2012.02.07 - 911 Tapes Released

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Until a person is convicted of a crime, in this country, he is legally presumed to be innocent and afforded all of the rights of an innocent person.
The laws are NOT written to protect the suspects. The laws in our system are written to protect the INNOCENT. The laws protect me, and you, as well as anyone suspected of a crime, and I hope very much that they stay that way. Yes, some horrible evil atrocities are possible because of the way our legal system works, but many many evil atrocities are also prevented, and we are better because of it. Jmho.

I agree to a point. What our system is and what it ought to be are, sadly, not the same. Do I think we stack up great against most other industrialized nations? Ya betcha.

But we have black and white. Innocent and guilty. And far too many children are hung out to dry (or die) because we have to legally honor parental rights even if said parent is a suspect or POI in a violent domestic crime.

Why can't we lobby for a change in our laws that protects the rights of innocent CHILDREN when their parents are under investigation? And furthermore, once actually convicted of certain types of crimes, especially against their own kids, why cannot parental rights be severed?

It does not seem at all just to allow parental learning curves at the expense of children's safety. Where are THEIR rights?

I understand how sad it would be if a parent was held to strictly supervised visitation while under investigation, only to be found not guilty or have charges dropped. But is that any sadder than what happened to two little boys on Superbowl Sunday? Or to Jhessye? Or Shaniya?

Laws were meant to be changed. Slavery was abolished, women can vote. It's time we stopped affording parental rights at the expense of the lives of those who cannot protect themselves.

Off my soapbox, but I do think the respectful analysis and criticism of this and other cases is beneficial to our legal system. I, for one am not okay with just accepting a system that isn't working as well as it needs to.

Totally my own opinion. And meant with respect!


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I agree to a point. What our system is and what it ought to be are, sadly, not the same. Do I think we stack up great against most other industrialized nations? Ya betcha.

But we have black and white. Innocent and guilty. And far too many children are hung out to dry (or die) because we have to legally honor parental rights even if said parent is a suspect or POI in a violent domestic crime.

Why can't we lobby for a change in our laws that protects the rights of innocent CHILDREN when their parents are under investigation? And furthermore, once actually convicted of certain types of crimes, especially against their own kids, why cannot parental rights be severed?

It does not seem at all just to allow parental learning curves at the expense of children's safety. Where are THEIR rights?

I understand how sad it would be if a parent was held to strictly supervised visitation while under investigation, only to be found not guilty or have charges dropped. But is that any sadder than what happened to two little boys on Superbowl Sunday? Or to Jhessye? Or Shaniya?

Laws were meant to be changed. Slavery was abolished, women can vote. It's time we stopped affording parental rights at the expense of the lives of those who cannot protect themselves.

Off my soapbox, but I do think the respectful analysis and criticism of this and other cases is beneficial to our legal system. I, for one am not okay with just accepting a system that isn't working as well as it needs to.

Totally my own opinion. And meant with respect!


Sent from my iPhone using Tapatalk

Oh, I agree, we can and will always change laws and make them better. But I believe in the importance of leaving the presumption of innocence etc in place as a whole. Some very useful thoughts have come across in these threads. Why have supervised visits in the presence of a lone female social worker and at the home of a parent for instance?
As far as being able to take parental rights away, the problem here is that JP wasn't even CHARGED with a crime, let alone convicted... Where do you draw the line... I don't think we should stop talking of ways to improve things... But I just think it is important to keep in mind that we always need to understand why our system works the way it does, and find ways to improve it without losing what makes it so great....
 
Josh reminded me of Ted Bundy at the end of his crime spree in Florida. You could tell that Josh was at the end of his tether. I can't believe the judge couldn't see it. It must have sucked to be Josh in those final two days....I'm not sticking up for him or anything, but I can't imagine planning out how you are going to kill your children and then to plan how you are going to blow your house up with your kids and you in it.

Fire has to be one of the worst ways to go, IMO.

I wonder if the ME did a tox screen on Josh? I'd be most interested in seeing it.

JMO, MOO, IMO, and all other disclaimers.
 
(BBM)


I agree LinasK, His/her role is far from low on the totem pole. 911 dispatchers are the gatekeepers and they hold a heck of alot of power in that position!
JMO~

Here's the thing- at my job, if I don't bring my A game, ya know, it's not ideal, but worst case is we fingerpaint all morning or have a longer recess because I'm moving slower than normal.

But if my job is emergency dispatch, then the stakes are exponentially higher and if I drop the ball, potentially people can die.

I believe, IMHO, that it would have been to late for the boys anyway, but the dispatcher DID NOT KNOW THAT, and should have responded with due concern.

Maybe I couldn't have done any better, but I did not choose emergency services as my profession nor have I had training.

I'm sorry but when your job is life and death I don't think you get to have an "off" day. IMHO.


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:goodpost:I so totally agree! His bad day was nothing compared to Braden & Charlie's.

It's true that the errors started with awarded Josh supervised visitations at his home, but they didn't foresee his intentions, meanwhile the SW was telling the 911 operator that this was a life-threatening situation, and he failed to act on that!!!
 
Until a person is convicted of a crime, in this country, he is legally presumed to be innocent and afforded all of the rights of an innocent person.
The laws are NOT written to protect the suspects. The laws in our system are written to protect the INNOCENT. The laws protect me, and you, as well as anyone suspected of a crime, and I hope very much that they stay that way. Yes, some horrible evil atrocities are possible because of the way our legal system works, but many many evil atrocities are also prevented, and we are better because of it. Jmho.

You're correct as to the bolding above. However, the laws need to be equally balanced to protect the victims as well. Unfortunately, this isn't the case. The scales are heavily tipped in favor of the accused.

Yes, it's comforting to know that if I were falsely accused of a crime, the laws would protect me. But I've been on the other side of that spectrum and found it extremely frustrating that I wasn't afforded the same 'rights' as the person accused of the crime against me.

:twocents:
 
Sorry, I think that if two people would have smelled the amount of gas fumes in that house, they would have validated their impressions with one another and decided to kick the door in. Especially, after hearing one of the children crying and screaming.

Nowhere is it reported that either child was screaming. Crying, yes, but not screaming. I'd like to not see that unless supported by MSM because it gives me nightmares.

I've seen a couple of references that this lady was "not a social worker." Where is that information coming from?

The term "social worker" is often mis-used. A social worker is someone who has a degree in social work. He/she is then subject to licensure. It is a profession, not a particular job.

Social workers work in many areas, including supervised visitation, including contractual situations. So because someone is contracted with CPS to supervise visitation, that does not mean he/she is not a social worker.

Much MSM has referred to this lady as a "social worker." Of course, they may be wrong, but if they are, where is the link correcting this information?

My family (father, brother and mother) were and are social workers. I am a family law attorney. So, I am sadly, ridiculously familiar with supervised visitation, in various forms, as well as the centers that provide it.

I have never heard of a licensed social worker working for a visitation center. The workers at such places get paid little more than minimum wage. Maybe about 10 bucks an hour. Here's more:

Shortly after noon Sunday, authorities were called to Powell's Graham rental house for reports of a fire. A contract worker hired by the state to provide transportation and monitor the visits between Powell and his sons was among the first 911 calls, and reported to police and her supervisors that Powell whisked the children in and slammed the door in her face moments before the fire erupted.

The worker has not been identified by Child Protective Services, but is described as working with Powell and the Cox family for several months. Foster Care Resource Network, which contracts with the state to work with foster children, adoptive parents and caregivers in Pierce and Kitsap counties, did not return calls Monday.

The worker drove the two boys from the Cox house to visit with Powell for four hours every Wednesday and Sunday, Hill said. The Sunday visits were at Powell's home. During the visits the worker took notes about the boys' interaction with their father and was required to submit her notes to Child Protective Services within five days of the visit.

"When they have supervised visits, they [the worker] must be within sight and sound of the child and all parties during the visit," Hill said.

The state requires that all contract employees hired to handle such supervised visits have a minimum of 20 hours of training on child abuse, neglect, domestic violence and family dynamics, Hill said.
BBM. http://seattletimes.nwsource.com/avantgo/2017443129.html
I truly don't mean to be disagreeable, but this situation started with the judge who put JP before the kids.

CPS was FORCED to carry out the judge's orders. And that is sad.

Not exactly true. I'm going to defend this judge. Is everyone aware that the coward had custody for almost two years after he murdered his wife? No one grabbed custody from him. The police were very concerned as was Susan's family, but DSHS did not step in.

It wasn't until the creepy father got arrested that DSHS felt there were any grounds at all to yank custody. But that arrest gave the judge the ability to act. She did. She took custody and gave it to the Coxes. She ordered supervised visits ONLY. She ordered a custody evaluation, which included psych evals of the coward.

But she, as someone else on the thread stated, has to rely on the statements of the social workers and the psychs. According to various news reports, the psych evaluating the case and DSHS felt the coward was NOT a threat to his children. That finding tied the judge's hands to a large degree. Any ruling refusing visits would have been easily appealable at that point. In fact, the coward may have been able to appeal a ruling that he not maintain custody, the way the law works today.

Even so, the judge went a step further and ordered something that is very, very rare. So rare, that I have never seen it ordered in any case I have been familiar with: A psychosexual eval. That is a very intrusive and humiliating test and the law is very careful when ordering such intrusions. The judge did it despite the risk of being appealed.

I think the judge could have done more. But she would have been at even greater risk of appeal. I feel I would have taken that chance but I feel she already took big chances with that psychosexual eval order. I think she was desperate to keep the kids from him but couldn't go too far due to reports from professionals evaluating the case. Nevertheless, she did go far and ordered this eval despite the professionals telling her the coward was safe. As a family law attorney, I can see she was bending to do what she thought she could to keep them from going back to dad.

I'd say it was a lack of critical thinking.

IMO, it was a lack of compassion and professionalism (this is in relation to the 911 dispatcher).


I must be dense. :)

I am going under the assumption (and yes I know that "*advertiser censored*=u=me") that this "judge" dropped the ball BIG time.

Those pics from last Wednesday with JP and his hollow and dead eyes were scary enough last Wednesday.

They became even scarier when he murdered his kids on Sunday.

Seriously....that judge was in the courtroom. IF she was paying an ounce of attention at all, she would have seen those DEAD eyes of JP.

She SHOULD have seen the evil emanating from those dead eyes that indicated he was just forming his plan to take those two boys out of this life.

I won't say more about myself and premonitions I have because I'll be criticized or it.

The coward has had those dead eyes since he murdered his wife. Yet, no one took his kids away from him for two years. He had those dead eyes in other custody hearings as well. I saw no real change in his demeanor.

You're far from dense Basmat! I think we just see it differently (and that's okay). While we as parents or careproviders of children need to learn to hone in on and use our gut instincts when it comes to the safety of our children, a judge is not entirely free to do so. They have to follow the law and abide by guidelines AND they depend very heavily on the word/evaluations of any/all therapists', GAL's, and caseworkers involved in these sort of cases. I don't think we want judges to base thier "subjective" decisions by the look on someone's face or in their eyes - JMO~

That's right. Ultimately, the coward is the person to blame. But there was a perfect storm that enabled him to act on his evil intentions.

Pretty much all of us looking at this case for two years knew he was a serious danger, from the beginning, to his kids. We talked about the possibility of him disappearing them or a murder-suicide scenario, for TWO YEARS. How could psychologists or DSHS workers NOT see that? The judge had to rely on their findings in large part and their findings were based on their subjective analysis of the situation and the amount of research and work they put into the case:

DSHS spokeswoman Sherry Hill said state social workers had no evidence that Powell was a danger to the children or himself.
"If we have a case [where] we believe someone was very dangerous, it would have been handled differently," said Hill. State child-welfare officials could have required the visitations occur in a DSHS office, or even with a police officer present.


Thomas Shapley, senior director of public affairs for DSHS, told The Salt Lake Tribune that Powell's visits with his sons initially took place at the network's offices but had been in Powell's home since Nov. 2. A decision was made that it was appropriate to have the visits in that setting, he said.
http://seattletimes.nwsource.com/avantgo/2017443129.html

Charles and Judith Cox knew what the professional psychologists said -- that their grandsons would be safe with their father, that Josh Powell would present no threat during the boys' court-ordered visits.

And yet. Could the professionals not see what the Coxes saw? That their daughter had been missing since 2009, and Powell was the leading person of interest in the case? What about the family stories that Powell, as a teenager, had smashed his sister's hamster to death, had threatened his mother with a knife?

The Coxes say they want to know why the boys were allowed to visit their father with only a single female social worker present, and why state officials allowed visits to occur in Powell's home.


"The psychologists said he's strange but not threatening to the children," Charles Cox said in an interview. "But I felt sure. I knew he was capable of killing himself and the children if he felt cornered enough. I was afraid of that, and I think the police were afraid of it. The plan was we would get the kids before they arrested him [if a case were made connecting him to Susan Powell's death] so he couldn't hurt them.
"But the [Child Protective Services workers] said, 'Don't worry, we've got it covered.' Well, they didn't."
http://articles.latimes.com/2012/feb/07/nation/la-na-powell-explosion-20120207

Ultimately, it was DSHS who made the day-to-day decisions about visitation and how it would be handled and those were based in part on psych reports and opinions. The judge ordered supervised visits. They assessed the case and determined what form those visits would take. Not a danger? Huge fail, IMO.
 
Information was sent on February 1 (a Wednesday). Visitation took place on the 5th (the next Sunday). Odds are the information hadn't even made it to DHHS by the 5th, or if it had been received, it had not been processed.

I wonder if the Judge was in the loop too with that warning info. If not, she should have been.
 
gitana1, thank you for saying what I haven't been able to verbalize. I am convinced the judge had exactly the same fears and concerns that we've all expressed here but was powerless in too many ways. And as nomoresorrow said, we DON'T want judges being able to make rulings based on "feelings" or because someone looks skeevy.

It's horrifying that someone like JB benefits from the loopholes in our laws but, sadly, if we are to protect the innocent - the vast majority of us - we have to be very, very careful in how we would change these protections.

I am NOT saying I'm OK with it. But it's sort of like the question of free will - would we want to be the puppets of some godly overlord, or do we cherish the gift of free will - which by definition means that some people will choose to do and be evil.

I have no answers to these questions, and I am trying hard to be coherent here, and also not offend anyone. I think we are all trying to make sense of this horror, or find someone or something to blame so that we can "fix" that and assure something so terrible doesn't happen again. And, most sadly, I don't think that's realistic.

Now I will say that in this case, I would like to know why the judge didn't make future visits contingent on JP passing the LDT and psychosexual evaluations. That seems to have been the only leverage the legal system had in this case at this point.

JMO, IMO, etc.
 
I wonder if the Judge was in the loop too with that warning info. If not, she should have been.
I doubt the Utah LE were kept abreast by DSHS on the case details/visitation and court orders. IMO, the judge may not have had that information because LE may not have known that JP was due in court on another custody review.

However, Utah LE did send notice to Washington State DSHS. So, if DSHS had that information before the custody review, on Wednesday, then, it would seem, they were obliged to notify the Judge of the information that Utah LE provided. In addition, that information should have been relayed to the Contract Services (Foster Care) Providers Agency and the case worker should have been armed with that information as well. In actuality, DSHS should have altered their visitation procedure for the Powell family based on that new information. It seems that they may have ignored the information or at the least not weighed that when it came to what was presented to the judge on Wednesday, May 1st.

If that LE update came after the May 1st hearing, DSHS could have asked for an emergency hearing in order to determine if that information should change the current visitation procedure.
 
Nowhere is it reported that either child was screaming. Crying, yes, but not screaming. I'd like to not see that unless supported by MSM because it gives me nightmares.
-------------

OK, crying.
 
Until a person is convicted of a crime, in this country, he is legally presumed to be innocent and afforded all of the rights of an innocent person.
The laws are NOT written to protect the suspects. The laws in our system are written to protect the INNOCENT. The laws protect me, and you, as well as anyone suspected of a crime, and I hope very much that they stay that way. Yes, some horrible evil atrocities are possible because of the way our legal system works, but many many evil atrocities are also prevented, and we are better because of it. Jmho.

True, but family law and juvenile dependency courts differ from criminal courts. See below:

gitana1, thank you for saying what I haven't been able to verbalize. I am convinced the judge had exactly the same fears and concerns that we've all expressed here but was powerless in too many ways. And as nomoresorrow said, we DON'T want judges being able to make rulings based on "feelings" or because someone looks skeevy.

It's horrifying that someone like JB benefits from the loopholes in our laws but, sadly, if we are to protect the innocent - the vast majority of us - we have to be very, very careful in how we would change these protections.

I am NOT saying I'm OK with it. But it's sort of like the question of free will - would we want to be the puppets of some godly overlord, or do we cherish the gift of free will - which by definition means that some people will choose to do and be evil.

I have no answers to these questions, and I am trying hard to be coherent here, and also not offend anyone. I think we are all trying to make sense of this horror, or find someone or something to blame so that we can "fix" that and assure something so terrible doesn't happen again. And, most sadly, I don't think that's realistic.

Now I will say that in this case, I would like to know why the judge didn't make future visits contingent on JP passing the LDT and psychosexual evaluations. That seems to have been the only leverage the legal system had in this case at this point.

JMO, IMO, etc.

I think she could have, but there would have been a strong possibility that it would have have been appealed. Nevertheless, family law judges are not completely bound by a suspect's right not to incriminate themselves or a defendant's presumption of innocence, in the sense that they cannot force a suspect to incriminate themselves but they can base child custody decisions on the suspect's conduct and the facts of the case, even if there is not enough for an arrest.

It happens all the time. A parent won't be arrested, for example, for dv or child abuse, sexual molestation, etc., but the family court finds there is enough evidence to deny them custody or visitation rights (except in a supervised setting). They don't need "beyond a reasonable doubt". They go by the best interest of the child standard which makes it easier to prove allegations and obtain court orders based on that proof.

Hence, in Kaine Horman's case, the judge gave the suspect a choice, essentially: Undergo a custody eval, answer depo questions and/or testify, all of which carry a risk of self incrimination, or you will not be able to see your kid. The judge in that case determined there was enough to have grave concerns that this woman caused Kyron to go missing and thus could be a danger to her daughter.

I wish more judges would make such decisions.

But, although there is some leeway, judges really for the most part feel their hands are tied by parent's constitutionally protected rights to their kids and their fifth amendment rights and the presumption of innocence. In the coward's case, he did participate in the custody case. He did undergo an evaluation by DSHS and/or a psychologist. That makes the case different from Kaine Horman's custody case and thus, harder to protect the kids.

I really feel that there needs to be an underlying policy of the law that all judges must follow that puts the rights of children first. I have made some suggestions but further conversation is probably not relevant in this thread.
 
Sometimes there are just too many cooks in the kitchen and too many hoops to jump through.
In this case there were many people involved in this case:
LE in Washington State
LE in Utah
Washington State DSHS, as an agency
CPS
CPS Caseworker (they are usually not the same agency as DSHS, DHS, DFS, whatever your State calls the Department of Social Services.)
A DSHS Caseworker to oversee the whole Powell file
The Contracted Foster Care Agency
The Contracted Employee (visitation Supervisor)
At least two lawyers
The Judge
The State legislature that writes the family law
The grandparents and probably their lawyer
JP and
the two boys

The one glaring mistake, IMO, is the contracting out of services. Just adds yet another case file from yet another agency. DSHS and the specific Powell Caseworker, within DSHS, probably should have been the person to oversee the visits.
 
Now that I think of it, I wonder if CPS even had that information from UTAH LE.
And, actually, why doesn't a CPS caseworker oversee these court ordered "supervised visits?"
 
SEATTLE — The Washington state social worker who was supposed to supervise a visit between Josh Powell and his young sons says Powell told his oldest boy he had a "surprise" for him moments before attacking and killing the children.

Elizabeth Griffin-Hall said in an interview to air on ABC's "20/20" on Friday that Powell slammed the door on her after he had the children inside the house on Sunday. Hall said she banged on the door to try to get inside and heard Powell tell 7-year-old Charlie: "I've got a big surprise for you." She also heard 5-year-old Braden crying.

Authorities said Powell used a hatchet on his children, then set a house fire that killed them all.

<modsnip>


http://www.deseretnews.com/article/700223667/Worker-Josh-Powell-told-son-he-had-surprise.html
 
Until a person is convicted of a crime, in this country, he is legally presumed to be innocent and afforded all of the rights of an innocent person.
The laws are NOT written to protect the suspects. The laws in our system are written to protect the INNOCENT. The laws protect me, and you, as well as anyone suspected of a crime, and I hope very much that they stay that way. Yes, some horrible evil atrocities are possible because of the way our legal system works, but many many evil atrocities are also prevented, and we are better because of it. Jmho.

Unfortunately, there is someone MORE innocent in these cases than the husband-suspect.

The children are the MOST innocent. THEIR rights are the ones that should receive the highest priority. I am not arguing for denial of visitation, but it should take place at the police department, with a nice friendly officer in attendance.
 
FWIW, a few weeks ago, I babysat my 3 small grandchildren for the weekend in their house in another state. They don't have a land line. Just as their parents were leaving, I happened to realize I did not know their address. I had to have my daughter write it down for me, along with the nearest cross streets. I knew if I had to call 911 I would need it. Of course, I did not remember to bring it with me every night when we went upstairs to bed, so it's not like I'm perfect. I think not knowing an address is far easier than we might think. I bet it happens a lot on 911 calls.

At least, the worker DID have the address written down in her car, so good for her. She probably would have found it sooner if the 911 guy hadn't been asking her so many questions. That should have been a priority.

This is one small thing that could change immediately. Every person supervising a visit could have the address written down on something like a label that would attach to their wrist - like a hospital bracelet.
 
low on the totem pole??? Just what is the role of the dispatcher if not to take down critical information and dispatch quickly??? His role may have caused the deaths of the boys in that 8 min. delay in which he played God and assigned the call a low-priority for dispatch!!!!! He was NO innocent, and deserves to be fired! His situation was not "impossible" and if that is the case he definitely should not be a 911 operator!

Here's another thing that could easily be changed, immediately. Supervised visits should be considered - even when not with potential murder suspects - as high-risk situations. A caseworker or contract worker should be 1) empowered to call 911 immediately if barred from supervision, and 2) should be given a phrase that ALL 911 operators know, which turns it into a high-risk immediate response.

A door slams in their face? They should not knock, pound, or do anything other than run to safety behind their car (in case there is shooting out a window?), dial 911, and say, "Code blue: supervision visit FAIL." Or something like that. Give the address, and cops should be on the away.

If we're really serious about protecting children in the country, let's get serious.
 
Here's another thing that could easily be changed, immediately. Supervised visits should be considered - if when not with potential murder suspects - as high-risk situations. A caseworker or contract worker should be 1) empowered to call 911 immediately if barred from supervision, and 2) should be given a phrase that ALL 911 operators know, which turns it into a high-risk immediate response.

A door slams in their face? They should not knock, pound, or do anything other than run to safety behind their car (in case there is shooting out a window?), dialing 911, and say, "Code blue: supervision visit FAIL." Or something like that. Give the address, and cops should be on the away.

If we're really serious about protecting children in the country, let's get serious.


How can we push for this kind of action nationwide?
 
(BBM)



She received 4 emails, and yes, I'd like to know the timing of each of them...

ETA:

Dispatcher: "What else did the e-mails say?"

Sister: "(crying)"

Dispatcher: "Alina, I need you to calm down, okay? What else did the e-mails say?"

Sister: "Nothing. He just... He just... He sent several e-mails saying stuff about how to handle his properties and how to handle his utilities. I don't know. It was just an e-mail"

Dispatcher: "Okay."

Sister: "They start a while ago. I didn't think anything of it because there was some weird e-mail that came in this morning that I dismissed and it didn't say anything from him. It was just some sort of forward or something."

http://www.abc4.com/content/news/top_stories/story/911-recording-released-from-Josh-Powells-worried/W9bZsNdV2E6AG7HpJxfE8Q.cspx

Yes, that is what I thought I heard. Broke my heart that it was dismissed but hindsight is 20/20.
 

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