Category Archives: Crime , corrections and law enforcement

Another Murderer Released On Parole!

Elbert Smith, second from right, and family.

by Dick Hall-Sizemore

The Parole Board just released a convicted murderer. Yes, this Parole Board. The one that Glenn Youngkin appointed to crack down on the release of all those violent criminals. And not a peep out of Kerry Dougherty or Hans Bader, who ordinarily go on a rant when a convicted murderer is released on parole.

The circumstances surrounding this offender, Elbert Smith, certainly justified his release on parole. He did not fire the fatal shots that resulted in a man’s death. The man who did fire the shots accepted a plea deal — voluntary manslaughter and a sentence of five years. Smith, acting on the advice of his court-appointed attorney, refused the deal. A jury convicted him of second- degree murder and imposed a sentence of 44 years. Convicted in 1996, he had served 27 years in prison. During that time, he had had only one serious infraction. During the last ten years, his record had been clean. The warden in the prison in which he was being held did not recognize his name when asked about him. Continue reading

Insufferable and Dangerous Nonsense in Academia – Antisemitism Sector

A rally on the steps of the University of Virginia Rotunda calls for a free Palestine amid the war in Israel on Thursday, Oct. 12. CAL CARY, THE DAILY PROGRESS

by James C. Sherlock

I read this morning in the latest issue of Chronicle of Higher Education a particularly smarmy article by a Keith E. Whittington.

He is, among other things, “professor of politics at Princeton University and founding chair of the Academic Committee of the Academic Freedom Alliance”.

Good to know.

He addressed in his article the Congressional hearing that put the presidents of Penn, Harvard and MIT on the hot seat for the unaddressed antisemitic turmoil on their campuses.

Other articles in the same issue called the hearings a disaster for the colleges.

“Since Hamas’s October 7 attack on Israel, administrators have struggled to respond. Many issued statements that faculty members, students, and others saw as tepid, while protests drove deep rifts into campus communities.”

Whittington’s was titled:

“Colleges Can Recommit to Free Speech or Double Down on Sensitivity – The congressional hearing on antisemitism presents a stark choice.”

He offered a false, self-serving choice of only two ways forward.

If President Ryan of UVa had joined the others in front of the committee, they could have gotten past statements to actions, and lack of them. Continue reading

Governor’s Chronic Absenteeism Task Force – Part Three – Vital New State Roles

By James C. Sherlock

A compilation from https://www.doe.virginia.gov/data-policy-funding/data-reports/data-collection/special-education

I have found in 18 years of reporting on education in the Commonwealth that each school, each school division and each region is to some degree its own ecosystem.

Taking the example of chronic absenteeism, an individualized assessment of causes could be attempted:

  • if a single school‘s chronic absenteeism can be adjusted statistically for differences in its demographics (race, ethnicity, economic status, English learners, IEPs, etc.) to its division norms, and
  • if that school is a statistical outlier from its division good or bad.

But those are very big if’s because of the complex algorithm that would be required for comparing.  And the results would apply only to that specific school.

I have sometimes compared divisions‘ statistical performances on absenteeism and SOL pass rates against state norms, but usually at the extremes.  There are too many variables to sort among the bulk of them.  At the division level, the variables are as great as at the school level.

Regional differences are there, but causes are hard to pin down beyond differences in demographics and cultures.

That said, and to some degree for that reason, I offer two new state roles for improving school attendance:

  1. marketing, which is either not now done at all or done ineffectively, to increase parents understanding of the value of school; and
  2. investigations and enforcement, which are done sporadically across the state.  That is because of both the time and expertise investigations take and current laws that require schools to involve the court system in enforcement.

Those recommendations are not budget neutral.  This is a budget year.  They are tailored to draw Democratic support.  The time for them is now.

Given the time necessary to prepare proposals, it will likely take a special session to address them.

The chronic absenteeism crisis, appropriately designated by the Governor, rates one.

Continue reading

Slasher Ordered to Reimburse Medical Bills of his Victim

by Kerry Dougherty

Several things strike me about this crime and restitution story out of Patrick County.

First, after Larry Puckett nearly stabbed Justin Hawkes to death in the fall of 2019, Mr. Hawkes  incurred about $120,000 in medical bills.

Because the injured man was indigent, Medicaid stepped in and negotiated the price down to $22,000.

If this former English major’s math is correct that’s just under 20% of the original bill.

Does this suggest there’s some padding in medical bills? You bet it does. In fact, receiving any medical procedure is a lot like buying an airline ticket. Everyone on the flight pays a different amount for the privilege of squeezing into a tiny seat and arriving at the exact time. Some folks spent a fortune for their tickets. Others got a cut-rate price.

Same goes for medical bills, although many of those are accompanied by an emergency that leaves no time to shop around for a better price.

Face it, medical care is a racket. Dare to ask why that Tylenol they gave you in the hospital cost 15 bucks and you’ll get a verbal tsunami of indignation and gibberish. Just pay it, they say. You have insurance.

In this case, according to the Virginia Mercury, the judge ordered Larry Puckett to repay Medicaid for the injuries he inflicted on Mr. Hawkes once he completed his prison sentence:

Puckett was convicted by Patrick Circuit Court of malicious wounding. He was sentenced to 20 years in prison, with eight years suspended, and ordered to complete five years of probation and pay … the cost of the medical services as restitution. The restitution was to be paid in $50 increments each month following his release from prison.

I like it! Continue reading

“Who Exactly Is the University of Virginia Protecting?”

Rector Robert D. Hardie

by James A. Bacon

A week ago The Jefferson Council publicly questioned the decision to withhold publication of the investigation into the University’s failure to prevent the Nov. 13, 2022, mass shooting. We were particularly perplexed by who made the decision to delay release of the report until after the trial of the defendant, Christopher Jones. The decision, announced by Rector Robert D. Hardie and President Jim Ryan, apparently was made without the approval of the Board of Visitors. (See “Will the Public Ever Get to See the Mass Shooting Report?”)

Now, as reported by The Daily Progress, others are asking questions.

The Daily Progress leads with the question, “Who exactly is the University of Virginia protecting?” Continue reading

A Life of Low-Level Crime

Chelsea Eileen Steiniger

by James A. Bacon

Meet Chelsea Eileen Steiniger, a 31-year-old Buckingham County woman who, according to The Daily Progress, may have accomplished the feat of having been arrested more often — 63 times — than anyone else in Central Virginia.

One reason she has been arrested so frequently, it appears, is the leniency of judges who are reluctant to sentence her to jail time.

“It’s become a philosophy that you don’t want to put someone in prison for a low-level, low-dollar-amount crime,” Charlottesville lawyer Scott Goodman told the newspaper. “It’s basically treated as a sickness as much as it is a crime these days. If you show any kind of an effort that you’re trying to overcome your addiction, that goes a long way with the courts.” Continue reading

A VSU Officer was Shot and Left Paralyzed. At Thanksgiving, Readers Can Help Him and His Family

VSU Police Officer Bruce Foster. Courtesy Foster Family fundraiser website

by James C. Sherlock

Virginia State University (VSU) Police Officer Bruce Foster, 38, was shot on November 12.

He had chased down a suspect who was causing an early Sunday morning disturbance on campus.

Officer Foster was shot from behind while making the arrest.  He remains hospitalized and paralyzed from the waist down.

The five-year veteran of the VSU Police Department has a wife and four children.

This Thanksgiving, each of our readers can help him and his family through this.

VSU Police Officer Bruce Foster and his wife, Deidra. Courtesy Foster Family fundraiser website

I hope you will.

To donate to the Foster Family fundraiser, click here.

Bruce Foster and his four children.  Courtesy of the Foster Family fundraiser website.

The Suppressed Report on the UVa Murders

UVa Shooting Suspect Mug Shot

by James C. Sherlock

President James Ryan of the University of Virginia has decided to suppress the results of a written request that he and the Rector made to the Attorney General

…to conduct an independent review of the University’s response to the shooting, as well as the efforts the University undertook in the period before the tragedy to assess the potential threat Mr. Jones posed to our community.

The Attorney General’s administrative investigation is complete. President Ryan published a statement:

Making the report public at this time, or even releasing a summary of their findings and recommendations, could have an impact on the criminal trial of the accused, either by disrupting the case being prepared by the Albemarle County Commonwealth’s Attorney, or by interfering with the defendant’s right to a fair trial before an impartial jury. [Emphasis added.]

The press reports indicate that announcement drew criticism.

I will add to it. Continue reading

Democratic General Assembly Would Be Much Softer on Crime

from Liberty Unyielding 

Democrats are slightly favored to win control of Virginia’s legislature in this year’s election, although the election will be very close. If they take over, the legislature will become much softer on crime than it is now, because incoming Democratic leaders are more left-wing than their mainstream liberal predecessors. For example, if Democrats win control of the House of Delegates, the speaker of the House will be Democratic leader Don Scott, a convicted felon, not his mainstream liberal predecessor, Eileen Filler-Corn.

Back in 2020, Don Scott proposed radical legislation that would release dangerous criminals from prison, even if prison and parole officials had proof of their continuing danger to society. It failed to pass back then, because Scott was a junior legislator, and Democrats were more mainstream liberal, and less left-wing, than they are now. The only moderate Democrats in the Virginia legislature are either retiring — such as state Senator Lynwood Lewis — or were defeated in the Spring 2023 Democratic primary. Some mainstream liberals are also leaving the legislature. George Barker was defeated in a primary by a candidate to his left, and Senate Majority Leader Richard Saslaw is retiring.

Scott’s legislation in 2020 was very bad, and at odds with public safety. If he becomes House Speaker, he might be able to use his power to get his fellow Democrats to pass it. Then, he could hold Republican Governor Youngkin’s priorities hostage unless Youngkin allows such legislation to become law. For example, Scott could get Democrats to block the governor’s appointments. The Virginia Senate only approved Governor Youngkin’s appointment of Bert Ellis to the University of Virginia Board of Visitors because the Senate’s two moderate Democrats voted along with Republicans to confirm him. Both of those Democrats are leaving the legislature after this year. The House of Delegates can also block appointments to many posts in Virginia. Continue reading

Governor Youngkin Steps to Curb Anti-Semitic Activities – How about Law Enforcement?

by James C. Sherlock

Governor Glenn Youngkin took action today with an Executive Directive to “Combat Antisemitism and Anti-Religious Bigotry in the Commonwealth and on Campuses.”

It is excellent, and we look forward to immediate steps by other actors in the Commonwealth. Continue reading

Crime and Punishment in Charlottesville

by James C. Sherlock

UVa and Harvard are the two campuses most often cited by the national and world press as homes to the worst actors after October 7.

It is easy work.

I posted a column on Saturday making a series of recommendations for actions by the University of Virginia to protect its Jewish community and rid itself of those that threaten it.

That was my response to the infamous support of UVa-funded organizations for the slaughter of innocents in Israel by Hamas, a group designated by the United States as a terrorist organization.

Kill Jews “by any means necessary” they wrote.

Read the column.  I named them.

Now I have been told by the Executive Director of Hillel at UVa, Rabbi Jake Rubin, that the President’s office and law enforcement “have been incredibly responsive, helpful, and present during this difficult time.”

Good start, and Virginians thank them for it, but it does not answer the questions about enforcement of state and federal laws.

So, there is more to do. Continue reading

No Parole for Killers, No Matter How Old

by Kerry Doherty

Autumn, with its crisp temperatures, pumpkin spice and vibrant colors, seems to be everyone’s favorite season.

Not Paige O’Shaughnessy’s.

In fact, each year when the season changes she’s reminded of the hellish fall of 2000. That was the year her husband, Timothy O’Shaughnessy, 40, was murdered in his downtown Norfolk office.

It was Tuesday, November 7, when he was killed by an unhinged former employee bearing a grudge, a golf club and a gun.

Paige O’Shaughnessy was left alone to raise their four sons, ages 9 months, 2 1/2 years old, 4 1/2 years old and six.

The killer was stockbroker Joseph Ludlam. He beat the man who’d fired him from his job five weeks earlier and when the golf club broke, he stabbed O’Shaughnessy with the shaft and then shot him. Twice.

Ludlam stole O’Shaughnessy’s wallet, car keys and car and sped to his parents’ house in South Carolina where he holed up for 18 hours. He was finally arrested and charged with capital murder.

After numerous delays, Ludlam’s murder trial was finally set. But on Columbus Day of 2002 then-Commonwealth’s Attorney for Norfolk, Jack Doyle (now a retired circuit court judge), contacted the widow and said Ludlam had agreed to plead guilty to first degree murder and the use of a firearm in the commission of a felony in return for a prison term of no more than 40 years.

She’d be spared the ordeal of a trial, the state would be spared the expense and the murderer would be locked up for a very long time.

Mrs. O’Shaughnessy recalls the prosecutor reassuring her that, “He’ll be an old man when he gets out.”

“This gives us an assured conviction, and he waives his rights to appeal,” Doyle told The Daily Press at the time. “Forty years is virtually a life sentence.”

Not exactly.

There was one factor no one mentioned: geriatric parole. Continue reading

Democrats for Crime Witnesses and Victims

by Dick Hall-Sizemore

For those readers of this blog who contend that Democrats and “progressive” prosecutors are fixated on not prosecuting violent criminals and ignoring the needs of witnesses and victims, I have some good news for you.

Witness Protection

Since 1994 Virginia has had a statute authorizing the Virginia State Police to establish a witness protection program. However, because it has never been specifically funded, it has been seldom, if ever, used. (Never mind that the Department of State Police had GF balances at the end of FY 2022 of $32 million and $10 million in FY 2021.)

In March 2021, Steve Descano, the Commonwealth’s attorney for Fairfax County and Ramin Fatehi, then the deputy Commonwealth’s attorney for Norfolk, published an op-ed in The Virginian-Pilot calling on the General Assembly to fully fund the Witness Protection Program. They pointed out the problems that police and prosecutors have in getting witnesses to come forward due to their being threatened or otherwise intimidated. “Witness protection programs — which provide for the security or relocation of witnesses away from those who might wish them harm — are among the most effective means of counteracting witness intimidation,” they contended. Continue reading

A Day in Court

Henrico County Courthouse

by Dick Hall-Sizemore

I spent some time today observing proceedings in Henrico County District Court. (No, I was not a defendant.) I recommend the experience to anyone interested in seeing how the criminal justice system works in real life.

District court is the venue for hearing traffic offenses and misdemeanors. It also hears more serious cases for probable cause to be sent to circuit court.

I sat in on two different courtrooms. The atmosphere in both was somewhat reminiscent of that depicted in the old TV series, Night Court. The Henrico judges, of course, were not as unorthodox as Judge Harry Anderson in that series nor were there the slapstick and irreverent humor prevalent there. However, there was an informal feeling with lots of friendly interaction among the defense attorneys, prosecutors, police, and judges. The judges were respectful and, sometimes, friendly toward the defendants, while at the same time admonishing them for their misdeeds. Continue reading

Data to Ponder

According to the websites of the State Compensation Board and the Department of Corrections, the starting salary for a correctional officer or deputy sheriff is $44,100.

Based on information submitted to the Department of Education by local school divisions, the starting salary for teachers in 34 school divisions in school year 2022-2023 was lower than $44,100.