The cases of Ayla Reynolds and Hailey Dunn are two cases which, seemingly, are not difficult to understand, yet puzzle those who yearn for justice, as to why no arrests have been effected.
Some blame police, and some blame prosecutors. In both cases, there is little mystery as to the fates of the missing children, and no debate on "who done it?" amongst commentators.
It is the Jonbenet Ramsey case, when viewed dispassionately, that is a visible reminder of what can go wrong in our justice system.
A child was found murdered in her own home. Statistically, this puts the immediate suspicion upon the parents.
We learned that the 6 year old was involved in child beauty competitions, and was dressed in an inappropriate sexualized manner. (Reference point: mid 1990's. Since that time, the sexualizing of children has become more accepted, culturally, as seen in the child pageants in all their extremes, on television).
The sexualization of the 6 year old child shocked most Americans and increased suspicion upon the parents.
Next, the behavior of the parents:
They sought to immediately leave the area.
They refused to submit to police interviews.
They refused to take polygraphs to clear themselves.
They lawyered up and worked against the police in solving the crime.
The Ransom note was not only a fake, but it came from within the house, and its length and content showed knowledge of the family and fearlessness of being found out, as seen in the 'practice' note.
The content showed linguistic ties to Patsy Ramsey.
Statement Analysis showed not only deception on the part of the parents, but linguistic indicators of sexual abuse, not surprising given the sexualized appearance of the child, as well as the many urinary tract infections and chronic bed wetting. Individually, these things can be dismissed, but when taken in a whole, portray a tragic life for the child.
The police concluded that Jonbenet Ramsey died in the home, under the care of the parents, who then engaged in a cover up, feigning kidnapping and a staged murder scene.
They presented this to Alex Hunter, the District Attorney, who appeared to work against the police.
What was at stake?
It would be Alex Hunter versus high priced Ramsey attorneys, who are paid many more dollars per hour than Alex Hunter and his team of lawyers, the "assistant district attorneys."
Hunter then took to publicly disparaging the police.
The war began.
The war should have been Hunter versus Ramsey attorneys, but Hunter made it:
Hunter versus the police he was paid to represent.
This is where the fear factor comes in.
When a new attorney joins the district attorney's office, the new attorney is gaining valuable experience, particularly, in court. As a prosecutor, the "win versus loss" record is very important. The greater the record, the more likely that a private firm will snatch up the talent with a salary often 400% or more greater than the state pays.
This leads to a drain of talent.
Rather than dare go up against the talented attorneys hired by the Ramseys and risk public humiliation, Hunter attacked the police department, which then began their own finger pointing, finally imploding with leaked statements, rebukes, and eventually, resignations from all the stress. Police experience was called into question as if a lack of murders in their area should be held against them as a lack of experience. The Ramsey case was not a major mystery, and, as they told us early on, there was no predator out there.
Steve Thomas was one major casualty that wrote about what he went through.
The DA found an investigator to float the intruder theory. It is like a psychologist: we can find a psychologist to testify to anything and we can find an investigator to find anything. In fact, the Ramseys went polygraph shopping and found one to 'pass' them.
When Mary Lacy took over as District Attorney, she brought in John Mark Karr, aka "Captain Highpants" of whom she did not bother to check if he was ever in Boulder, and had a large self-congratulatory celebration, one by one, praising each one on her team, finally receiving all the praise herself. It was a circus like atmosphere of self indulgence; the longest self-praise press conference I had ever seen.
When pedophile Karr was found to be the wrong man, eventually she tagged "unknown" DNA as proof that the Ramseys did not do it.
The unknown DNA did not prove the Ramseys did not do it, nor did it prove they did. It only proved that there was unknown DNA present. This was a transparent and flimsy attempt to rehabilitate her tainted office from the beating it took on the Jonbenet Ramsey case.
Jonbenet Ramsey did not receive justice because the District Attorney's office feared going up against the talented, high priced attorneys hired by the Ramseys. Hunter and his team refused to be publicly humiliated in a highly public trial that would have been, perhaps, as big as the OJ trial. Alex Hunter appeared to have no bottom as to his fear, and appeared ready to say anything to keep from going to trial.
I suggest to readers that had the Ramsey attorneys been hired by the State to prosecute John and Patsy Ramsey, there would have been a plea bargain arranged, just as I suggest that had Joe Tacopina been in charge of prosecuting Deborah Bradley, we would have learned of Baby Lisa's burial, and there would have been a plea bargain of guilt seen.
The public must understand and put this into perspective when it comes to cases like Baby Ayla. There is no mystery of "who done it?" and there are no arguments being pressed that a kidnapper entered the home.
The public must understand that 109,000 deviant images, including those clarified as strictly "child pornography" in the case of 13 year old Hailey Dunn, there is no debate on "who done it?" or if Hailey is alive. We had drugs, sexual perversion, violence, and lies, yet no arrests?
Strangely enough, with the release of the number of deviant images, there appeared no media outcry for arrests. Ray Guidice told us that federal prosecutors have an excellent record for prosecuting child porn, and that this should have been referred to them. What was it that kept locals from referring it to the feds? Regional pride and ego?
As to the police affidavit, having read it, and having analyzed the statements of the two suspects, my conclusion is that the police have told the truth. Hailey never made it alive out of that house, as Nancy Grace said recently, and the failed polygraphs of mother and her boyfriend matched Statement Analysis of their lies.
Both of these cases appear to be Failure to Prosecute.
This is where media pressure can cut both ways.
Hamstring The Prosecutor
There is something that can utterly hamstring a talented prosecutor.
Media coverage can allow us transparency for the sake of justice, but it can also frighten off assistant district attorneys from going forward with charges.
Media coverage, as has become cartoon-like, can also become the place where public opinion becomes the jury, with an attorney simply floating out lies, suggesting, for example, that a rape victim had multiple partners. This becomes 'dropped into' the mix and prosecutors are now left severely limited as public opinion is swayed by such devious propaganda ploys.
Prosecutors cannot go before the media and lie with impunity. Defense attorneys, under 'suggestion', can lie about anything they wish, without consequence.
Knowing, for example, that their client killed her own child, they can talk up "live sightings" anywhere and everywhere, including naming specific towns and cause the public to not only have false hope, but to pressure the police to waste resources in chasing down all fake leads, all the while the defense attorney smiles.
Cindy Anthony knowing not only that Caylee was dead, but where she could be found, walked around with Caylee's ashes around her neck while planting seeds that Caylee was alive, holding up in Brooklyn, New York, with "Zanny the Nanny" and there was nothing prosecutors could do to stop her. In hindsight, they should have countered the nonsense, but they were concerned about appearing to be bullies, as Baez portrayed the state as having "millions of dollars" at their disposal, playing with the minds of future jurors.
In this scenario, the deck is stacked against the prosecutor. Even the dedicated and talented prosecutor, who has stayed with the state in order to get the 'bad guys' off the street, and build a name for himself for future political positions (see Rudy Guiliani) can have a very difficult time with the limitless tongues of their talented counterparts.
Joe Tacopina over-talked journalists and even cleverly pre-empted the news that Deborah Bradley had purchased wine for her "Adult Time" night.
When a cadaver dog hit in the home, he put the brakes on where police could search. From the beginning, Deborah Bradley, like the Ramseys and like Justin DiPietro, worked against the police, not with them, so as to keep the crime hidden.
Baby Ayla case:
1. We have a history of abuse that can be testified to. Of course each point will be countered by defense, but that is to be expected.
2. We have a life insurance policy purchased against Ayla, weeks before going "missing"; but no life insurance policy purchased against DiPietro's other child (thank God).
3. We have a broken arm, untreated for 24 hours.
4. We have DNA evidence found in the basement.
5. We have an implausible story of someone entering the home.
6. We have DiPietro's public words where he said that someone did not approve of his parenting. This severely limited the pool of potential kidnappers.
7. We have his lies, and even where the polygraph is not admissible during trial, unless stipulated by both sides, a Grand Jury can ask about its results. They will learn that he did not pass it, but he "smoked" it, which is something that the Grand Jury (made up of people who just might be parents or grandparents) can contemplate.
I would not want to be his defense attorney.
It is likely that, early on, the prosecutors told police, "find that body!", but given the vastness of Maine, and the Kennebec River, this failed. It is likely that the prosecutors pushed for delays, waiting for one of the three to crack, which did not happen. (Arresting them on lesser charges, in my opinion, would have made one of the two mothers crack, especially when separated from their own child).
The Hailey Dunn case is not one in which pundits are debating who is responsible. There are no crime commentators, on television, radio or online, who are saying Justin DiPietro was truthful.
Everyone knows who is responsible for the deaths of these children, even though the specifics remain unknown to us.
Arrests, even on lesser charges, can produce results.
Did anyone really believe that Shawn Adkins, so terrified that he hides behind masks, would not have broke and given up Hailey's location when arrested and faced with being a child molester in general population?
Yet, no arrests to date.
Here we are, New Year's Day, 2013, and justice has not been served, here on earth, at least, for Jonbenet Ramsey and the amateurish 'ransom note'; nor for the drugged and perverted world that took the life of Hailey Dunn, nor the Neglect atmosphere that finally ended beautiful Ayla Reynold's life.
Where are the arrests?
The Boulder office has been so compromised that barring a death bed confession by John Ramsey, Jonbenet's death will always stand for what it is: Cowardice.
But it is for Hailey and for Ayla that prosecutors can, and must, take action, even without a body. Others have done it, and so can they.
Joe Tacopina utterly silenced the bravado of investigative police in the Baby Lisa case. He wiped the swagger right off them, and hope for justice dwindled.
But for Hailey Dunn, there are so many attendant crimes, child pornography the obvious and easiest to prosecute, and get some measure of justice, or, better yet, a deal done with Adkins or Dunn. For Billie Jean Dunn, it has always been about her; from her inappropriate appearance to her love of attention. She would make a deal in a New York minute should she be arrested on attendant charges.
In the Baby Ayla case, there are two mothers who do not want to lose custody of their own children. That they conspired to lie via withholding information about a child speaks to legal Jeopardy as to their own children, yet, we have learned nothing about them losing custody. How this is, I do not know and cannot think of a scenario where anyone would consider, after such a thing, that their own children would be safe with them.
Let us hope that in 2013, Justice for these children will be realized.
Mas vale tarde, que nunc.