Investigative Reporting/Court Reporting

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    Investigative Reporting/Court Reporting - Presentation Transcript

    1. Jurors hear bone-chilling confession Sampson No emotion in Abington drifter’s taped voice as he admits killing 3 people of Kingston and Philip McCloskey, 69, of Taunton, who confession By DAN DeLEO The Patriot Ledger In another trial had both offered him a ride. He killed his third victim, s State trooper: “You killed s Gunmen pumped 14 bullets into Gregory Cormier’s Robert “Eli” Whitney, in New Hampshire. BOSTON – In a calm, casual tone, Gary Sampson told Sampson, 44, was arrested in Vermont after breaking somebody in Massachusetts, too?” a Vermont state trooper how he slit the throats of his two car on night of slaying, prosecutor says Page 13 into a vacation home and calling 911. s Sampson: “I killed two people in South Shore victims and “cried for two hours” when he Without a hint of emotion in his voice, he casually Massachusetts.” read about one of the murders in the newspaper. his federal death penalty case. They will decide whether mentioned to Vermont State Trooper Ray Keefe how he s State trooper: “For what?” “Yeah, I can be human,” Sampson told the trooper, who recorded the Abington drifter’s confession after arresting to send the Abington native, who has admitted killing had committed murders in New Hampshire and Massa- s Sampson: “For vehicles. Sick, him in Vermont two years ago. “But then I lost that.” three men in July 2001, to prison for life or to his death chusetts. huh? Yeah, it is.” Jurors listened to Sampson’s confession yesterday dur- by lethal injection. ing the sixth day of testimony in the sentencing phase of His murder spree took the lives of Jonathan Rizzo, 19, Please see SAMPSON — Page 2 DRIVING TO ENDANGER A SPECIAL REPORT Cour t rules ban MASS. FAILURE BY DAN DELEO THE PATRIOT LEDGER on gay D rink and drive in Mass- achusetts and lose your license for a few months. Do it in Maine and lose your car. State rated among worst in nation marriage illegal Unlike Massachusetts, which is still struggling to find ways to address the problem of chronic drunken drivers, Maine has been enacting unflinching laws for 20 years. Maine boasts some of the toughest Legislature given laws in the nation. The state also ranks among the top 180 days to come five in the nation for the lowest percentage (22) of alcohol-related up with a solution fatalities. Massachusetts is among the top five, at 42 percent. Patriot Ledger staff and news service Habitual drunken drivers in Maine face the following: BOSTON (AP) – Massachusetts’ s Vehicle impoundment and in some highest court ruled today that same- cases forfeiture. sex couples are entitled to marry un- s A zero tolerance blood alcohol der the state constitution, but stopped policy for convicted repeat offenders, short of allowing marriage licenses to meaning they can be arrested for be issued to the couples who chal- driving with any alcohol in their blood. lenged the law. s Enhanced penalties for drunken The Supreme Judicial Court’s 4-3 drivers whose blood alcohol level is at orders the Legislature to come up or higher than .15, because repeat with a solution within 180 days. offenders frequently test higher than The ruling closely matches the .08, which is the legal level at which a 1999 Vermont Supreme Court deci- person is considered too drunk to drive. sion that led there to the Legislature’s Maine drivers have a harder time approval in 2000 of civil unions that beating a drunken driving charge in give couples many of the same bene- court because prosecutors can use fits of marriage. refusal to take a blood alcohol breath The decision is the latest in a series test as evidence. Drunken drivers in of victories for gay rights advocates, Massachusetts have the right to refuse a but fell short of what the seven cou- breath test with no legal repercussions ples who sued the state had hoped to other than an automatic 180-day loss of receive: the right to marry their long- license. Experts say that is a loophole time companions. that many drunken drivers exploit. The Legislature already is consid- Maine did not become a model ering a constitutional amendment overnight. that would legally define a marriage as a union between one man and one Please see DRUNKEN DRIVER — Page 12 woman. House Speaker Thomas Finneran has endorsed the proposal. A similar initiative, launched by INSIDE: Judge says hitting citizens, was defeated by the Legisla- ture last year on a procedural vote. drunken drivers hard s Photo illustration by GREG DERR/The Patriot Ledger Daniel Avila of the Massachusetts With Massachusetts’ driving laws among the weakest in the nation and drinking being a the first time is the best answer WHAT WORKS? large part of the culture, there isn’t much of a deterrent to keeping drunks off the road. Catholic Conference ripped the court’s ruling. “Today’s radical deci- sion to redefine marriage must be re- Please see GAY — Page 2
    2. No emotion as killer confesses s SAMPSON soon as I could.” Continued from Page 1 After Gregory dived out of the car, As the tape played, Rizzo’s tearful Sampson got behind the wheel, put Sampson head far XXX Thistrial soin the car in reverse and tried to run him parents sat in the courtroom and hung on to one another, listening as over, Gregory testified. black only now Sampson’s Timeline of Gary death penalty trial XXX on in going Sampson calmly talked about how he But he had already scrambled up U.S. District Court in Boston. s Factoid here and here and had killed someone who was “ . . . an embankment and into the woods. here and here and here – Trial s Wednesday, Nov. 5 please just a kid.” Sampson then sped off. “I’ve been lucky . . . ,” Gregory s Factoid here and here and of begins following several weeks “It was disturbing to hear his voice hereselection. Jurors listen to two jury and here and here please and how matter-of-fact he was about said. “I got away from a serial taped confessions Sampson the whole thing,” Michael Rizzo, killer.” s Factoid herefollowing his arrest made to police and here and Jonathan’s father, said afterward. After ditching the car nearby, here and here three murders. in Vermont for and here please “He knew what he was doing. He Sampson broke into a ski chalet, s Thursday, Nov. 6 – Patrick – XXX CREDIT LINE HERE where he called 911. When police ar- wasn’t impaired.” Shea of Plymouth testifies about rived at the home, Sampson came out Sampson’s attorneys are arguing finding the body of 69-year-old of the house without a fight. that their client is a “mentally dis- Philip McCloskey in a wooded Sampson alluded to his murder eased man” who suffers from bipolar spree just a few minutes into his ini- area in Marshfield on July 26, disorder. tial interview with the Vermont 2001. Shea, who is now married to At one point during his taped con- one of McCloskey’s daughters, trooper. had joined police and family versation with police, Sampson asked After admitting to being wanted in them if they would “ . . . do me a fa- members in a search of the area New Hampshire for burglary and after a Marshfield police officer vor and shoot me? . . . Who’s going to drunken driving, Sampson said, know? I tried to escape. Do me a fa- found McCloskey’s abandoned “Um, I’m wanted in North Carolina Mazda minivan. vor. Just don’t hit me in the head.” for five bank robberies. I’m also In addition to hearing a portion of wanted in New Hampshire for mur- s Monday, Nov. 10 – Witnesses Sampson’s confession, jurors also der. . . . And I’ll be wanted in Mass- testify about casual encounters heard testimony that outlined his achusetts.” with Sampson in Marshfield, capture after carjacking a North Sampson said he cried when he Bourne and Plymouth after he Clarendon, Vt., man who had picked read about McCloskey, his first vic- killed McCloskey, and before he him up on the side of the road. killed Jonathan Rizzo, 19, of tim, in a local newspaper. William Gregory, a 41-year-old Kingston, and Robert Whitney, 58, When he saw Gregory at the police computer-copy machine technician, of Concord, N.H. station, he said, “That guy’s probably narrowly escaped becoming Samp- pretty happy. . . . He could’ve ended s Wednesday, Nov. 12 – Former son’s fourth murder victim. up in a bad situation. I am so glad I Myles Standish State Forest Gregory pulled over on Route 4 am in custody.” worker Joseph Barrett of Abington near West Bridgewater, Vt., and Sampson also mentioned in the con- tells jurors that Sampson praised picked up what he thought was a fession that he had called the FBI’s him for not trusting strangers. stranded businessman. Sampson was Boston office from a 7-Eleven in s Thursday, Nov. 13 – For the well-dressed and was pulling a suit- Abington weeks before the murder first time, jurors see images of the case with wheels. spree to surrender to federal authori- grisly crime scenes left in the wake Within moments of letting Samp- ties. But the call was disconnected. of Sampson’s killing spree. The son into his Chrysler LeBaron, Gre- “I wanted to turn myself in,” he defendant slumps in his chair and gory had a knife to his throat. said, “and since that time, I’ve killed stares into his lap as a photo of Sampson ordered him to turn onto three people and I’ve kidnapped one Rizzo’s body flashes on a a dirt road, saying he intended to only in this state.” computer screen. tie him up and steal his car. Gregory “I knew what was going to hap- s Monday, Nov. 17 – Jurors hear slammed on the brakes, skidding the pen,” he said. a tape of Sampson’s confession to car onto the shoulder. He jumped Asked why he committed the mur- a Vermont state trooper. A witness from the car while it was still in drive ders, Sampson said: “I guess now describes how he managed to and ran into nearby woods. that this is all over, I have to sit down escape from Sampson on a rural “He would have killed me,” he said and figure out why.” Vermont highway. after testifying, adding that he knew Dan DeLeo may be reached at he had to get away from Sampson “as ddeleo@ledger.com. Excerpts from Sampson’s confession About surrendering to police: 139. I called them, it cost me a dollar and 10 cents for three “I was going to buy a BB pistol and try to get one of you minutes. I talked to them, I told them . . . don’t call the local guys to shoot me. But then again how would your con- authorities, you people come, I don’t want to get killed. I science be? Actually, probably pretty clean because that was want the FBI to meet me at the Island Grove Bridge, I’ll be in my fault.” the middle of the bridge, at 3 o’clock in the afternoon, un- armed. Never showed up. I was there, I swear, I was there. About his attempt to surrender to the FBI before he began Right out in the middle of the bridge, just waiting . . . I said his killing spree: the heck with them. I guess they don’t give a damn about me “ . . . It was about a week ago. Um, 1 o’clock in the after- or anybody else. I wanted to turn myself in and since that noon, Abington, Massachusetts. I was at 7-Eleven on Route time I’ve killed three people. . . . ”
    3. 12 Tuesday, November 18, 2003 A SPECIAL REPORT DRIVING TO ENDANGER Mass. fails to keep drunken drivers off the roads GREG DERR/The Patriot Ledger s Marshfield police officer Leo Egan, left, Detective Jeff Brennan, center, and officer Mike Dimeo arrest Arthur Payne of Marshfield on a drunken driving charge. It is at least the second arrest for Payne, 59. He struggled with police when they tried to take him into custody after he allegedly failed a field sobriety test on Ocean Street. are pending before the Legislature, including beginning to drink is declining.” s DRUNKEN DRIVER Continued from Page 1 one filed in September by Gov. Mitt Romney that targets repeat offenders. It would increase Harrington said the public has to want tough laws. MASS. RANKS AT BOTTOM WITH AN F “It has been a slow progression,” said Except for Massachusetts, these states were given top grades for legislative initiative by the license suspension period for second “There is a perception that alcoholism is not Mothers Against Drunk Driving. Robert O’Connell of the Maine Bureau of offenders. a serious problem, or a serious crime, and that Motor Vehicles. “But Maine has taken an Romney also directed the Registry of Motor makes it difficult to build support for stronger KEY: N = NO Y = YES Lower Enhanced innovative approach to what had become a Vehicles to require interlocking breath alcohol laws. People will get what they demand,” she blood-alcohol penalties serious problem.” test devices in the cars of convicted drunken said. License plate Vehicle Vehicle level for repeat based on .15 So have more than a dozen other states. drivers who have been given hardship license STATE confiscation impoundment forfeiture offenders or highter BAC Grade State Rep. James Vallee, D-Franklin, a Arizona, California, New York, Ohio, Georgia exemptions. Interlock devices prevent drivers former prosecutor in Quincy District Court Arizona N Y Y N Y B- and others have adopted laws targeting repeat from starting their cars if their blood alcohol who spearheaded recent state acceptance of offenders, earning them high grades from content is .08 or higher. California N Y Y N N A- the so-called “per se” law, which defines a Mothers Against Drunk Driving. Forty-three other states already have blood alcohol level of .08 as irrefutable proof Florida N Y N N N B+ In Maine, statistics show the new laws have interlocking device requirements on the books. in court that a person is legally drunk, said that Georgia Y N Y N Y A- been effective. “We’re far behind in terms of drunken measure alone reduced drunken driving The percentage of alcohol-related fatalities driving legislation and in what Massachusetts Illinois N Y Y N Y B+ in Maine has declined 32 points since 1982. fatalities by 9 percent in California the first is ready for,” said Barbara Harrington, year it was in place. Kansas Y N N N Y B- For the same time period, the percentage in executive director of the Massachusetts Massachusetts declined 13 points. Still, he said, more must be done. Louisiana N N Y N Y B- chapter of Mothers Against Drunk Driving. “We have been progressive,” said Lynn “You can file a piece of legislation, but trying “It’s an epidemic,” said Vallee, House chairman of the Legislature’s Judicial Maine Y Y Y Y Y B- Mansfield, executive director of Maine to get it passed is another story.” Mothers Against Drunk Driving. “The State and federal statistics show drinking is Committee. “Behavior needs to be changed. Massachusetts N N N N N F message is hitting home with people, and they a large part of the culture in Massachusetts. In We need to continue to be vigilant and put Michigan Y Y Y N N B are making smarter decisions about not 2000, only five states had a higher per-capita punishment in place to tell people you can’t do that.” New York Y Y Y N N B drinking and driving.” alcohol consumption rate than Massachusetts: Lawmakers and advocates of tougher laws Alaska, Colorado, Delaware, New Hampshire Canton police Sgt. James Wolfe agrees. He North Carolina N Y Y Y Y A- point to Maine’s statistics when they say and Nevada. said license suspension alone is not enough of a deterrent for repeat offenders. Ohio Y Y Y N N B+ Massachusetts has far to go to get habitual Nationwide, 29 percent of young people drunken drivers off the roads. start drinking before age 13; in Massachusetts, “The only way to solve the problem is to Oregon Y Y Y N N A- So why has Massachusetts been so slow? the figure is 51 percent, according to the state incarcerate people for longer periods. If Utah N Y N N N B Some say the problem lies in the Department of Public Health. they’re in jail, they’re not going to drive, and Legislature, where there has been an ingrained “People who start drinking earlier in life are hopefully they’ll learn their lesson,” he said. Washington N Y Y N Y B+ reluctance to pass strict laws because the more likely to be in alcohol-related crashes,” Staff reporter Dennis Tatz contributed to Wisconsin N Y Y Y N B state’s constitution would leave them open to said Ralph Hingson, a sociology professor at this story. Source: MADD: Mothers Against Drunk Driving The Patriot Ledger legal challenge. Boston University. “That’s a concern, because Dan DeLeo may be reached at At least a half dozen drunken driving bills nationwide, the average age of people ddeleo@ledger.com. DEATH TOLL FROM ABOUT DRUNKEN DRIVING Quincy judge By DENNIS TATZ The Patriot Ledger THE SERIES: wenty years ago, Quincy District Court Judge T The arrests of more than two Top states for percentage of fatalities involving alcohol content of .08 or was among first Albert Kramer thought he had the answer to keeping repeat drunken drivers off the roads: Hit them hard with punishment and alcohol dozen repeat drunken drivers on the South Shore since May higher in 2002 treatment the first time they get caught. raised questions about the Fatalities Percent to take hard line Kramer’s strategy was to sentence first-time drunken drivers to a few days in jail as a form of shock therapy, then assign them to a 30-week alcohol treatment program. state’s system for dealing with multiple offenders. alcohol- The jail sentences were his response to 1980s research How can a person with six or related showing drunken drivers with as many as five or six seven drunken driving 1. Washington, D.C. 47 47% convictions were getting back in their cars without having convictions still be driving? served a day behind bars. 2. South Carolina 1,053 46% Critics of Kramer’s strategy argued that there weren’t To find out, The Patriot Ledger 3. Rhode Island 84 45% enough jails to hold first-time drunken drivers, even for a reviewed months of court reports, 4. South Dakota 180 44% few days. And defendants sentenced to jail often appealed, and interviewed judges, police 5. Mass.* 459 42% clogging the courts. officers, lawyers and anti- When Kramer’s model was adopted statewide in 1987, it U.S. total 42,815 41% drunken driving experts. was a watered-down version. Instead of sentencing first- and second-time drunken drivers to jail and alcohol What we learned is that, in *Tied with New Mexico and Texas treatment, it permitted them to avoid jail sentences by Massachusetts, drunken driving Source: National Center for Statistics and Analy- agreeing to get help. is still considered a petty crime. sis/National Highway Traffic Safety Administration The result? Drunken drivers with more than one conviction are still getting back in their cars without having served jail time. Massachusetts fatalities involving alcohol content of .01 or higher Kramer, who retired in 1993, said, “My thinking was, Weekend and it was clear from the studies, that 65 to 70 percent of Of the 7,306 drunken drivers for the past 10 years first-time offenders were addicted to alcohol. If you convicted in district courts Fatalities Alcohol- Pct. continue to treat them as social drinkers, you are missing the boat.” last year, only 15 percent spent related Kramer’s recommendations for dealing with the highly even a day in jail. 2002 459 221 48% charged issue were included in a chapter of the 1986 book 2001 477 234 49% “Drunk Driving in America – Strategies and Approaches 2000 433 216 50% to Treatment.” Yesterday 1999 414 195 47% Kramer said he continues to believe that the key to Who pays for drunken 1998 406 184 45% stopping repeat offenders is tough sentencing combined 1997 441 198 45% with forced long-term treatment programs and close driving? Often, it is everyone 1996 417 184 44% supervision by probation officers. but the driver. 1995 444 193 43% “You can’t put them in a program once a week and keep 1994 440 212 48% them sober,” he said. 1993 475 208 44% “You need to put them in an intensive program for 26 Today TANIT SAKAKINI/for The Patriot Ledger weeks and go to AA (Alcoholics Anonymous) three to four Other states are working * Source: National Center for Statistics and Analy- s Retired Quincy District Court Judge Albert times a week,” Kramer said. “There is no doubt that if you sis/National Highway Traffic Safety Administration to solve the problem. Is Kramer says the key to stopping repeat offenders is get people sober, you will have less deaths and accidents.” tough sentencing and forced treatment. Dennis Tatz may be reached at dtatz@ledger.com. Massachuset ts?

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