CHAPTER ONE HUNDRED AND SIXTY ONE: MURDER AND SPORTS
CHAPTER ONE HUNDRED AND SIXTY ONE: MURDER AND SPORTS
We didn’t win. By now, you probably know that, although
the Florida winners (Melbourne Beach) have not yet come forward. And we made it
through a rare tornado warning this morning, Sunday, January 17, 2016. There
was no tornado, but the winds were fearsome for a short while and the rain
pounded Slow Motion. Now it’s bright sunshine and 81 degrees. It’s a
particularly good day for a few Americans flying out of Iran’s air space back
to the U.S.A. On a much more personal note, it’s a good day for walking without
the rollator and the cane. Sure, I’m still lurching along, but I’m walking!
Some day, Carnegie Hall! (You know, “practice, practice, practice…”).
“Making a Murderer” – Avery and Dassey murdered Ms. Halbach.
The documentarians embedded themselves with the defendants and their family for
10 years. They had more than enough time to prepare their one-sided documentary
featuring only some of the incriminating evidence and leaving out important
items such as the DNA (from sweat) of Avery on the latch under the hood of Ms.
Halbach’s vehicle. One of the documentarians said that this DNA was “merely
circumstantial”, which indicated to me that she has no knowledge of criminal
law, particularly the jury instruction which says that direct and
circumstantial evidence should be given equal weight. It also shows that she
has not covered very many murder investigations, since 99 percent of them
involve primarily circumstantial evidence. Come on, you don’t expect the murdered
person to ID the murderer in court, and how many times does a murderer commit
murder in front of a neutral witness? I’ll answer that – almost never. And so,
DNA is usually the critical “circumstantial” evidence that proves a murderer’s
guilt. In this case, it was not only Avery’s sweat DNA, but also the victim’s
blood DNA found on a bullet fragment in Avery’s garage, which forensic experts
said was shot from Avery’s rifle. I would have prosecuted that case in a hot
minute. That’s one that even the cherry pickers in my office would have taken
to trial. I’m not a fan of Nancy Grace, but she has nailed this case correctly.
Read her summary of the overwhelming evidence against Avery and Dassey. And
before you shed any tears for Dassey, watch and listen to the 3 and ½ hours of
his videotaped confession, with his defense investigator present. If he’s as
dull normal as the documentarians say, he could not ever have made up the
details of the murder of Ms. Halbach, which just happen to corroborate the
“circumstantial” evidence showing his and Avery’s guilt.
It’s amazing to realize how many people in this country
can be duped by a film. On the one hand, it’s good to know that the presumption
of innocence is alive and well among our citizens. But it is certainly
disheartening to learn, once again, that many people hold police in such low
esteem that they easily buy into a cockamamie police conspiracy theory in the
Avery case. Who had the motive to kill Ms. Halbach? She had been to the
defendant’s property about 5 times before the last time, when she was murdered.
She had told the Auto Trader folks that she did not want to return because
Avery “creeped” her out. He had greeted her on one occasion wearing just a
towel. Avery called Ms. Halbach several times right before she was murdered,
disguising his identity on the phone, luring her out to his property. Avery
told fellow inmates that he planned to build a torture chamber when he got out
to use to rape and murder women. He showed them the design. Avery told Nancy Grace,
when the police were still looking for Ms. Halbach as a missing person, that he
had seen her the day of her murder. He recanted later, saying that he had not
seen her that day. He “planted” a phone call to her phone after he murdered
her, to set up his lie that he had not seen her. All of the victim’s burnt bones and some of her clothing and
personal possessions were found in Avery’s fire pit, entwined with some of his
junk. It was some of Avery’s relatives who saw him tending a fire at the fire
pit on the day of the murder. Had enough yet? If not, please have the integrity
to tell a prosecutor during voir dire that you do not trust police, so that you
do not serve on a jury and refuse to convict, no matter how strong the
incriminating evidence, because of your strong bias against police.
How did the Detroit Pistons blow out my Golden State
Warriors last night? Now that’s a real mystery, especially with a healthy Curry
scoring 38 points. Still, a record of 37 wins and 4 losses at mid-season is
very impressive. The next two games, against Cleveland and Chicago, may show
whether or not the Warriors are currently running on fumes, or whether the
Detroit debacle was an aberration. I have such vivid memories of attending
Warriors games with Big Al when I was a season ticket holder in the 80’s.
“Dominique is Weak”, Big Al would shout, or “Jay Bee!!!!!” for the mediocre
Warrior center, J.B. Carroll. Good times. Big Al has gone on to fame and
fortune as a Senior Writer for Sports Illustrated, mostly golf, but his first
cover story, as a college student, was about his week spent with Ken Griffey,
Jr. They were about the same age at the time, and they both had a blast. Now
Junior is going into the Baseball Hall of Fame, and Big Al some day will go
into the Golf Writers Hall of Fame. If you want to read it, look for the SI
with Frank Thomas on the cover – Frank and Junior were both featured in that
issue, the two best players in baseball at the time. Big Al writes under the
name of Alan Shipnuck. I recommend all four of his books to you, starting with
Blood, Sweat and Tees, moving on to the story of discrimination against women
by Augusta, then to the Christina Kim book giving us an insider’s look at the
LPGA, and most recently the co-authored novel (with Michael Bamberger),
Swinger. Reading Big Al as he writes about a mythical pro golfer’s sexcapades
in Swinger is disconcerting, because I always think of him as a prepubescent 9
year old, so I attribute the graphic sex stuff to Bamberger.
My mother was the biggest sports fan I have ever met. I
would call her on a Friday or Saturday when I was in college and invariably she
had a football game on the radio and one on TV. She listened to the Liberty
High School games and watched the Penn State games. As for the pros, she was a
Steelers fan, because so many Penn State stars like Franco Harris, played for
the Steelers. She herself was a gifted tennis player in high school. I remember
her taking up a racquet in the 1970’s at the Wagoner Compound in Huron City,
Michigan – she was in her 60’s, and she was still very good. Mother imparted
her love of sports to all of us. Sue played girls’ little league – hardball –
the first in the nation – growing up in Bethlehem. Talk about inequality – her
team played on a dirt field with lots of deep ruts in it which gave her a lot
of fat lips as she tried to grab balls coming around 2nd base. My
brother’s team, by contrast, had a beautifully groomed grass field, which my
father himself mowed to give the boys a soft cushion to land on when chasing
balls. My brother’s team had full uniforms. The girls were lucky to get shirts
with number on them. This was well before Title IX. Even with the gross
inequities, some women stars shone bright – Joan Joyce, for example, was the
premier softball pitcher in the 50’s, 60’s and 70’s, playing for the Raybestos
(Bridgeport, Connecticut) Brakettes and Orange Lionettes. You could look her
up, but here’s a partial list of her records and accomplishments:
38 shutouts in a season (1974)
Most innings pitched in a game (29 in 1968 against
Perkasie)
Two no-hit, no-run games in National Tournament (4 times)
Most victories in a season (42 in 1974)
Most consecutive all-star team selections (18)
Eight time MVP in National Tournament (1961, 1963, 1968,
1971, 1973, 1974, 1975)
Career doubles (153)
Brakettes team batting champion (1960, 1962, 1967-69,
1973)
Highest batting average (.467 in 1971)
50 perfect games
150 no-hitters
Lifetime ERA of 0.09
Led Brakettes to world championship in 1974
Struck out Ted Williams at Municipal Stadium in
Waterbury, Connecticut, 1961 and struck out Hank Aaron in 1978 – exhibition
games
Threw over 70 miles per hour
Suffice it to say, Joan Joyce was/is amazing by any
standards. I watched her pitch in the 1970’s for Raybestos at their home field in
Connecticut. Her catcher was about 16 years old. The sound of the ball hitting
the catcher’s mitt was a loud explosion. No one got on base against her in that
game. She was hitting the cover off the ball, going 2 for 2, then she didn’t
get a hit the third at bat, and another pitcher entered the game the next
inning. A fan shouted: “See what happens when you don’t get on base?” We all
laughed. To this day Joan Joyce is involved in softball, successfully coaching
the Florida Atlantic University team. You could look it up. Oh, and by the way she
has been inducted into nine Halls of Fame, including the National Softball Hall
of Fame, the International Softball Federation Hall of Fame, and the
International Women’s Sports Hall of Fame as one of only three Americans.
Meeting Joan Joyce and watching her pitch was a highlight
of my life in New Haven, Connecticut in the 1970’s. I was Executive Director of
the Connecticut Women’s Educational and Legal Fund (CWEALF) and spent almost
all my time educating and litigating for women’s equality in all fields. Carol
Johnson worked with me, and her partner, Judy Dixon, was the coach of the
women’s tennis team at Yale. Judy also had the distinction of working with Bud
Collins on PBS covering professional tennis matches. That’s right, PBS. Judy
and Bud were nominated for an Emmy for their outstanding work. Judy had been a
very good doubles player on the Women’s Tour, having played with the likes of
Billie Jean King and Rosie Casals. There was one lowlight in her announcing career.
Bill Cosby (yes, that one) was a big tennis fan and, with his celebrity, he
wormed his way on to one of her broadcasts with Bud. Here’s what he did to
Judy. While they were on camera, he put his hand on her thigh and was rubbing
it. This was not in sight of the camera, as they were at a table and he put his
hand under the table to fondle her thigh. Ever the professional, she continued
to cover the match that was going on. Cosby was too big to topple at that point
– or at least not worth losing her job. I helped her fight for equal treatment
at Yale, getting two of the four indoor tennis courts for the women’s team and
filing a claim of discrimination based on the salary difference between her and
the much less experienced male coach of the men’s tennis team. So Yale gave him
the title of “captain” of the tennis teams to try to justify the higher salary.
It was a load of crock. Oh, the stories I could tell about Judy’s titanic
battles with the odious male coach. But that’s Judy’s story – I’ll let you know
when her book comes out.
In case you were wondering, I walk with a cane now, and
sometimes walk without a cane. Yes, I’m walking, trying not to imitate “Lurch”,
and getting better each day. It’s still odd to put on my right leg in the
morning. I mean, it’s been just 10 months since I had my own matched set and
was running around with reckless abandon. I have not tried to run, but my
physical therapist says that I try to walk too fast. That’s a good thing. I am
excited, no doubt about it. Jake wants to run a half marathon with me this
year. That would be incredible. But I’m getting ahead of myself. Baby steps –
that’s where I am now, baby steps. And I’m quite happy about that for the moment.
Being free of the walker and cane is very liberating, if only for short walks.
Next time I hope to report more progress. Stay tuned.