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"I think the first duty of society is justice."
--Alexander Hamilton

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Time Served: The Prisoner the Court Forgot

5/6/2014

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Cornealious "Mike" Anderson committed robbery with a BB gun on Aug. 15, 1999. He was found guilty of armed robbery in 2000 and sentenced to serve 13 years...but he didn't.

Nor did he run or hide from the law. In fact, he remained in the St. Louis, Missouri, area. He inquired about serving his sentence and was told to wait for the court's instructions on reporting to prison (Officer.com, April 17, 2014) .

So he waited...and waited.

Because of a clerical error, he wasn't contacted for years which postponed his sentence. Anderson simply lived his life. He married and raised children. He worked and paid taxes. He updated his drivers license and ran three different businesses.

About the time Anderson should have completed his sentence, the Missouri Department of Corrections found the error and had a SWAT team pick him up at his home. Then he had to fight to be released.

“I never felt like a fugitive," Anderson said, "because a fugitive's someone that's running from the law. I never ran from the law. I was there" (UPI.com).

Tim Lohmar, the current prosecutor told TODAY, "I believe that if we allowed somebody to avoid an incarceration sentence, it's just a slippery slope’’ (UPI.com/TODAY.com).

Over 35,000 signatures on Change.org called for the state of Missouri to release Anderson. He served nearly a year in prison while waiting for his hearing.

"Mississippi County Associate Circuit Judge Terry Lynn Brown needed just a 10-minute hearing before ruling that he was giving Anderson credit for time served for all 4,794 days between his conviction and when he was arrested last year" (Officer.com, May 6, 2014).

On May 5, 2014, Mike Anderson walked out of court a truly free man.


Resources:

Hastings, Deborah, "Missouri man who never served sentence awaits prison term after leading crime-free life," NYdailynews.com, April 15, 2014.

Salter, Jim, "Man freed in Mo. delayed imprisonment case," Officer.com, May 6, 2014.

Salter, Jim, "Missouri convict was never told to report to prison," Officer.com, April 17, 2014.

Sevcik, JC, "Man who didn't serve prison sentence due to clerical error arrested 15 years later," UPI.com, April 15, 2014.

Stump, Scott, "Man who never served prison sentence on clerical error awaits fate," Today.com, April 15, 2014.



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Please Don't Let Me Go: Courage in Cleveland

6/7/2013

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A month after the surprising rescue of three women abducted long ago and one girl born into captivity in a Cleveland home, we can reflect on the courage of that day.

First, a standing ovation for Amanda Berry who found some way to get to the front door and gain the attention of neighbors on May 6, 2013. Despite the ever-present danger to her life, she saved her daughter, Gina DeJesus, Michele Knight, and herself.

A tribute to Amanda and her co-captives. While facing terror and deprivation, these young women garnered enough resiliency and courage to survive a ten- to twelve-year ordeal. "Three women found alive after a decade in captivity endured lonely, dark lives inside a dingy home where they were raped and allowed outside only a handful of times in disguises while walking to a garage steps away," www.officer.com.

A hug to Jocelyn (age 6), Amanda Berry's daughter born in captivity, who never knew any other life until last month. May she know the pleasures of freedom and childhood that were kept from her for her first six years.

Cheers to the families of the missing girls turned women who suffered for so long and yet, as much as circumstances allowed, dared to hope for a miracle. Thankfully that miracle came.

A huge high-five to neighbor Charles Ramsey, and possibly other neighbors, who responded to things that didn't look or sound right at 2207 Seymour Avenue. Thank you for taking action.

A salute to the officers who first responded to the scene: Anthony Espada, Barbara Johnson, Michael Tracy, Michael Simon, John Graves, Matt Cavanaugh, and the rest of the Cleveland Police Department. Three of the officers described finding the missing women and the impact on themselves in the video, "Cleveland Patrol Officers Recount Finding Missing Women." When Michelle Knight ran from Officer Espada to Officer Johnson, she grabbed hold of Johnson and said, "Please don't let me go. Please don't let me go." They didn't.

An apology to the family of the accused in this abduction and torture case. If only the accusations and blame could be washed away and directed only where they belong...only toward the one man accused of these crimes, Ariel Castro.

Kudos to the Cleveland community which is doing what it can for these crime survivors in the wake of the tragedy. They have initiated the Cleveland Courage Fund for the four victims of this series of crimes. It will provide financial support now and into the future. An Ohio lawmaker has proposed a bill that would provide abduction survivors with a lifetime of medical care, a college education, and $25,000 annually, (www.abcnews.go.com). I hope the community will also help protect the privacy of these four survivors.

Elizabeth Smart, who had been held captive for nine months as a teenager, told Good Morning America, "I think it’s so important to respect their privacy to try to help give them every chance they can to find their own way, to find their own pathway back to some sense of well-being," www.latimes.com

Jaycee Dugard, a woman who had been abducted as a child and then held captive for 18 years, made this statement to the LA Times: "These individuals need the opportunity to heal and connect back into the world...This isn't who they are. It is only what happened to them. The human spirit is incredibly resilient. More then ever this reaffirms we should never give up hope."

May the survivors begin their life-long recovery while the justice system continues the process of investigating and prosecuting the accused for his unconscionable acts.

Two ways you can act:
  • Cleveland Courage Fund: Make a direct contribution to the four who suffered most from this series of crimes. One-hundred percent of the funds will go to the three women and one child allegedly held captive by Castro. The fund had $850,000 as of June 7, 2013. Donate here: http://www.clevelandfoundation.org/about/cleveland-courage-fund/
  • The National Center for Missing and Exploited Children: Support the NCMEC in its ongoing efforts to locate missing children in the United States. You can help in many ways. Donate funds, stay informed, and/or spread the word about missing children in your area. Learn more here: http://www.missingkids.com/home



Resources:

Andolsen, Rita, "Cleveland Courage Fund Continues to Grow," www.wkyc.com, 6/7/2013.

Barr, Meghan, "More Details Come to Light in Ohio Kidnappings," www.officer.com, 5/9/2013.

Kiska, Paul, "Cleveland Courage Fund for Gina, Michelle, Amanda Climbs to $750,000 With More Ways to Help," www.newsnet5.com, 5/28/2013.

National Center for Missing & Exploited Children, "Statement from the National Center for Missing & Exploited Children on Recent Ohio Recovery," www.missingkids.com, 5/7/2013.

Ng, Christina, "Abducted Cleveland Women Bill Would Provide Them an Income, Education and Health Care," www.abcnews.go.com, 6/5/2013.

Pearce, Matt, "Elizabeth Smart, Jaycee Dugard React to Cleveland Kidnapping," www.latimes.com, 5/7/2013.

Plain Dealer staff, "Cleveland Police Video Interviews Officers Who Rescued Amanda Berry, Gina DeJesus and Michelle Knight," www.cleveland.com, 5/17/2013.

Yenko, Athena, "Police Recounts Emotional Cleveland Rescue of Amanda Berry, Gina de Jesus, Michelle Knight," www.au.ibtimes.com, 5/20/2013.


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History of Women in Law Enforcement: The Modern Era

4/8/2013

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Beginning in 1972, women found more opportunities in law enforcement, although they still faced many barriers. Progress continues to move slowly.

Equipment
In the early 70's, many women were still issued impractical uniforms that included skirts and heals. In wasn't until the late 70's that equipment belts designed for women were available.

There are still issues with uniforms, especially in departments with few women. According to Donna Milgram, executive director of the Institute for Women in Trades, Technology and Science (IWITTS), "Most gear is designed for male officers and is based on tests with male officers, and cut down versions don't really work for women. Improperly fitting equipment, and uniforms pose a health and safety hazard which could endanger the lives of police officers and of others" (Policeone.com)

Opportunities
President Richard Nixon's 1969 executive order ending the FBI's ban on hiring women as special agents had been a step in the right direction. However, the most significant piece of legislation to usher in the modern era of law enforcement for women came in 1972.

An amendment to the 1964 Civil Rights Act gave the Equal Employment Opportunity Commission (EEOC) power to enforce anti-discrimination laws for state and local government agencies--including police departments. Women began being hired in greater numbers, attending regular police academies, and receiving promotions to supervisory positions across the country. These advances were not showing up equally in every department.

"An analysis of the UCR data showed that most of the police agencies reporting to the FBI did not employ any policewomen in 2003," (Policechiefmagazine.org). While large agencies and campus police departments integrated women into patrol positions, many small, rural departments still do not have female officers.

Hiring officials say they hire the best person for the job, but complain that there are few female applicants (Pennlive.com). Recruitment still lags behind need.

Diversity is important in law enforcement. Chief James Adams of Upper Allen Twp. Police Department in Pennsylvania said, "If you look at our client base, we have significant victims, witnesses, people we arrest, who are female. I'm not saying it's 50-50, but right now we're 100 percent male as far as sworn staff" (Pennlive.com).

  • 1972: An amendment to the 1964 Civil Rights Act gave the EEOC power to enforce anti-discrimination laws for state and local government agencies.
  • 1980: The Equal Employment Opportunity Commission (EEOC) formally defined sexual harassment and classified it as a form of sexual discrimination under the Civil Rights Act of 1964.
  • 1985: Penny Harrington became first female police chief for a major city, (Portland, Oregon).
  • 1992: Jacquelyn Barrett elected as first black female sheriff (Fulton County, Georgia).
  • 1993: Margaret M. Moore, first female to serve as the head of an ATF field office (Baltimore, MD).
  • 1994: Beverly J. Harvard selected first African American woman to serve as chief of police for a large city, (Atlanta, Georgia).
  • 1995: The National Center for Women & Policing and the National Association of Women Law Enforcement Executives were founded.
  • 1999: Women in Federal Law Enforcement organization was incorporated.
  • 2003: The majority of U.S. agencies did not employ female law enforcement officers.
  • 2011: Women comprise 13% of law enforcement personnel.
  • 2013: Julia Pierson appointed by President Obama as first female Secret Service Director.

Social Barriers
"In 1973, a sergeant with the LAPD, Fanchon Blake, sued after she and other female police sergeants were not allowed to take the lieutenant's exam because they were women. She won. A similar lawsuit filed against the Los Angeles County Sheriff's Department by Sue Bouan in 1980 was eventually settled in 1988" (Policemag.com). These lawsuits helped improve hiring and promotional practices for women. However, some of the pioneers, like Bouman, confronted a backlash from peers for the rest of their careers.

Sexual harassment and hazing were common roadblocks for new female officers in the 1970's. Patty Fogerson, ret. detective supervisor III, worked as a police officer with the LAPD from 1969 to 1994. She talked about her early years on the department. "Phrases like sexual harassment and hostile work environment didn't exist back then. I was able to work robbery and detectives, background investigations, and was one of the first female drill instructors in the academy. I just got along and survived in the beginning, then things settled down" (Policemag.com).

As of 1998, there were few mentoring programs designed to support women in law enforcement (Policemag.com). Women in small departments where they may be the only female patrol officer sometimes find support through national organizations.

Benefits of Women in Law Enforcement
Rather than having a tendency to fuel an already violent situation, female officers are more likely to use communication skills to try to calm the situation. Some victims may find talking with female officers less intimidating than reporting to male officers. Chiefs point out that there are situations in which the department may open itself up to liability when only relying on male officers in sensitive situations with female victims and suspects.

While some are concerned about women not being as big and strong as some male officers, others don't see this as a major issue. There are many tools, including tasers and firearms, that simply do not rely on strength. In most situations, all officers would be better off if they relied on tactics and skills rather than strength.

Now that women play a more active role in the military, some female applicants bring military experience and tactical skills to the job.

Achievements
Although uncommon, women have served as police chiefs, sheriffs, and assistant directors of federal agencies. Women have formed supportive organizations including the International Association of Women Police, The National Center for Women & Policing, The National Association of Women Law Enforcement Executives, and Women in Federal Law Enforcement.

There are still firsts left for women in law enforcement. In fact, Julia Pierson was just selected by President Obama to be the Secret Service director on March 26, 2013. She will be the first woman to hold that post. After working as a police officer for three years at the Orlando Police Department, she joined the Secret Service. She rose through the ranks over the last 30 years (www.cfnews13.com). Some believe that she is entrusted with changing the male-dominated culture of the agency which allowed for a prostitution scandal in 2012 (Washingtonpost.com).

Progress
The International Association of Chiefs of Police released a report on "The Future of Women in Policing" (Criminaljusticeschoolinfo.com). These were their findings:

  • Given the variety of circumstances faced by law enforcement officers, it has been found that women can be just as effective and even more effective in certain scenarios.

  • Women often show a high degree of competency in intellectual and strategic situations and can diffuse potentially dangerous situations with great skill

  • Women still face discrimination, sexual harassment, and peer intimidation in their roles

  • As role models at higher levels of law enforcement increase, the number of women interested increases

  • The media has recently made a shift and portrayed women as competent and effective law enforcement personnel, which is helpful for changing societal assumptions

  • More than two-thirds of current criminal justice students polled are in support of additional women law enforcement officers

  • Women law enforcement officers are especially effective in carrying out the new community model of policing, which is less reactive and more proactive

Women's role in law enforcement has grown significantly in the last 140 years (see Women in Law Enforcement: The Early Years). Yet, women hold only 13% of law enforcement jobs, and only 7% of supervisory positions (Criminaljusticeschoolinfo.com). Many small departments still have no females among their sworn officers. Unlike their male counterparts, female officers frequently feel the need to prove themselves daily. Perseverance has allowed women to make contributions and attain increasingly more powerful roles in law enforcement.


Resources:

Criminal Justice School Info, "Women in Law Enforcement," www.criminaljusticeschoolinfo.com, (accessed 4-2-2013).

Horne, Peter, "Policewomen: Their First Century and the New Era," www.policechiefmagazine.org, September, 2006.

Miller, Barbara, "Female Police Officers are Rare but Sought After for Unique Skills," www.pennLive.com, 12-8-2012.

National Law Enforcement Officer Museum, "Women in Law Enforcement Photo Timeline," www.NLEOMF.org, (accessed 3-20-2013).

News 13, "Orlando's Julia Pierson Named 1st Woman Secret Service Head," www.cfnews13.com, 3-26-2013.

Scoville, Dean, "The First Female Patrol Officers," www.policemag.com, 9-21-2012.

Stone, Rebecca, "Sam Browne and Beyond: A Look at Duty Belts," www.policeone.com, Nov. 2000.

Wilson, Scott, "Obama to Name Julia Pierson as New Secret Service Director," www.washintonpost.com, 3-26-2013.

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Big Hand: Violence Against Women Act Reinstated

3/8/2013

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Yesterday President Barack Obama signed the Violence Against Women Act (VAMA) into law. Not only does it reinstate the earlier VAMA provisions which helped women who suffered domestic violence and sexual assault, it also extends protections to lesbians, gays, immigrants, and Native Americans.

"All women deserve the right to live free from fear," President Obama said, (USAToday.com)

Last year the Congress failed to come to an agreement to reauthorize the act. This year, the Senate passed the bill on a 78-22 vote which included every Democrat, every woman, and 23 of 45 Republicans. An attempt to remove the protections for new groups was eventually rejected and the bill passed the House on a 286-238 vote, (FOXnews.com).

"The Violence Against Women Act has set the standard for how to protect women, and some men, from domestic abuse and prosecute abusers and is credited with helping reduce domestic violence incidents by two-thirds since its inception in 1994," (Bostom.com).

Selected VAMA Provisions
  • Enables domestic violence crimes against women to be prosecuted in federal courts
  • Prevents service providers from refusing services to gay, lesbian, transgender and bisexual victims of domestic violence
  • Offers grants for transitional housing and legal assistance
  • Offers grants for law enforcement training and hotlines
  • Reauthorizes the Trafficking Victims Protection Act
  • Allows Tribal Courts to prosecute non-native attackers of Native American women on tribal lands
  • Adds stalking to the list of crimes for which protection is available to undocumented immigrants
  • Supports programs to reduce sexual assaults on college campuses
  • Authorizes programs to reduce the backlog of rape investigations

Native American women experience domestic violence at roughly twice the rate of the general U.S. population. Although Native American Tribes are legally sovereign nations, U.S. federal law and Supreme Court rulings have not enabled Tribal Courts to exert jurisdiction and prosecute non-native American perpetrators of crimes on their lands.

This is a huge barrier to justice for Native American women, nearly half of whom are married to non-American Indians. In fact, nearly "77 percent of people living in American Indian and Alaska Native areas are non-Indian, according to a recent Census report," (AP.org). The latest version of the Violence Against Women Act will change that in regard to domestic violence.

‘‘One of the great legacies of this law is it didn’t just change the rules, it changed our culture. It empowered people to start speaking out,’’ Obama said, (Boston.com)


Resources:

Associated Press, "Congress Passes Bill Renewing Violence Against Women Act," FoxNews.com, 2-28-2013.
Cohen, Tom, "House Passes Violence Against Women Act After GOP Version Defeated," CNN.com, 2-28-2013.
Fonseca, Felicia, "Law Gives Tribes New Authority Over Non-Indians," AP.org, 3-7-2013.
Jackson, David, "Obama Signs Renewal of Violence Against Women Act," USAToday.com, 3-7-2013.
Lederman, Josh, "Obama Signs Expanded Violence Against Women Act," Bostom.com, 3-7-2013.
Parker, Ashley, "House Renews Violence Against Women Measure," NYTimes.com, 2-28-2013.


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Confronting a Killer: "You Will Not Take our Spirit"

11/14/2012

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In January 2011, Jared Lee Loughner plotted, laid in wait, and then opened fire on former Arizona congresswoman Gabrielle "Gabby" Giffords and a group of her constituents. He killed 6 and wounded 13 that day. Last week the survivors had the opportunity to deliver a statement in court.

Surviving victims and family members had the chance to make victim impact statements. They could confront the offender and inform the court about the pain and loss caused by the crime.

According to victimsofcrime.org, a victim impact statement (VIS) may be written or oral. It may include the following:
  • Physical damage caused by the crime.
  • Emotional damage caused by the crime.
  • Financial costs to the victim from the crime.
  • Medical or psychological treatments required by the victim or his or her family.
  • The need for restitution.
  • The victim's views on the crime or the offender (in some states).
  • The victim's views on an appropriate sentence (in some states).

Victim statements become part of the official record and may be considered by parole boards, probation officers, or correctional institutions. They are also heard by judges before sentencing as in the Loughner case.

Mavanell "Mavy" Stoddard, who had been shot three times and watched her husband die in her arms, made a statement in front of Loughner. "Jared, when you took my precious Dorwan, you ruined my whole life" (WSJ). After expressing the grief and loneliness of losing her love, she said, "We will never let you win. You will not take our spirit" (ABC). In fact, before ending her statement, Mavy told Loughner that she forgave him.

Rep. Ron Barber called for increased awareness and knowledge about mental illness, but he also condemned the shooter's actions in his statement. "You must pay the price for the terror, injuries and deaths you caused".(Barber.House.Gov)

Although Gabby Giffords did not make a statement, she looked Loughner in the eye while her husband, Mark Kelly, made a lengthy statement about pain, lost dreams, and gun control. Standing by his wife, Kelly added, "You may have put a bullet through her head, but you haven't put a dent in her spirit and her commitment to make the world a better place"(ABC).

After all the statements, Judge Larry A. Burns of the U.S. District Court in Tucson sentenced the killer to seven consecutive life sentences plus 140 years in federal prison. "Mr. Loughner will never step outside a prison," the judge said (WSJ). A sentence being handed down 22 months after a mass murder is incredibly quick.

A plea saved Loughner from facing a jury trial and possible federal death penalty. State prosecutors decided not to seek additional charges to spare victims a longer judicial process. Also, the methodical nature of the crime, made it impossible for defence lawyers to seek a complicated insanity plea.  Rep. Barber said, "I am grateful that all of us will be spared the painful ordeal of a lengthy legal process followed by unending appeals" (Barber.House.Gov).

In this case, victims had their say and justice was swift.

Resources:

Giffords Faces Ariz. Shooter for 1st Time in Court, ABCNews, 11-10-12
Loughner Sentenced to 7 consecutive life terms, AZCentral, 11-9-12
Victim Impact Statents, The National Center for Victims of Crime, accessed 11-11-12
Loughner Sentenced to Life, The Wall Street Journal, 11-8-12
U.S. Rep. Ron Barber's Statement at the Sentencing of Jared Lee Loughner, Barber.House.Gov, 11-8-12
Mass Killers Aren't Necessarily Psychopaths, Psychiatrists Explain, The Huffington Post, 8-14-12
Updated: List of Injured Victims in Arizona Shooting Released by Pima County Sheriff, The Washington Post Blog, 1-14-11



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CSI on Trial: False Confessions & Fake Evidence

10/10/2012

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My husband and I have ordered seed from the Stock Seed Farms in Murdock, Nebraska, many times over the years. We even drove there once to pick up seed and admire fields of prairie grasses such as Big Bluestem and Little Bluestem. Like most Nebraskans, we were shocked to hear that owners Wayne and Sharmon Stock had been murdered in their home in 2006.  There were more surprises during the investigation of those murders that shook law enforcement and citizens in Nebraska.

Nebraska Educational Telecommunications (NET) has produced a one-hour documentary on the case investigation and the evidence initially used to hold two innocent men in jail. It shows the involvement of ex-CSI chief David Kofoed, who has since been sentenced to prison. Kofoed maintains his innocence.

I have to agree with Judge Rehmeier's statement in the Lincoln Journal Star: "Nothing should undermine the confidence in the system." The evidence tampering for which Kofoed was found guilty threatened the lives of innocent men and jeopardized the hunt for the real killers. It also made it harder for other law enforcement investigators to prove their credibility.

The good news is that the innocent men are now free, the guilty are in prison, and Kofoed is no longer working CSI. If you are interested in crime, justice, or murder mysteries, watch NET's CSI on Trial online or on your television.

  • CSI on Trial (schedule and links), Nebraska Educational Telecommunications, 2012
  • Extended video excerpts and documents from the investigation (Available mid-November 2012)
  • "Ex-CSI chief Kofoed sentenced to prison," Lincoln Journal Star, June 01, 2010
  • "Was Nebrask Couple's Murder Revenge or Random?" ABC 20/20, September 3, 2010

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Hoping for a RAINN Day to Fight Sexual Violence

9/19/2012

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Like other states, Nebraska is experiencing "exceptional" drought. The September 11, 2012 U.S. Drought Monitor map shows the extent of the emergency.

I don't know how to get more rain to fall on parched ground, but I have found another kind of RAINN Day to promote as a way of combating sexual violence.

"Every 2 minutes, someone in the U.S. is sexually assaulted," according to RAINN, The Rape, Abuse & Incest National Network. Of those victims, 80% will be under the age of 30, 44% will be under the age of 18 (http://www.rainn.org/statistics). College students are encouraged to host events to raise awareness of sexual violence on RAINN Day, Thursday, September 27, 2012.

Consider conducting an event of your own. Some of last year's RAINN Day events are highlighted in Cosmopolitan.

For instance, at Indiana University of Pennsylvania, 40 umbrellas were painted with sexual assault information and placed on the ground in the grove. The Undergraduate Student Government at Boston College wore matching t-shirts printed with "Sexual Assault Awareness Day" and the local hotline number. Elsewhere in the nation, campuses held raffles, symposia, screenings of The Girl with the Dragon Tattoo, and activities such as chalking statistics on campus sidewalks.

Do your own RAINN dance on your campus or in your community. Check out the RAINN website or call these numbers for more information on preventing or responding to sexual violence.

  • Rape, Abuse & Incest National Network Website: http://www.rainn.org/
  • National Sexual Assault Hotline: 800-656-HOPE (4673)
  • National Domestic Violence Hotline: 800-799-SAFE (7233) or 800-787-3224 (TDD)



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    Author

    Laura Cooper lives in Nebraska and writes crime fiction and a wide range of short stories from her family farm.

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