Scottsdale Mama

Archive for November, 2011

There is a new book project and a 48 Hours Mystery show coming out about the death of Natalie Wood Wagner. This coming November 29 will be the 30th anniversary of her death. To me it seems morbid to be celebrating an anniversary of a tragic death, but, what do I know.

The story is that Natalie, Robert Wagner (her husband), Christopher Walken and the boat’s captain took the boat to Catalina for dinner. During dinner the trio had several drinks then returned to the boat and continued drinking. According to Wagner, him and Walken got into a trivial argument, made up and then went to bed. Wagner noticed his wife wasn’t there so he waited for around 15 minutes and when she did not show he went looking for her. He notified the authorities and in the morning she was found having drowned. The coroner ruled it an accident in that she had bruises on her cheeks that indicated she had fallen. No charges were brought and the investigation was closed.

Now, 30 years later the ship’s captain is coming out saying that he lied to investigators years ago and that he thinks the death was Wagner’s fault. I find this problematic. First, how good is his memory after 30 years? Is his memory really based on what happened or has it been influenced by all the movies, TV shows, books and magazines he has read and watched over the years? How can we believe that what he NOW says is true? I say that we cannot. How do we know it is not about the money? Also, where is the evidence? Oh yeah, there is none other than the bruises.

Granted, there is no statute of limitations for murder and the police likely have to reopen the case since there is so much publicity surrounding the anniversary, especially since there is a book project and a 48 Hours show in the works. However, I hope this story dies fast so that her loved ones do not have to go through any more unnecessary heart ache.

As a mother – I am disgusted and enraged;

As a sports fan – I am disgusted and enraged;

As a lawyer – I am all that and hope that you rot.

Now my blogs usually explain the legal landscape of a particular case and what the public and the defendant can expect to happen. Rarely do I give my personal opinions; however, I am going to deviate with this one.

I understand that the world of sports, and especially college football, is very different from the reality that most of us live in. I understand it is all about the wins, the reputation and above all, about the money. But that is no excuse. As a human being there should be times that you rise above the petty and protect your fellow human being – ESPECIALLY WHEN THAT HUMAN BEING IS A CHILD! Everything, and I mean EVERYTHING, should fail in comparison to the importance of protecting a child from being raped and abused. The men (if you can even call them that) at Penn State that allowed the horrible acts to take place (and continue to take place) should be ashamed of themselves and should rot somewhere that is dark, uncomfortable and cold. Yes, these are strong statements and maybe not politically correct but I do not care.

These men, other than Sandusky, did not do the act itself, and did not do the “first” act, but by their inactions they facilitated, encouraged and provided the means to continue the horrible abuses of the children. Yes, I am even talking about the much loved Joe Paterno. I don’t care what you have done in your professional life, how many games you have won and lost, how much money you have made, you failed to do everything you could to protect someone who needed your protection and to me that means that you failed. You say that you did not know the exact details…what more did you need to know? You had enough information to make the right call and you didn’t.

All of those involved failed, even the grad assistant that first reported it…why didn’t you follow up! You knew what you saw and you chose to only go so far – that is disappointing. Almost everyone who was involved and knew something was up consciously decided to not go to the police, or not stop it. For that you should be ashamed. Nothing is more important that the welfare of a child, especially one who had been raped, abused and fondled. You had better hope that Karma forgives you because the mothers and the victims never will.

If you want to know the timeline click here. All these men knew something was going on and did not stop it when they had the ability and the means to do so. Look at the timeline and see what these people did and did not do – you will see a common theme – they didn’t take it where it needed to go:

Ronald Shreffler, Lerry Lauro (investigator with the Pennsylvania Dept. of Public Welfare), Ray Gricar (a prosecutor), Thomas Harmon (campus security), Tim Curley (Penn State Athletic Director), Gary Schultz (Penn State VP), Dr. Jack Raykovitz (Executive Director of Second Mile), and Graham Spanier (University President) just to name some who KNEW something and failed to do anything outside of their own little reality to stop it. Oh sure, they may have banned Sandusky from this or that, but they could have and should have done more. Again, you should be ashamed of yourselves and yes, I am judging you.

As for you Penn State, Second Mile and the High School that was involved – get out your checkbook because there is no defense.

Unless you live under a rock, you have heard that Dr. Conrad Murray was CONVICTED OF INVOLUNTARY MANSLAUGHTER of the death of Michael Jackson. If you did not see the reading of the verdict just go to YouTube or www.CNN.com to see exactly what happened.

This really does not come as a surprise since the evidence clearly demonstrated numerous deviations by Dr. Conrad Murray from the standard of care in his treatment of Michael Jackson. However, the jury had to have found that a deviation actually CAUSED THE DEATH. This was where I thought it was a bit confusing. The jury could have thrown their hands up and just said even though we don’t know what actually caused the death, Dr. Conrad Murray screwed up so badly so many times that he should be found guilty. We won’t know for sure what the jury was thinking until they speak…if they do.

The next step in this saga is the sentencing. Dr. Conrad Murray will be scheduled for a sentencing hearing to take place soon. He is looking at a max of 4 years in prison. However, taking into consideration the status of the California prison system, he will likely do less than half of that time. He was taken into custody today since he has had a lot of time to prepare for this and he is now a convicted felon, and a possible flight risk.

What I thought was interesting was that the jurors must wait 90 days before they can receive any pay or any benefit for speaking or telling their story. I wonder who will speak first, and who will pay the most.

Just like the OJ Simpson trial, there could be a civil trial. In other words, Michael Jackson’s estate could sue Dr. Conrad Murray for his part in the death of Michael Jackson. However, I do not know what that could accomplish other than adding to the emotional turmoil both sides have already been going through. You see, the only consequence of a civil action would be a monetary award against the doctor. There is no jail time in a civil action. But, if Dr. Conrad Murray’s medical license is taken away, which it likely will be due to all the deviations from the standard of care that were shown in the trial, he has no means to make money to ever pay a monetary award. So, a civil action would result in both sides spending a large amount of money in attorney’s fees and costs. Granted, the estate could obtain a judgment that would follow the doctor around for life, much like that in the OJ Simpson situation, but how much satisfaction could that bring?

In my opinion, the only reason to bring a civil action against the doctor would be for revenge and/or closure. Nothing can be done to bring MJ back and nothing but time can make the loss any better. It would simply result in more anguish, stress and tears for all involved. I would not counsel the family to go forward with a lawsuit and would instead counsel them to start the healing process.

Sad situation, for all involved, but especially for the World, who lost such an amazing ICON. Rest in peace Michael Jackson.