Fear-Murder-Cover-Up-Corruption on Anna Maria Island in Florida

The walls inside the rooms at the landmark Bridge Walk Resort on Anna Maria Island in Florida were apparently thin enough for guests in adjacent rooms to hear arguing and fighting.  A call to 911 for assistance was made not by Sheena Morris age 22, but, the guests in the next room because they were in fear for the woman's life.  January 1, 2009 Bradenton Beach Police Department responded to the call for help placed by the guest. Instead of doing their job, making a domestic battery incident report, per the law, the officer's turn around accusing Sheena of being a prostitute, treating her like a criminal.  The officers did not believe a word of her story, they left.  The manager of the resort also responded by informing Sheena's boyfriend, that behavior would not be tolerated and asked that he leave.

At 2:05 PM Sheena places a call herself to 911.

  To Hear The 911 Call From Sheena Click the Video Below. It is audio only.

This report of the first 911 call by the guest was not filed until approximately two days later.  More of a cover-one's-behind report, after she'd already been found dead.

Normally there isn't much happening on Anna Maria Island in the off season, except for people who've had too much to drink.  It's a slow night for Bradenton Beach police detectives so the ones stuck working that evening have themselves a poker party in the station until their shift is over in the morning.  Going on a call to a homicide, after they've celebrated a bit themselves can make for some grumpy detectives.  This equals sloppy police work on the crime scene.  Because Sheena is especially attractive, they too arrive at the wrong conclusion and her death is handled as a suicide.

At 22 years of age the life of Sheena Morris was abruptly hijacked as a direct result of intimate partner homicide.

Bradenton  Beach police never interview the guest who placed the 911 call for assistance.
Bradenton Beach police never interview the manager of the resort.
Bradenton Beach police department never test the fingernail clippings taken for Sheena and have them tested to see whose skin is under her nails.

When the medical examiner changes the death certificate of Sheena Morris from suicide to undetermined, Bradenton Beach police detectives tell her mother they aren't re-opening the investigation.

Yesterday on the show "Time's Up" we learned new information on the case from her mother Kelly Osborn. Below is the podcast.

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The family has started a petition and they need our help with signatures.  You can give this case a voice by taking the Petition to your own social networking sites and ask people to sign.  Just cut and paste the link below.

Please review and sign our petition   

http://www.change.org/petitions/justice-4-sheena-morris 


If you have any suggestions or want to help, please visit 


www.justice4sheena.com


To the Florida Department of Law Enforcement I can reached at 


murphymilano@gmail.com

www.DocumentTheAbuse.Com

Susan Murphy Milano is a staff member of the Institute for Relational Harm Reduction and Public Pathology Education as a educator and
 specialist with intimate partner violence prevention strategies directing prevention for high risk situations and cases.

A national trainer to law enforcement, training officers, prosecutors, judges, legislators, social service providers, healthcare professionals,

 victim advocates and the faith based community and author.. In partnership with Management Resources Ltd. of New York addressing 

prevention and solutions within the community to the workplace. Host of The Susan Murphy Milano Show,"Time'sUp!" . She is a regular 

contributor to the nationally syndicated "The Roth Show" with Dr Laurie Roth and a co-host onCrime Wire. Online contributions: Forbes : 

Crime, She Writes providing commentary about the hottest topics on crime, justice, and law from a woman’s perspective, as well as Time's Up! 

a blog which searches for solutions (SOS) for victims of crime Susan is also the daughter of a Chicago Violent Crimes detective who murdered her mother before turning the gun on himself and committing suicide. 

The Susan Murphy Milano Show, “Time’s Up!” The Unsolved Case Nique' Leili-Thursdays at 2pm ET

Thursdays at 2pm ET

Listen LIVE at: Here Women Talk

In July, 2011, there was trouble in the Leili home with calls to the police, arguments and insinuation of past violence in the marriage of Matthew and Nique’ Leili.   Nique’ went missing on July 8, leaving behind her purse, keys, credit cards, and, most importantly, her children, her husband says there was an argument and she walked out of the house.

A week later, in the hot Georgia summer, her decomposing remains were found on July 16 less than a mile from her home, completely naked, face down in a shallow grave covered by leaves.  Her clothes have never been found.  Interestingly, her husband, Matthew Leili had already filed for divorce citing abandonment. How did he know she wasn’t coming back? Could it be because he had spy gadgets everywhere, including surveillance cameras, tape recordings of all phone conversations, keyloggers on all computers, and trackers on all cell phones? Seems he would have a pretty good idea where his wife was headed considering the lengths taken to keep track of her.

Named a suspect in the murder of Nique’, Matthew has not been arrested and no charges have been filed. He has since taken two of the couple’s young children and moved them out of state, isolating them from Nique’s family.

We will examine the pattern of conduct of Matthew Leili and other evidence collected by the family.

Joining the show for the hour to examine some of the known details of the case of murdered Nique’ Leili is her grown daughter, Alex Page, and sister, Amy Elk.

Listen Live go to www.herewomen.com

Related articles:

http://www.11alive.com/news/article/217671/3/LAWRENCEVILLE–Nique-Leilis-husband-plans-to-move-family-to-Vermont

http://www.myfoxatlanta.com/dpp/news/local_news/911-Call-Sheds-Light-on-Nique-Leili-Case-20110719-pm-sd

http://projects.ajc.com/gallery/view/metro/gwinnett/leili-vigil-0722/

Jessica Nicole Wolfe: Lifting the Veil of Silence on Intimate Partner Homicide

Jessica Nicole Wolfe

It's not suppose to happen to someone that you know.  But it does.  Intimate partner violence that leads to homicide takes the lives of approximately eight to ten women each and everyday.  Families affected find their lives suddenly come to an abrupt halt.  Often blaming themselves as to what could have been done differently to prevent such a horror.

Right now as I write this, the family, friends and co-workers of Jessica Nicole Wolfe are experiencing a flood of thoughts feelings and trauma, shaken at their very core over her senseless murder.  One-by one each kicking themselves because they were unable to prevent Jessica's murder from a man with whom she dated, Russell Holt, violent, controlling and abusive.  It should be noted Holt was a probation officer.  Jessica was found murdered in his home around 2:30 am Sunday with a single gunshot to the torso.

For the past six years Jessica was employed as a legal secretary with the Houston County District Attorney's office in Georgia.

Russell Holt has been arrested and charged with her murder.

If you want to see changes.  If you are interested in stopping the bloodshed of intimate partner violence resulting in homicide, than you who are reading about this must do more than gloss over this story with your morning coffee. Sadly, that is exactly what communities across the country  are doing. Nothing!  Yes it's nice to say prayers and words of comfort to surviving family and friends, but without action in the aftermath on our part, it amounts to little more than lip service. What are we doing to prevent the next Jessica from being murdered in silence?

If we don't embrace the victim while still alive and provide real solutions all we do is enable those who kill, simply because we do not consider domestic violence and stalking as a serious crime.

I've been working for over twenty years at successfully keeping victims alive, likely fueled by the  fact that I always felt as if I failed my mother when she was murdered by own father in 1989.  Till my last breath I will continue to fight but, I can't do it alone.  I need the support and help of communities across the country. I need for you to go to the Document The Abuse site and get the information out there into the communities.
I need assistance in spreading the information on April 15, 2012, when the Evidentiary Abuse Affidavit debuts for victims of intimate partner violence as an app in Apple stores across the country.

If we can go viral using the information highway reaching billions, with effective solutions for victims and hold offenders accountable no differently than a drunk driver because it's against the law, we will have successfully lifted the veil of silence.  


Document The Abuse for anyone involved in an abusive relationship, it contains vital information on how the "EAA"can support each case of abuse from the perspective of the first responder's and advocates, to an appearance in court. It explains the legal benefits to the abuse victim, whether they are able to testify or not, how their words are forever documented and hold up in court, much like a Living Will. It is a voice that would have brought justice for Sheila Deviney and other silenced by those who once professed to love them.

Susan Murphy Milano is a staff member of the Institute for Relational Harm Reduction and Public Pathology Education as a educator and specialist with intimate partner violence prevention strategies directing prevention for high risk situations and cases.

 A national trainer to law enforcement, training officers, prosecutors, judges, legislators, social service providers, healthcare professionals, victim advocates and the faith based community and author.. In partnership with Management Resources Ltd. of New York addressing prevention and solutions within the community to the workplace. Host of The Susan Murphy Milano Show,"Time'sUp!" . She is a regular contributor to the nationally syndicated "The Roth Show" with Dr Laurie Roth and a co-host on Crime Wire. Online contributions: Forbes : Crime, She Writes providing commentary about the hottest topics on crime, justice, and law from a woman’s perspective, as well as Time's Up! a blog which searches for solutions (SOS) for victims of crime.  

The Sixth Amendment : New Protocol in Cases of Domestic Violence & Stalking

Until now, the standard response for intimate partner violence and stalking from law enforcement has been:

    * Victims are told to report (but action is only taken if you can show evidence of the abuse)
    * Victims are told to go to a shelter
    * Victims are told to get a restraining order (but usually only granted if there is evidence of the abuse)
    * Victims are told to move away (but leaving behind careers, family, and assets)
    * Victims are told to stay with someone else
    * Victims are told stalking is hard to prove and stalking laws are often weak and poorly defined

This response does not help the victim ‘document’ the situations and specifics of her abuse and her abuser. Outside of a police report or restraining order, documentation has still not occurred. In a case of future serious injury, the victim goes missing, or is killed, nothing exists to link her to her story.

Solution: Evidentiary Abuse Affidavit as Historical Abuse Documentation

The E.A.A. has the propensity to document the historical aspects of the abuse and record it to challenge 'hearsay' arguments in a case. By simply following the steps of creating an E.A.A. a victim can provide 'before the event' information that presents the history of her case prior to serious injury, disappearance or death. Click here to read more about how the E.A.A. benefits a victim's case.
 

Problem: Lack of Documentation of Abuser’s Motives, Habits, Risks, History, Weapons, or Location

Abusers, especially those with high lethality risk factors, are those most likely to seriously injure, re-injure, stalk, ignore stay away warnings, child abduct, or kill. These dangerous abusers are not merely low life criminals but can also often be white collar professionals whom from the surface do not look capable of these life-threatening behaviors. Those abusers without former police reports or arrests are likely to lack the documentation of their impending motives behind future acts of violence. His private personal habits are often unknown as is any mental health or other lethality risk factors such as addictions, undiagnosed mental health problems, housed weapons, impulse control problems, prior stalking behavior, or other acts of perpetrated violence.

Solution: Evidentiary Abuse Affidavit as Abusers Profile Documentation

In cases in which no outside documentation exists (no police reports, no shelter visits, no restraining order, no CPS reports), the only historical information about the abuser is often from those closest to him, including the victim.  Partner related assessments of pathological disordered person’s behaviors and motives have been utilized in other settings to help highlight the undiagnosed pathology (see The P-SCAN, Dr. Robert Hare).

Information such as details of how the perpetrator has said he would carry out harming, abducting or killing her can be detailed.  Admissions or comments made to her about other victims the perpetrator has harmed can be listed. Likely hiding places for weapons or evidence can be revealed. Possible alibis that he would make up for his defense (including identification of people who could be the perp’s co-defendants in her harm, abduction or murder).  If the victim has existing scars or active wounds, they can be documented at the time of the E.A.A. creation.

The E.A.A. has the same informational capabilities of providing unknown and unrecognized abuser and stalking risk factors known by the victim.

Problem: No Way to Identify Her Wishes About Her Children’s Placement In Case Their Parent Is a Perpetrator

In high conflict cases, the perpetrator often does not want, and cannot share, custody of their children. Power and control dynamics coupled with pathology is at the core of why they will do anything to not lose custody—including serious injury, abduction or murder.

In cases where the victim goes missing and there is no Last Will and Testament about her desires for the placement of her children and no legal documentation of her abuse by the perpetrator, custody is almost always given to the other parent should she not be present.

Solution: The E.A.A. as a Suggested Custody Placement Tool

The E.A.A. is utilized as a Last Will and Testament during which the victim indicates she is concerned about serious injury, disappearance, or being killed. Naming the perpetrator as the possible suspect will remove the children from his custody during investigation and/or trial. The victim has the ability in the E.A.A. to name where her children should be placed in case of her injury/death and his arrest. This provides a deep sense of comfort that her wishes are made known regarding children’s placement and that she has made efforts to assure they don’t end up in the perpetrators care.

Problem: Abusers Think They Will Get Away With It Because There Is No Documentation So There Is No Deterrent For Their Behavior

Victims who have no documentation of their abuse (through police reports, CPS reports, restraining orders, stalking reports etc.) often have abusers who think that they have future opportunities to abuse because no one knows abuse is occurring. Believing the victim is not likely to report in the future because she has not reported in the past, abusers feel no deterrent for their behavior. The more times an abuser repeats, the higher the risk factors associated with the victim’s serious harm potential. Some abusers believe that even if she did report and he was not arrested, that in the future he will also not be arrested or his battering exposed.

Solution: The EAA as Future Prevention—As The EAA Becomes a Standardized Protocol in Domestic Violence It Teaches Abusers That All Victims Will Get an E.A.A.

We see a future when the E.A.A. becomes a standardized protocol in intimate partner violence and stalking. Not only will victims be readily utilizing the E.A.A. themselves, but first line responders who interact with victims will have as an automatic process, creating an E.A.A. on every victim. Emergency room physicians, paramedics, domestic violence agencies, attorneys and prosecutors, court house personnel, free clinics…anywhere a victim is likely to go. When the E.A.A. becomes standardized as a model of care approach in intimate partner violence, perpetrators will also know that all victims are being offered the E.A.A.

We see a future when the E.A.A. will actually prevent future acts of violence against victims when abusers know evidence is likely to have been legally documented.

Problem: In Court, Testimony of Prior Abuse is Argued as ‘Hearsay’

A long standing hurdle in the cases of domestic violence and stalking where prior evidence does not exist, is the defense’s argument that family/friends allegations of pre-existing abuse is merely ‘hearsay’ and often dismissed as non-credible evidence. Hearsay is an out of court statement "offered for the truth of the matter asserted" and is not subject to cross-examination, typically because the speaker is unavailable.  Such statements are deemed unreliable because of the obvious fact that they can easily be fabricated and can not be tested through cross examination.

The 6th Amendment rights (for the abuser to be able to confront his witnesses) have been a death blow in the past to witness testimony in DV cases in which the victim is missing or dead.

Solution: E.A.A. as Pre-Existing Before The Fact Evidence

After-the-fact testimony on intimate partner violence and stalking is solved with the E.A.A. because it is recorded prior to the fact of testimony. It is prior evidence of pre-existing abuse before the onset of court action. The victim’s pre-recorded abuse testimony, and documented and notarized affidavits, are arguable under seeking admission of the testimony, not merely for the truth of the statement, but for a highly relevant other purpose. Victims often tell others about the abuse or stalking in case she goes missing or is harmed. The legal argument is focused on the effect the abuse had on the victim that impacted her enough to confess fear of death to someone else. Or when victims say “If anything happens to me, please take care for my children’ which offers dynamic impact and is comparable, in some ways, to a dying declaration. Portions of the affidavits of the E.A.A. are a notarized Last Will and Testament, which is a victim’s dying declaration.

Problem, In Court—The Perpetrators Rights to Confront Their Accusers 

The 6^th amendment gives the accused the right to face their accuser and to argue the points of the accuser’s statement. There isn’t a person in the United States that doesn’t know that is their basic right. But what happens with the accuser is missing, in a coma, or dead? 6^th amendment rights have been another legal hurdle for domestic violence victims who are no longer alive to tell what happened to them.

Courtwatch Brevard is an organization that tracks the effectiveness of judicial decisions in domestic violence cases. Below is an example of a 6^th amendment and domestic violence case.

 http://courtwatchbrevard.org/drupal/?q=node/176

Giles v. California, 554 U.S. 353 (2008)

Facts of the Case

When Dwayne Giles was tried in state court for the murder of his ex- girlfriend, he claimed self-defense. Giles stated that he had heard her vow to hurt him and a friend, and that she had previously shot a man and threatened people with knives. The prosecution then introduced evidence of a conversation between Giles' ex-girlfriend and police in which she claimed that he had assaulted her and threatened to kill her. The district court eventually convicted Giles of murder.

On appeal, Giles argued that use of the police conversation violated his Sixth Amendment right to confront witnesses against him, namely, his deceased ex- girlfriend.

The California Supreme Court held that Giles had waived this right because he was the cause of his ex-girlfriend's absence. Although this exclusion was justified under common law rules of "forfeiture by wrongdoing", the Supreme Court had greatly constrained the admissibility of such evidence in its 2004 holding in Crawford v. Washington. Crawford essentially wiped out the admissibility of such out-of-court statements unless the testimony could be subject to cross-examination at trial, an option that would be impossible under these circumstances. This case gives the Court an opportunity to expand on its decision in Crawford and to apply it to a situation where the wrongdoing that kept the witness from appearing in court was not motivated by a desire to prevent the witness' testimony.

Question
Are a criminal defendant's rights under the Confrontation Clause of the Sixth Amendment violated when the common law "forfeiture by wrongdoing" doctrine is applied to allow out-of-court statements made by a witness, absent due to the defendant's own conduct, into evidence without giving defendant an opportunity to cross-examine the absent witness?

Conclusion
Yes. In a 6-3 decision, the Court held that the forfeiture by wrongdoing exception only applies to situations where the defendant causes the witness' absence with the intention of preventing that witness from testifying at trial. Without this intention, any act by the defendant making the witness unavailable does not waive that defendant's Sixth Amendment right to confront and cross-examine the witness, and therefore any out-of-court statements made by the witness are inadmissible as evidence. Justice Antonin Scalia delivered the opinion of the Court.

Justice Clarence Thomas wrote a concurring opinion stressing his belief that statements such as those made by the witness in this case should not implicate the Confrontation Clause at all because the police questioning was not a "formalized dialogue." Justice Samuel Alito also wrote a concurring opinion suggesting that the witness' statements, in his view, did not fall within the Confrontation Clause but noting that neither party had made this argument before the Court. Justice David Souter, joined by Justice Ruth Bader Ginsburg, concurred in all parts of the majority opinion except one section denouncing the dissenting argument. Justice Souter stated that he did not find the dissent as wrongheaded as the majority suggested.

The dissent, written by Justice Stephen Breyer and joined by Justices John Paul Stevens and Anthony Kennedy, argued that a defendant loses his right to confrontation when he makes a witness unavailable due to his own wrongdoing, even if he did not act with the specific intention of preventing her from testifying at trial. (Used with permission of Courtwatch Brevard)

Solution: Proving Forfeiture with The E.A.A.

A pre-existing videotaped notarized testimony of a victim’s abuse would secure the forfeiture law in her case. The ability to link her disappearance through her testimony and evidence that she leaves behind, prevents the perpetrator from benefiting from her absence and the ability to testify. 

A Victim’s Case Example Where An E.A.A. Was Needed

Vashti Seacat, murdered by law enforcement officer husband

The couple had been married since 2004. During the marriage Vashti Seacat had given birth to a son in 2007 and another in 2009. Child support was ordered to be paid by a judge in the amount of $1,281 beginning on May 15, 2011.

Vashti Seacat had filed for divorce from her husband Brett Seacat just 16 days before a sudden fire on April 30th which caused heavy damage to the family home. Her husband at the time was employed as a police instructor at the Kansas Law Enforcement Training Center after a number of years with the Sedgwick County Sheriff’s Department. In the divorce papers a judge ordered Seacat out of the marital home within 24 hours of being served the papers however, he remained in the home despite the order to vacate.

The boys and their father would escape the blaze without injury but Vashti Seacat was not so lucky. She would not die as the result of the fire, but according to the medical examiner a gunshot wound to the head. The medical examiner was unable to determine whether the wound was self-inflicted because the entry wound was destroyed in the fire. Brett Seacat then easily made claims his soon to be ex-wife was “suicidal.”
Last week in court, after two long days of testimony, the judge decided there was enough to charge the former law enforcement officer with murder. He is being held on $1 million dollars bond and the next court date is schedule for January 6, 2012.

Tragically, this is an all too common with a case ending in murder. Vashti suffered constant abuse including threats to her life at the hands of her estranged husband. Vashti and her fears are now left to “hearsay” statements repeated by friends and relatives in the aftermath of her murder.

What should have happened but did not, was Vashti Secat could have prepared the Evidentiary Abuse Affidavit. She could have done this at the courthouse, therapist's office, or at a remote location to document the abuse. It would then be witnessed by two people and then it would have been notarized before video taping her own words about the abuse in the relationship and her fears of being killed. This would remove "hearsay" and any doubt that she feared for her life.

If you are considering ending a relationship, before you say the words out loud "it's over,” before you go to court and file for a protective order from the courts, and before you see an attorney, prepare the Evidentiary Abuse Affidavit.

With the E.A.A. your words will count and will account for your history of abuse. With the E.A.A. no one can try to claim you killed yourself or if you just happen to go missing, the E.A.A. will serve as your voice and the person responsible for your harm will be arrested.Benefits of The E.A.A.

The E.A.A. provides legal and evidentiary support to the issues of:

    *Historical Documentation for the timeline of her abuse
    *Proof of Stalking
    *Affidavits as Abusers Profile Documentation
    *Suggested Custody Placement
    *Possible Prevention of Future Acts of Violence By Perpetrator
    *Legal Defense Arguments of Hearsay



The new site Document the Abuse.Com contains vital information on how the EAA can support each case of abuse from the perspective of the first responders, prosecutors, family attorneys, victims and advocates, to an appearance in court.  


Susan Murphy Milano is a staff member of the Institute for Relational Harm Reduction and Public Pathology Education as a educator and specialist with intimate partner violence prevention strategies directing prevention for high risk situations and cases.
 A national trainer to law enforcement, training officers, prosecutors, judges, legislators, social service providers, healthcare professionals, victim advocates and the faith based community and author.. In partnership with Management Resources Ltd. of New York addressing prevention and solutions within the community to the workplace. Host of The Susan Murphy Milano Show,"Time'sUp!" . She is a regular contributor to the nationally syndicated "The Roth Show" with Dr Laurie Roth and a co-host onCrime Wire. Online contributions: Forbes : Crime, She Writesproviding commentary about the hottest topics on crime, justice, and law from a woman’s perspective, as well as Time's Up! a blog which searches for solutions (SOS) for victims of crime.

Kelly Rothwell: "The Law Enforcement Community in the State of Florida"

My comments on a nationally syndicated program, The Roth Show just before Christmas created a firestorm among law enforcement in Florida and in particular, within the Academy graduating class where Kelly Rothwell was scheduled to graduate and become a police officer.

As the reporter wrote after the show my words are meant to make you think and take action.  After all these years I still consider myself part of the law enforcement family.  Growing up I lived and breathed the life of a cop's kid.  Understanding and respecting, long after the murder of my mother, the inner workings within departments.  Working cases of law enforcement involved intimate partner violence as if it is a member of my own family, requiring full attention.

On March 12, 2011, during the late afternoon, Kelly musters the strength to meet her boyfriend David Perry to announce the relationship was over, she was moving out and on with her life minus him.

David Perry was the last person to see her alive.

So to the cadets, yes- I expected each of you to take the knowledge being taught at the police academy, if need be, on your own time and do everything in your power to look for Kelly.  She was one of you!

As I watched news reports from the Pinellas County Sheriff's office following the days she was reported missing, comments from the department spokesperson of "we know Mr. Perry has left the state and we are trying to get him in to talk," translated into words,in my expert opinion, not enough investigative action on the ground.

Training and investigation on intimate partner violence cases at the Academy including continuing education for law enforcement agencies must incorporate tools and techniques bringing cases to a safe, successful outcome.  They include information provided on the newly launched Website Document The Abuse.  It includes the Evidentiary Abuse Affidavit, something Kelly could have prepared prior to her confronting Perry, resulting in an immediate arrest based on the fear and threats told in her own words witnessed, notarized, video tapped.

Each month I deal with hundred's of intimate partner violence cases successfully.  Those reported missing either did not know where to go and what to do or law enforcement had yet to be taught enhanced methods of training for successful outcomes.

Law enforcement no longer has the "right" to remain silent in cases of criminal domestic violence and stalking, especially when it is one of your own.

Time's Up!

Below is more on the story:

INDIAN ROCKS BEACH, Florida (Isabelle Zehnder reporting) -- The new year has brought a renewed hope that missing Florida police cadet Kelly Rothwell will be found so that her family can have closure and so justice can be served. 

After nine months of searching, police finally got a break in Kelly’s case. A woman recently saw a news report that Perry had recently remarried. When she saw his photo, she said she knew it was him who she’d seen the day Kelly went missing. She remembered the date because her mother had just passed away.

The CUE Center for the Missing organized a search this weekend. Tricia Reis, who has worked diligently to keep Kelly's story alive, said, "They are down there now. There are two places of interest they will be searching." She said one area that will be searched will be the park where the witness says she saw Perry. "They will be there through Sunday," she said. The search began Friday.

The witness said when they locked eyes he hid behind a tree. For more details read: Kelly Rothwell: After months, police get break in missing Florida woman’s case.

Kelly's very close friend, Donna Scharrett, is at the weekend search. She posted on her Facebook wall, "Humbled and amazed at the outpouring of love & support shown by so many who never had the opportunity to know Kelly Rothwell. She sees all of these people, she feels all of this love and dedication. Tiffany's restaurant in Palm Harbor donated 100 sandwiches and water, thank you."

Kelly Rothwell, 35, went missing from her condo in Indian Rocks Beach, Florida, within hours of telling her best friend, Donna Scharrett, that she was on her way there to end her relationship with then-boyfriend, Dave Perry. 

Kelly’s downstairs neighbors told police they heard three thugs followed by the sound of a vacuum cleaner within an hour of her arrival at the condo she shared with Perry. Kelly was scheduled to have dinner with her fellow classmates but never made it there. She was never seen or heard from again.

Police say they believe Kelly is dead and that Perry is their prime suspect. 

Kelly's fellow classmates' promise

After Kelly went missing her classmates had a plaque made in her honor that read:

“Thank you for your dedication to our academy. We will always remember the time shared with you in class. You are forever in our hearts and will continue to be an inspiration to us throughout our careers.

“We won’t stop looking for you.” PRO #177 “CAN’T STOP, WON’T STOP.”

Two weeks ago, Intimate Partner Violence Specialist Susan Murphy Milano sent a strong message Kelly's classmates, two of whom came forward saying they were offended by a comment she made.

Murphy Milano said during a recent phone conversation that the intent of her comment was not to offend, it was in hopes of lighting a fire under Kelly’s fellow classmates, most of which have gone on to become police officers and sheriff’s deputies.

During her appearance on the Dr. Roth Show, Murphy Milano said she hoped the cadets, who have not actively helped search for their fellow classmate, would “have a rotten Christmas.”

She said, “I hope they think about their comrade, out there, somewhere, who needs to be found.”

One of Kelly’s fellow cadets, Jared S., was offended by Murphy Milano’s comment. Part of his response on Facebook Thursday read, “As for Susan Murphy Milano, you should be ashamed of yourself, for telling Kelly's class, who are now police officers, and sheriff deputies, to have a rotten Christmas. It shows your true colors for having the audacity to say that to the men and women who protect you day in and day out.”

It is hoped that as police officers and sheriff deputies they can use their training and resources to help Kelly.  

Murphy Milano’s words were harsh, they were cutting, but they were the truth. They were also heart-felt and meant to light a fire under those who she believes should be searching for their friend or helping in whatever way they can.

“Embrace me,” Murphy Milano said. “As a police officer’s daughter, who has had many a rotten Christmas and who, too, has been bashed. I have, at times, been criticized for the work I do protecting those who are still alive and seeking the truth and justice for those who are no longer with us.”

Murphy Milano said she doesn’t want to be the lone ranger in this epidemic of intimate partner violence. It is her hope to provide knowledge and tools to stop the bloodshed.

She was the victim of a horrendous crime – at a young age, Murphy Milano found her mother murdered by her father, who had turned the gun on himself. She believes Kelly fell victim to a crime just as horrendous.

One has to wonder what Kelly might have done if any one of her classmates had gone missing under similar circumstances. Would she be actively looking for them? What would they want and expect from Kelly if they were in her shoes?

Jared wrote, “I have bit my tongue long enough with all the ‘cadet bashing.’ As a member of PRC 177, and classmate of Kelly, I can say she would not want this type of blame game going on.”

Donna’s friend, Tricia Reis, who from many miles away has done all she can to help keep Kelly’s story alive said, “This is not Donna playing a blame game. Donna has been asked repeatedly where the cadets were at many of the events by attendees as well as the media and she has ALWAYS given gracious replies that divert any negativity away from the cadets.”

Donna is Kelly’s best friend who stayed up until 3 a.m. with Kelly the night before she vanished, and who was with her the day she vanished. She heard Kelly’s fears and concerns when she wondered how Perry would take her wanting to leave him.

She also heard a renewed confidence in Kelly and her excitement about moving on with her life away from Perry. She was also excited that she would soon be doing what she longed to do – becoming a police officer to serve her community – as her classmates have gone on to do.

The cadet said, “If it was up to our class, we would have been out there searching, unfortunately, we didn't have the final say at the academy. If anything, it should have been taken up with the academy director.”

Tricia said, “Donna has always been positive and hopeful and handled things in the way she knows Kelly would have wanted her to. That said, there were many events planned besides the latest search. A vigil every month, a pancake breakfast fundraiser, the CUE [Center for the Missing] road to remember bus tour stop.

“In all of those events, scheduled on all of those different days … ONE cadet showed up. That’s not bashing, that’s the truth. People notice that,” she said.

At this juncture it is hoped that Kelly’s fellow classmates will realize Murphy Milano’s comment was meant not to hurt, but to help Kelly.

Kelly is out there, somewhere, and she needs to be found. Justice needs to be served.

If she met her demise at the hands of Perry, as many believe, should he be walking free?

Perry was in a new relationship with a beautiful young woman who thankfully has filed for divorce. Police had warned Melissa Marie Walker about Perry but she went through with the wedding. Her family learned about Perry’s past and begged Melissa to leave him.

Melissa said she did her research and recently decided to file for divorce. The two had met on Craigslist just two weeks after Kelly disappeared. Melissa has admitted she made a huge mistake in marrying Perry. Now police are working to keep her safe. Perry was incarcerated but later released for defrauding the state of New York in a bogus workers’ comp injury case.

Perry was also married before and according to Donna, his ex-wife has her own stories to tell of abuse at the hands of her ex-husband.

The work Donna, Tricia, and Sandy, who Tricia says helps them mostly behind-the-scenes, do for Kelly is hard and lonely.

What these women want and need is the support of Kelly’s classmates, her friends, and her community, and to know the her classmates will uphold the promise they made to Kelly: “We won’t stop looking for you.” PRO #177 “CAN’T STOP, WON’T STOP.”

Until Kelly’s case is solved everyone needs to rally together to find her. In whatever way they can.

Pinellas Detective Michael Bailey reminds the public that every tip, no matter how small, should be called in to police as it helps lay the groundwork in the case. Detectives are now calling the case a homicide. If you have information about the case, please call Crime Stoppers of Pinellas County at 1-800-873-TIPS. 

Susan Murphy Milano is a staff member of the Institute for Relational Harm Reduction and Public Pathology Education as a educator and specialist with intimate partner violence prevention strategies directing prevention for high risk situations and cases.

A national trainer to law enforcement, training officers, prosecutors, judges, legislators, social service providers, healthcare professionals, victim advocates and the faith based community and author.. In partnership with Management Resources Ltd. of New York addressing prevention and solutions within the community to the workplace. Host of The Susan Murphy Milano Show,"Time'sUp!" . She is a regular contributor to the nationally syndicated "The Roth Show" with Dr Laurie Roth and a co-host onCrime Wire. Online contributions: Forbes : Crime, She Writesproviding commentary about the hottest topics on crime, justice, and law from a woman’s perspective, as well as Time's Up! a blog which searches for solutions (SOS) for victims of crime 

Introducing Simply the Best : "Document the Abuse"

Today, we announce our new site www.documenttheabuse.com.  A place for prosecutors, law enforcement, social service agencies, human resource managers, workplace violence security experts, insurance carrier's, health care providers, faith based organizations and those directly in the process of divorce, affected by domestic violence and stalking by someone with whom they are in a relationship.

If you are in law enforcement the information and training provided on the Evidentiary Abuse Affidavit is a supportive component in addition to what you already are doing on the job as it is valuable tool that is saving lives.  For the first time when a potential victim prepares the "EAA" you will know and have at your fingertips information that includes the offender.  As are aware this is very important when a person in your district is reported missing or becomes a fatality.  You will have the victims words in a notarized, witnessed and taped statement already in your hand ready to meet with the prosecutor or district attorney for a solid case.

For those who enter the courthouses assigned to work the domestic violence and trial calenders the "EAA" has a number of benefits for a successful prosecution.  This includes cases where you have no body, but you do have enough evidence. Or in cases where the alleged defendant at pretrial claims crime of passion, unhinged, accident or self-defense, if the victim prepared the Evidentiary Abuse Affidavit prior to their death, its game on as a prosecutor for a winning victory and game over for the defense in court.

Case concerning the right to confront and prove intent to prevent the witness from testifying

Giles v. California, 554 U.S. 353 (2008)

Facts of the Case

When Dwayne Giles was tried in state court for the murder of his ex- girlfriend, he claimed self-defense. Giles stated that he had heard her vow to hurt him and a friend, and that she had previously shot a man and threatened people with knives. The prosecution then introduced evidence of a conversation between Giles' ex-girlfriend and police in which she claimed that he had assaulted her and threatened to kill her. The district court eventually convicted Giles of murder.

On appeal, Giles argued that use of the police conversation violated his Sixth Amendment right to confront witnesses against him, namely, his deceased ex- girlfriend.

The California Supreme Court held that Giles had waived this right because he was the cause of his ex-girlfriend's absence. Although this exclusion was justified under common law rules of "forfeiture by wrongdoing", the Supreme Court had greatly constrained the admissibility of such evidence in its 2004 holding in Crawford v. Washington. Crawford essentially wiped out the admissibility of such out-of-court statements unless the testimony could be subject to cross-examination at trial, an option that would be impossible under these circumstances. This case gives the Court an opportunity to expand on its decision in Crawford and to apply it to a situation where the wrongdoing that kept the witness from appearing in court was not motivated by a desire to prevent the witness' testimony.

Question
Are a criminal defendant's rights under the Confrontation Clause of the Sixth Amendment violated when the common law "forfeiture by wrongdoing" doctrine is applied to allow out-of-court statements made by a witness, absent due to the defendant's own conduct, into evidence without giving defendant an opportunity to cross-examine the absent witness?

Conclusion
Yes. In a 6-3 decision, the Court held that the forfeiture by wrongdoing exception only applies to situations where the defendant causes the witness' absence with the intention of preventing that witness from testifying at trial. Without this intention, any act by the defendant making the witness unavailable does not waive that defendant's Sixth Amendment right to confront and cross-examine the witness, and therefore any out-of-court statements made by the witness are inadmissible as evidence. Justice Antonin Scalia delivered the opinion of the Court.

Justice Clarence Thomas wrote a concurring opinion stressing his belief that statements such as those made by the witness in this case should not implicate the Confrontation Clause at all because the police questioning was not a "formalized dialogue." Justice Samuel Alito also wrote a concurring opinion suggesting that the witness' statements, in his view, did not fall within the Confrontation Clause but noting that neither party had made this argument before the Court. Justice David Souter, joined by Justice Ruth Bader Ginsburg, concurred in all parts of the majority opinion except one section denouncing the dissenting argument. Justice Souter stated that he did not find the dissent as wrongheaded as the majority suggested.

The dissent, written by Justice Stephen Breyer and joined by Justices John Paul Stevens and Anthony Kennedy, argued that a defendant loses his right to confrontation when he makes a witness unavailable due to his own wrongdoing, even if he did not act with the specific intention of preventing her from testifying at trial.

We hope you take the time and visit our new site.  If you have questions or would like to set up a training, have us attend your conference - email us at documenttheabuse@gmail.com