Eunice's Story
(Read Pre-trial News Article)
It could be argued that the only thing our penal
system punishes is weakness, be it mental or financial. Few cases support
this argument as convincingly as that of Eunice Baker.
Eunice Baker is a 24-year-old woman with a mental
disability. Her IQ has been repeatedly measured at around 70. Needless to
say, Eunice was teased and bullied in school. This same primal
cruelty--the same tendency children have to attack those who are different
and weaker--has resulted in her being sentenced to 15-years-to-life in
prison for the murder of a child who, in fact, died because of a tragic
accident. Eunice was picked as a scapegoat by the people around her for
the simple reason that she was the one least able to defend herself.
This is a story about poverty. Few if any of those who
testified against Eunice have much money or education. When people are
poor they suffer, and when people suffer they often become cruel. What is
most disturbing about this case, however, is that the criminal justice
system allowed itself to become an instrument of this cruelty. Police,
prosecutors, the media, and ultimately twelve jurors were all too ready to
believe the worst about Eunice in spite of overwhelming evidence in
support of her innocence. Once the finger of blame was pointed, no one
stopped to question whether, perhaps, Eunice's mental handicap had
impaired her ability to defend herself. Instead, just like the "friends"
of Eunice who first pointed the finger of blame at her, police and
prosecutors took advantage of Eunice's disability to "win" a conviction
and lock her behind bars, while the media took the opportunity to portray
a grisly but highly improbable story so as to sell a lot of papers and get
good ratings.
In the early morning hours of June 29, 1999, Eunice
Baker was baby-sitting three-year-old Charlotte Kurtz in the home of
Charlotte's guardians. At some point that night, a short circuit in the
wires leading to the thermostat caused the furnace to begin running
continuously. The temperature in Charlotte's room rose to nearly 130
degrees Fahrenheit.
These facts are not in dispute. The technician
who eventually discovered the short in the wiring had been hired by the
prosecution. The temperature reading of 130 degrees was measured by a
police officer.
At about 2:00 AM, when Charlotte's guardians returned
home they found Charlotte in her room unconscious. An hour later, doctors
at a nearby hospital pronounced her dead of hyperthermia, or excessive
heat.
At about 10:00 AM, after a sleepless night and several
hours of interrogation, Eunice Baker signed a statement confessing to the
premeditated murder of Charlotte Kurtz. According to this statement,
Eunice had been planning on killing Charlotte for "the last two days" and
had "turned up the thermostat at about 9:00 PM," because she "thought that
if [she] could get [Charlotte's] body temperature up high enough [she]
could kill her." The statement also added that Eunice "wanted [Charlotte]
to die because [she] couldn't stand her."
It doesn't take a genius to see that this "confession"
directly contradicts the facts of the case and makes no sense whatsoever.
Aside from the obvious fact that thermostats cannot be set to 130 degrees
(the thermostat in question had a top setting of 88 degrees) and the
equally obvious fact that Eunice could not have planned to murder
Charlotte by turning up the thermostat --unless you believe that the short
circuit happened purely by coincidence on the same day Eunice had been
"planning" this "murder"--what possible motive could a baby-sitter have
for killing a child, even if she "couldn't stand her"? Wouldn't it have
been simpler to get another job?
Since Eunice's interrogation was conducted without the
benefit of a tape recorder, we can only speculate as to how this bizarre
and twisted story ended up on a piece of paper with Eunice's signature on
it. Eunice later recalled that the interrogating officer had repeatedly
called her a liar when she'd protested her innocence, had refused to call
a lawyer when she'd asked for one, and had repeatedly yelled at her. Once
Eunice had signed the confession and been informed that she was under
arrest for murder, a police officer asked Eunice if he could throw out
some left-over French fries she had been eating. Later on, at a
preliminary hearing, the officer recalled Eunice replying that she would
"finish them at home."
Clearly, the police coerced a mentally disabled woman
into confessing to a crime she did not commit. The question remains: Why?
Where did the police get the idea that Eunice deliberately murdered a
three-year-old child?
The answer to this question becomes clear when you take
into account the fact that Eunice was the last of eight witnesses
interrogated on the morning of Charlotte's death. Among these witnesses
were Charlotte's guardians, the landlord who owned the home with the
faulty thermostat wiring, and several other "friends" and neighbors of
Eunice. (Eunice had lived only a few doors away from the home of
Charlotte's guardians where she had been babysitting.)
There is no public record of what these witnesses told
police that night; but judging what they told the media in the coming
days, it was cruel, baseless slander. One "friend" told The Press & Sun
Bulletin, a Binghamton newspaper, that "[Eunice] did not like baby-sitting
for Charlotte" and "yelled and swore at her all the time." A neighbor
reported how Eunice had "showed no remorse" at the time of her arrest:
"She acted like she didn't care. No tears in her eyes whatsoever." A
childhood acquaintance of Eunice's recalled how, when Eunice was a
child,"[she had] once visited her childhood home but [had been] barred
from ever returning because she poked and threw stones at the family
pets."
It is difficult to imagine people saying such things
unless there was some truth to them; but the fact is, Eunice never
mistreated Charlotte. Over the course of the coming trial, several
witnesses testified that Charlotte loved Eunice, and that Eunice was
incapable of mistreating Charlotte or any other child. Even Charlotte's
guardian admitted, under oath, that she had never seen Eunice raise her
voice to Charlotte or mistreat her in any way.
Why, then, did these people say such horrible things
about Eunice to the media and, presumably, to the police? The short answer
is that they were looking for somebody to blame. If we pause and honestly
try to consider the guilt, despair, anger, and helplessness felt by people
living on one of the poorer blocks of an economically depressed town like
Owego, New York, it becomes easier to imagine such people venting their
emotions over Charlotte's death by demonizing a mentally handicapped woman
such as Eunice.
Perhaps the most vigorous of Eunice's slanderers was a
man who the media eventually came to describe as "Eunice's former
boyfriend," or "Eunice's ex-lover." Eunice's mother, Debby Brown,
describes him in different terms. According to Debby, this "boyfriend" was
a merely a man living in the same apartment house as Eunice who had once
coerced Eunice into exposing her breasts to him, leaving her confused and
frightened. This was the extent of their relationship. Considering the
fact that Eunice had only left home for the first time six months prior to
her arrest, it hardly seems likely that she'd had enough time to develop a
much more meaningful relationship.
Whether it was because he was embarrassed at being
romantically associated with a retarded girl, or whether it was for some
other reason, it was "Eunice's former boyfriend" who made the ugliest and
nastiest public comments about Eunice. During the trial, he took the
witness stand and explained that he had crumpled up a picture of Eunice
he'd had in his possession because he, "couldn't stand looking at it. If I
had to go to the bathroom, I would probably have used it for toilet
paper," he quipped to the chuckles of "Charlotte's supporters."
Outside the courtroom this "former boyfriend" told
reporters that he believed: "Eunice should stay in prison for life away
from society.... The stuff the defense attorney was spewing out made me
want to vomit--that she's a poor, little innocent girl. Yeah, right."
But perhaps most damaging to Eunice, was what this
"former boyfriend" told newspapers shortly after Charlottes's death and
what he presumably told police the morning of Charlotte's death. On July
5th, a week after Charlotte's death, an article in The Press & Sun quoted
this "former boyfriend" as saying: "[Eunice] always complained about [her
job]. When she heard she was scheduled to baby-sit on the Fourth of July
she threw a fit. She didn't want to do it. She said she wanted to go see
fireworks.... She said she was going to do something about it."
More than one person told the newspaper how Eunice had
complained about the long hours and low pay she was receiving for
baby-sitting Charlotte. Considering that Eunice's starting salary for
baby-sitting had been two dollars per day, it seems reasonable for her to
have complained. What is not reasonable is to infer that Eunice's
dissatisfaction with her job could have motivated her to murder a
three-year-old child. Yet this is precisely what the media inferred and
led others to infer. The two-line headline above the article quoting
"Eunice's former boyfriend" read: "Suspect disliked caring for little
girl, friends say. Owego woman upset she had to work July 4, they say."
The first sentence of the article read: "Eunice Baker told several friends
and neighbors that she did not want to baby-sit for 3-year-old Charlotte
Kurtz this Fourth of July and that she was 'going to do something about
it.'"
Propagated by the media, the idea that Eunice
deliberately murdered Charlotte spread like a virus. As Eunice was led
away by police after a July 2nd preliminary felony hearing at Owego Town
Court, she was greeted with screams of, "Murderer!" "Baby killer!" and
"Die, bitch, die!" Whatever love or compassion people felt towards
Charlotte was converted into hatred of Eunice.
"I hope she rots in hell," Charlotte's mother told
reporters. Charlotte's grandmother had similar sentiments: "I believe in
the Bible: An eye for an eye and a tooth for a tooth." (Apparently she was
unfamiliar with the New Testament.)
With public opinion solidly against Eunice, and
Charlotte's family openly calling for vengeance, District Attorney Gerald
Keene had little trouble winning a conviction. Given Keene's zealous
prosecution, the jury seemed to have little trouble ignoring the lengthy
testimony given by heating technicians about the short-circuit in the
wiring. As all good prosecutors know, facts are irrelevant in the face of
powerful emotion. Rather than trying to explain to the jury how
Charlotte's death could have been a murder in spite of the short-circuit,
he urged the jury to imagine the suffering Charlotte endured on the night
she died.
With an authority figure telling them that Eunice was
responsible for causing this suffering and urging them to punish her, is
it any wonder the jurors decided to lock her behind bars for fifteen
years?
Eunice's Story copied in 2005 from now defunct URL
http://eunicebaker.20m.com/eunicestory.html
Random Harvest Weekly, Feb 9,
2000
Owego Murder Trial
Raises Tough Questions
Experts have
testified that Eunice Baker's learning disabilities are severe enough to
make her signed statements following the June incident subject to
question. Other experts disagree. Baker's family argues that the blame
lies with a legal system incapable of handling the needs of those with
borderline mental impairments.
BY KENNETH GUTIERREZ
At 2:45 AM on Tuesday, June 29, 1999 three-year-old
Charlotte Kurtz was pronounced dead of hyperthermia. An hour earlier Donna
Hollenbeck, Charlotte's legal guardian, had returned home to discover
Charlotte in her room unconscious. Her skin was hot. Her eyes were glazed.
The temperature was stiflingly hot, the door was closed, the furnace was
on, and the baby-sitter, Eunice Baker, was sitting in the living room
watching TV, the volume blaring.
Donna called 911. As word spread a crowd gathered.
People were shouting. A neighbor tried to perform CPR. An ambulance
arrived. emergency medical technicians took over the CPR and rushed
Charlotte to the hospital. The police arrived.
Throughout the commotion Eunice reportedly didn't say
much. The only statement witnesses reported her making at the time was, "I
feel so stupid."
At about 4:00 AM, after consulting with superiors,
Patrolman Jeffrey Waslyn of the Owego Police Department asked Eunice and
seven other witnesses to report to the police station to make statements.
Since the station was close by, Officer Waslyn drove ahead and the
witnesses walked to the station unescorted. One at a time, the witnesses
were asked inside to be questioned. Eunice went last.
At 7:30 AM, Investigator Michael Myers, a thirteen-year
veteran of the New York State Police, arrived at the station, read Eunice
her Miranda rights, and began his interrogation. Over the course of the
interrogation, (which was conducted without the benefit of a tape
recorder) Officer Myers produced four pages of handwritten notes and two
typewritten statements signed by Eunice.
In the first statement Eunice denied any wrongdoing.
She said she had known "the thermostat was causing the heat to blow up out
of the register," but that she hadn't touched the thermostat because she
"didn't want to make it warmer." She had tried to cool the room by opening
Charlotte's window, but could only open it "a little bit." She had been
"getting worried" when she put Charlotte to bed "because [Charlotte] was
crying and saying, 'It's hot, it's hot;'" but she hadn't thought of
calling anybody about the furnace being on because "she knew the landlord
was at work." She had thought about turning on the fan in Charlotte's
room, but had reconsidered, fearing "she might tip it over or put her
fingers in the fan blade."
In the second statement however, Eunice's story changed
dramatically. Eunice now claimed she had dressed Charlotte in "a pull-up
and a long T-shirt " and "turned up the thermostat at about 9 PM."
Additional assertions from the second statement include: "I thought that
if I could get her body temperature up high enough I could kill her," and
"I wanted her to die because I couldn't stand her."
At 9:58 AM, Eunice was informed that she was under
arrest for the murder of Charlotte Kurtz. There is reason to doubt that
Eunice fully understood the implications of her situation. Moments later,
when an officer asked whether he could throw out some McDonald's French
fries she'd been eating, Eunice replied, "No, I'm going to finish them at
home." Three days later Eunice's bail was set at $200,000. She still
hasn't been home.
The early morning hours of June 29th marked the end of
one sad story and the beginning of another. It was the end of the
Charlotte Kurtz, a three-year old who had lived in no less than nine
different homes in her short, painful life. However, as I was to learn in
a series of interviews, it was also the beginning of an ordeal for Eunice
Baker and her family, an ordeal that is continuing this week in the Tioga
County Courthouse as the murder trial of Eunice Baker enters its second
week.
Eunice's mother, Debby Brown, first learned of Eunice's
arrest when a friend of the family called to express her condolences.
(Eunice, it seems, had neglected to take advantage of her right to a phone
call.) The friend had heard about Eunice on TV. Debby immediately went to
the Owego Police Department. She was allowed a ten minute visit with her
daughter. Eunice proclaimed her innocence; but as far as Debby was
concerned it was unnecessary. She was already certain Eunice was not
capable of what she'd been accused. Debby later recalled: "I asked Eunice,
'Why didn't you make a telephone call?' and she said, 'Because I didn't
know I could.' Then I said, 'Why didn't you tell them you wanted a
lawyer?' and she said, 'I did.' They just kept after her, kept questioning
her anyway."
Debby's ten-minute meeting with Eunice took place on a
Wednesday. Visiting hours at the Tioga County Jail were not until
Saturday. In the meantime, Debby's only source of information as to what
had happened would be the media.
The media was not kind to Eunice. The first murder
trial to be held in the Village of Owego in a decade, Eunice's case
received a considerable amount of media attention and incited a great deal
of passion. The day after Eunice's arrest, the front page of The Press &
Sun Bulletin, a Binghamton newspaper, carried an ugly and sensational
portrait of Charlotte's death and Eunice's role in it. "Neighbors say
thermostat was set at 95 degrees," read one headline. "Suspect disliked
caring for little girl: Owego woman upset she had to work July 4, they
say," read the headline on the next day. Two days later, after a July 2nd
preliminary felony hearing at Owego Town Court, the headline read: "EMT
recalls: 'She just radiated heat,'" meaning, of course, the body of
three-year-old Charlotte Kurtz.
The Press & Sun had based their headlines on interviews
with Charlotte's guardians and Eunice's friends and neighbors. According
to one neighbor, Eunice had said she did not want to babysit for Charlotte
on the coming Fourth of July and "was going to do something about it."
According to a friend, "[Eunice] did not like babysitting for Charlotte"
and "yelled and swore at her all the time." Another friend reported how
Eunice had "showed no remorse" at the time of her arrest: "She acted like
she didn't care. No tears in her eyes whatsoever." A childhood
acquaintance of Eunice's recalled how, "[Eunice had] once visited her
childhood home but was barred from ever returning because she poked and
threw stones at the family pets."
Clearly the majority of Eunice acquaintances in Owego,
the reporter for the Press and Sun, and (in all likelihood) the vast
majority of people who read these articles all believed what the Owego
Police Department was claiming: that Eunice Baker had deliberately dressed
Charlotte Kurtz in extra clothes, turned up the thermostat as high as it
would go, and locked Charlotte in her room so that she would swelter to
death. This would explain why, as Eunice was led away by police after a
July 2nd preliminary felony hearing at Owego Town Court, she was greeted
with screams of, "Murderer!" "Baby killer!" and "Die, bitch, die!"
One can only imagine Debby's state of mind as she
followed the coverage of Eunice's arrest. Debby herself has a hard time
remembering it. She's "blocked most of it out." She does, however,
remember thinking, "it was nasty." She also remembers being angry.
The first people Debby turned to upon learning of
Eunice's arrest were Sandra and David Verity (Debby's brother and his
wife). Like Debby, their faith in Eunice's innocence has been absolute and
unwavering. As Sandra unequivocally put it: "There's no way she could have
done this. All these people are pointing their fingers, but they don't
know who they're pointing at. They haven't even met her."
Sandra and David are angry too. David's so mad he's
afraid he's "going to punch someone out." They're angry at a criminal
justice system capable of imprisoning a girl for being unable to cope with
what they believe was a tragic accident. They're angry with some of the
so-called friends of Eunice who had been quoted by the Binghamton media.
(David later said they were "a bad crowd" and that some of those quoted
had taken advantage of Eunice both financially and sexually. ) But the
brunt of their anger is directed at the media for "trying and convicting
her" before she had even appeared in court. "They're not looking for the
truth. They're not looking for facts. They're looking for a story to sell
papers," David said of the media (present company excluded). Sandra
agreed: "It's been a real eye-opener. Before, when I used to read [about a
crime in] the paper I'd say, 'Oh, what a terrible person.' Now I read it
and say, 'Well, maybe ...'"
Sandra began making phone calls on Eunice's behalf as
soon as she learned of the arrest. As she recalled: "The first person I
called was the District Attorney, not realizing you're not supposed to do
that. He said, 'What are you talking to me for?' and I said, 'Well, have
you met my niece?' and he said, 'No,' and I said, 'Well, I'd like you to
do that. I'd like you to give me your opinion of her cognitive ability.'"
You may already have a guess as to what Sandra was
referring. Although she graduated from Spencer-Van Etten High School,
Eunice Baker is borderline mentally retarded. To quote a copy of Eunice's
school records which Debby and Sandra assembled and distributed to the
media: "An evaluation completed during June of 1983 revealed a Stanford
Binet IQ of 70." Seventy is the cut off number. People with IQs below 70
are officially deemed retarded. Another evaluation stated: "Several
indications of brain damage have been found." Along with the school
records were some awkward and poignantly childish pictures drawn by
Eunice. Later I was to learn she had drawn them in jail.
Sandra's next call was to the public defender that had
been assigned to Eunice. As Sandra recalled, "the first words out of his
mouth were, 'Your niece is in big trouble. She signed three statements!'"
Again Sandra asked, "Well, have you met my niece?
There's no way she could have mentally put something like that together."
He hadn't met Eunice but he promised he would. When Sandra next spoke to
Debby, she told her: "We can't have this guy defend her. He already told
me she's guilty!"
Later that day, when a friend of the family recommended
Ithaca attorney Scott Miller, Debby didn't hesitate. She retained his
services and began taking the necessary steps to cash in the pension she
had earned by working for thirteen years as a custodian for Hadco, a
manufacturer of printed circuit boards.
Scott Miller's first legal move was to request the
scheduling of a suppression, or Huntley, hearing. The hearing would
determine whether Eunice's confession should be admitted as evidence or
suppressed on the grounds that she had not been properly advised of her
Miranda rights. In this case, Miller would be claiming that Eunice had
simply not understood them.
The suppression hearing was scheduled for December
10th, over five months after Eunice's arrest. During that time, Debby,
Sandra, and David continued to visit Eunice in jail regularly. In November
expert witnesses for both the defense and the prosecution met with Eunice
to ask her questions and measure her IQ. In November, I also met with
Eunice.
When I spoke to Eunice, I couldn't ask her how she felt
about Charlotte. I couldn't ask her whether she really put the extra
clothes on her. I couldn't ask her anything directly pertaining to her
case. There is a surveillance camera in the room, and Eunice's family had
asked me not to discuss such details for fear our conversations were being
recorded. They were worried that Eunice might inadvertently say something
which, taken out of context, would adversely affect her case.
Instead we talked about how she was feeling. She missed
her Pekinese, Mai Ling, and her pet guinea pigs. She had received the Star
Wars coloring books her uncle David had sent her and was enjoying them
very much. For the most part she was being well treated, though once while
watching Court TV, one of her fellow inmates had suggested that she "go
turn up the thermostat." On the other hand, one of the COs "makes her
laugh and laugh." Even so, she's eager to go home. As we leave David
promises her a Grand Slam breakfast at Denny's the day she gets out.
"You know they give her a cavity search every time I
visit her," David remarks as we leave the jail. "I can't imagine what that
does to her. Especially after having been sexually abused [by her
step-father] as a child."
The suppression hearing began, as scheduled, on Friday,
December 10th in the Tioga County Court with Judge Vincent A. Squeglia
presiding and Tioga County District Attorney Gerald Keene representing the
people. Debby, Sandra, and Michele (Eunice's sister) were in attendance.
Michele, who also once babysat for Charlotte Kurtz and who is also
learning disabled was expecting a baby. That morning her doctor had
informed her that she had dilated one centimeter.
The first witness called was Owego Patrolman Jeffrey
Waslyn. Under the questioning of Diane Galbraith, a colleague of Scott
Miller, Waslyn testified that he had read Eunice her Miranda rights the
night she was arrested. Galbraith went on to question him about the manner
in which he had read her the rights and the exact length of time it had
taken him to read them.
The second witness called was state police Investigator
Michael Myers. It was Investigator Myers who had typed the confessions
Eunice had signed. Under the questioning of District Attorney Keene, Myers
testified that he too had read Eunice her Miranda rights. He had also
given her a written copy of the rights for her to read and sign, thereby
acknowledging that she had understood them. He further testified that he
had in no way restrained, threatened, or physically intimidated Eunice
throughout the course of his interrogation.
In her cross-examination, Galbraith questioned Myers
about the exact manner in which he had conducted his interrogation. She
asked if there had been any windows in the interrogation room. (There
hadn't.) She asked him if his gun had been visible to Eunice as he
questioned her. (It had.) Most significantly, however, she asked if he had
noticed any indication that Eunice Baker was learning disabled. (He
hadn't.)
When Investigator Myers testified that he hadn't
noticed Eunice's disability, Sandra Verity gasped audibly in apparent
disbelief.
The first day of the suppression hearing ended with
Investigator Myers testimony. The hearing reconvened on Monday. Again,
Debby and Michele were in attendance.
Day two began with the testimony of Dr. Thomas Lazzaro,
the forensic psychologist Scott Miller had hired to testify as an expert
witness on Eunice's behalf. Under questioning by Scott Miller, Dr. Lazzaro
discussed the findings of his interview with Eunice and the results of the
intelligence test he had administered to her. Eunice had scored a 78 on
the WAIS III IQ test. From this he concluded that, while technically not
retarded, Eunice was certainly "learning disabled" as well as "extremely
deficient in short-term memory and judgment in everyday situations."
Lazzaro added that Baker's mental infirmities are
severe enough to make her "highly susceptible to coercion," and went on to
say, "She is easily influenced by people in authority. She desires to give
the answer she thinks the questioner wants." He referred to this
phenomenon as "yea-saying."
Though unfamiliar with the expression "yea-saying,"
Debby had once described Eunice to me in almost identical terms: "You have
to understand, when Eunice is being accused of something, especially
something that she hasn't done, she becomes very silent. Then she'll look
at the person that's accusing her and study them to find out the way she
should respond. You know, 'Should I respond this way? Should I say yes?
Should I say no?' This is Eunice. When she grew up she was this way. There
were times where some of my other children did things and I'd say to
Eunice, 'You did this?' and she'd say, 'Yes.' Then later I'd find out that
Eunice had confessed to something she had not even done."
As Dr. Lazzaro related how Eunice had been sexually
molested when she was seven years old and how her school records confirmed
his opinion that the right side of Eunice's brain was damaged, Debby wept
openly. These are not the kind of things one enjoys hearing about their
child. Furthermore, much of what Dr. Lazzaro said was new to her. The
first time she had ever heard of Eunice's brain damage was when she had
requested copies of Eunice's school records as part of Eunice's defense.
Eunice's school had neglected to inform her.
Another important point in Lazzaro's testimony was his
opinion that the fact Eunice had only had ninety minutes of sleep in the
twenty-four hours prior to her interrogation would have greatly
exacerbated her tendency to yea-say and greatly diminished her capacity to
understand what was happening to her. Finally, Lazzaro concluded ("with a
certainty approaching one hundred percent") that Eunice "was not able to
understand her Miranda rights."
Needless to say, the DA's expert witness, Dr. Sanford
Drob, Director of psychological assessment services at Bellevue Hospital,
believed otherwise. Though Drob acknowledged that Eunice was learning
disabled and that it was a "reasonable inference that there might be
damage to the right side of [Eunice's] brain," he also pointed out that
her reading skills were almost normal and that her vocabulary was good.
"It was clear she had a reasonable understanding of what each of the words
in the rights meant," Drob said.
Eunice's suppression hearing ended with Dr. Drob's
testimony. On Thursday, January 13 Judge Squeglia ruled that the
statements Eunice had made to police would be allowed as evidence in her
murder trial. In his statement, Judge Squeglia cited several cases in
which retarded people had been found capable of understanding their
Miranda rights. Apparently, this kind of thing goes on all the time.
Eunice's murder trial began on January 31. In their
opening arguments, both DA Gerald Keene and Scott Miller referred to a
fact that had not been previously mentioned in the media. An inspector
hired by the prosecution had actually found a short in the wiring
controlling the furnace. Miller asserted that this would prove Eunice's
innocence. Keene merely stated that this was a fact which would remain
unexplained.
Eunice's trial is continuing this week at the Owego
County Courthouse and is expected to last another two weeks. If convicted,
Eunice faces the possibility of life imprisonment. She would be
incarcerated with the general prison population, as there are currently no
special provisions for the mentally handicapped in our penal system. But
Scott Miller is guardedly optimistic regarding the outcome. "Things are
looking a lot better than I thought they would at this point. I think her
chances are pretty good; but you can never be sure what a jury is going to
do."
Eunice's family is also hoping for the best, though at
times, they also fear the worst. As David Verity put it: "If Eunice is
convicted, what little faith I have left will be gone. This just can't
happen. It's not going to happen."
Debby Brown is also hopeful, and has also grown
increasingly concerned with protecting the rights of the poor and
handicapped within the criminal justice system: "We pray that the truth
will be known and that Eunice will be found not guilty; but, as a
community of people, we also need to seriously look at this situation
because there are many people who don't have the money or, even because of
their disabilities, are going to be at risk of being incarcerated for
crimes they have not done. And there just doesn't seem to be anything out
there to protect the people's rights." Debby and Sandra have begun
lobbying for a branch of O.A.R. (Offender Aid and Restoration) to be
allowed into Tioga County. |