: , , , , , , , , , , , , , ,

Delayed until May 11th, 2015

March 20, 2015 by

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

Filed Under: Vicki Lynne Tagged With: , , , , , , , , , , , , , ,

Grieving through the holidays

December 23, 2014 by

“This is the most wonderful time of the year…” I love what the holidays bring to our home. The traditions we continue to embrace, the time with our family and friends building memories and remembering the true meaning for the season.

But, I have to admit, it can also be the most difficult time of the year. My heart has ached in recent weeks as I have scrolled through social media and had a glimpse into the personal loss and mourning or struggles with illness that so many of my friends are going through. One who just lost his brother in a tragic car wreck, one whose young son is battling the ugly “C” word, one who will have her first Christmas without her mom, another who had to say good-bye to their family dog, one who’s husband is battling the ugly “C” word along with other’s who are living through another year without their grandparents, parents, siblings, spouse or best friend…

Grieving through the holidays is the hardest thing I continue to do in my own life. When one of my dearest friends posted pictures on Facebook of the beautifully decorated gravesite of my sister, I wept and memories flooded my mind of Christmas past, especially the first one without Vicki…

Vicki's Gravesite December 12, 2014

Vicki’s Lynnes Gravesite
December 12, 2014

Such a bittersweet time of year.

So, as Christmas is approaching, my wish is that you take a moment out of your busy and hectic schedule to reach out and say hello. Call someone you haven’t talked to in a while, flash a smile to a stranger, but let people know how much you love them, no matter the time or distance between you. Take a moment to get on your knees and pray. Life is a beautiful amazing gift, no matter how hard this moment may be.

From my family to yours, I wish you all the very best this Christmas season.

Filed Under: Vicki Lynne Tagged With: , , , , , , , , , ,

Delayed in the 9th Circuit… again…

November 19, 2014 by
Vicki & I, 1979

Vicki & I, 1979

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

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

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

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

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

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

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

Filed Under: Vicki Lynne Tagged With: , , , , , , , , , , , ,

September 17… 30 years later

September 17, 2014 by
Vicki Lynne 1984

Vicki Lynne 1984

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filed Under: Vicki Lynne Tagged With: , , , , , , , , , , ,

A Victory for Vicki!

January 27, 2014 by
Vicki Lynne 1984

Vicki Lynne 1984

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

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

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

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

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

Don’t Forget Vicki Lynne.

 

Filed Under: Vicki Lynne Tagged With: , , , , , , , , , , , ,

Go raibh mile maith agat!

January 3, 2014 by

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

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

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

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

We will pray and wait.

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

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

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

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

Filed Under: Vicki Lynne Tagged With: , , , , , , , , , , , , , , ,

Justice for Vicki Lynne – Part 6

November 6, 2013 by

 

Vicki, 1st day of kindergarten

Vicki, 1st day of kindergarten

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filed Under: Vicki Lynne Tagged With: , , , , , , , , , , , , , , , , , ,

Justice for Vicki Lynne – Part 4

October 24, 2013 by
Vicki & I, 1979

Vicki & I, 1979

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

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

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

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

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

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

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

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

Filed Under: Vicki Lynne Tagged With: , , , , , , , , , , , ,

Remembering Vicki Lynne…

October 13, 2013 by

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!

Filed Under: Vicki Lynne Tagged With: , , , , , , , , , , , , ,