August 15, 2008
August 15, 2008
Today on Ankarlo Mornings: The Los Angeles City Council will require all new home improvement box stores to build shelters for day laborers. The shelters have to provide bathrooms, running water and they also have to be stocked with tables and chairs. How nice? So let’s punish the businesses because people are breaking the law. Who needs law enforcement?
Also, Dr. Cal Jillson from SMU joins Ankarlo. Hillary will get her day (actually two) at the Democratic Convention. Obama has granted a roll call vote for her supporters. The Clintons have done it again. They have made it all about them and could swallow up Obama while they do it.
Ankarlo follows up on the Eboni Perri story. She got away with murder and today Paul gives us exclusive details about Perri’s insurance claim for her daughter. She took the policy out 3 to 4 weeks before little Nakeisha died. It turns out Perri was playing the insurance lottery. She took out policies on her mother, nieces, nephews and anyone else she could find. When she took out the policy on her mother, she showed insurance agents a completely different woman. Her mother was already in the process of dying the time the policy was taken out. The woman Perri showed to insurance agents looked healthy.
The War Room Live: Sept. 5 at 4:45pm
August 15, 2008
Ankarlo will appear with Mac Watson, Pat McMahon and special guest Glenn Beck live for live edition of the War Room on stage at the Orpheum Theater Friday September 5th from 4:45pm-7pm. The War Room Live SOLD OUT in 90 minutes!
Eboni Perri Sentencing Document
August 15, 2008
Below is the case laid out by the Maricopa County Attorney’s Office to sentence Eboni Perri to fifteen years in prison. The Maricopa County Superior Court has said there was a change of plea in this case and Judge Timothy Ryan told both the prosecutre (The MCAO) and the defense attorney what to expect. More information to come…
IN THE SUPERIOR COURT OF THE STATE OF
IN AND FOR THE
____________
STATE OF
SENTENCING MEMORANDUM
(Assigned to the Honorable Timothy Ryan)
Respectfully submitted this _____ day of August, 2008.
ANDREW P. THOMAS
MARICOPA
Belle Whitney
Deputy County Attorney
SENTENCING MEMORANDUM
In this case the defendant, Eboni Perri, pled guilty to Count 2 as amended: Child Abuse, a class 3 Dangerous Crime Against Children. She was originally charged with Negligent Homicide, a class 4 felony; Child Abuse, a class 2 DCAC; and Attempted Fraud Schemes, class 3 felony.
The victim in this case is the defendant’s daughter, Nakeisha Walker. She was born on March 3, 2003 weighing in at 5.76 pounds. At birth she tested positive for marijuana and cocaine.
The first time Nakeisha was seen by her pediatrician was on May of 2003 for her 2 month well baby check up. At this time she was noted to be underweight. The next time Nakeisha was seen was in July of 2003, at which time the defendant was concerned about her development, she was once again found to be underweight. In September of 2003 Nakeisha’s pediatrician referred her to a Pediatric neurologist due to her ongoing lack of development.
In November of 2003 the victim was seen by the neurologist, Dr. Narayanan, at Barrows Neurological Institute. He found she had severe lack of cognitive and motor development, possibly due to brain malformation or some sort of metabolic disease. The victim had involuntary head and tongue movements and could only eat 6 ounces of formula at a time, which was abnormal.
An MRI that was conducted in December of 2003 showed mildly advanced atrophy and immature myelination. The victim had a follow up with Dr. Narayanan in January of 2004, that same month she was seen at
In June of 2004 she was seen at Children’s Rehabilitation Services Clinic for pediatric care. She was found to have chewing and swallowing difficulties. She was referred to the feeding clinic because she was found to be significantly underweight.
The defendant started having home visits with a therapist who noted that Nakeisha was small and had trouble feeding. The defendant continued with the visits regularly up until September of 2004 when she began cancelling visitations. It should be noted that the services offered through the Foundation for Blind Children and the Division of Developmental Disabilities were all free of cost.
In October of 2004 Nakeisha was taken into St. Joes Emergency Room because she had bowel irritability. After this she was once again taken to the neurologist, Dr. Narayanan. He ordered many tests to determine what type of neurological disorder Nakeisha suffered from but no diagnosis was ever made. At this time the doctor recommended an MRI but the defendant never took Nakeisha.
In January of 2005 the Division of Developmental Disablilitis sent 2 letters to the defendant because they had been unable to contact her to keep up with Nakeisha’s therapy. They later learned that the defendant had moved and had not provided a new address so that the weekly services could continue.
Subsequent to Nakeisha’s October visit with Dr. Narayanan it does not appear that the defendant took her in for any sort of medical care. Up until October 2004 the victim, although very slowly, had gained weight. However, from October 2004 until Nakeisha’s death on March 5, 2005 her weight dropped from 17 to 14 pounds.
On March 5, 2005 Nakeisha died. According to the defendant she was taking a nap and woke up to find Nakeisha failing to breathe. Paramedics were called but attempts to save her life were unsuccessful.
The Medical Examiner in the case (Dr. Keen) determined that the cause of death was Interstitial Pneumonia and hemorrhages. He listed the Manner of death as Undetermined. Dr Keen stated that the victim was malnourished and had gastro-enteritis. He said that the interstitial pneumonia and hemorrhages probably impaired Nakeisha’s respiration which ultimately lead to her death. He stated that Nakeisha’s immune system and/ or lack of nourishment may have lead her to being unable to fight off the infection.
Dr. Kathryn Coffman, a forensic pediatrician, reviewed the case. Her opinion of Nakeisha’s death was that it was caused by severe malnutrition and that it was the pneumonia that pushed her over the edge. Dr. Coffman stated that if Nakeisha had been properly nourished she should have been able to fight off the infection and survived.
Further, Dr. Narayanan, Nakeisha’s neurologist, was extremely surprised to learn of Nakeisha’s passing. He stated that he treats patients similar to Nakeisha on a regular basis and there is no reason that she should have died. He stated that with proper care children such as Nakeisha can lead healthy lives.
The defendant pled guilty to Child Abuse, a class 3 Dangerous Crime Against Children. There are No Agreements as to sentencing, meaning that the defendant is eligible for probation or prison for a mitigated term of 5 years, a presumptive term of 10 years and an aggravated term of 15 years.
AGGRAVATING FACTORS:
A. ESPECIALLY HEINOUS, CRUEL OR DEPRAVED MANNER IN WHICH THE OFFENSE WAS COMMITTED (SUBSECTION (C)(5))
1. The death of Nakeisha was especially cruel.
A finding that a killing is “especially cruel” is appropriate when the defendant inflicts mental anguish or physical abuse before the victim’s death. State v. Murray, 184
The victim in this case, Nakeisha, was only wo years old when she died. The evidence in the case is clear that she died of malnutrition and pneumonia. The fact that she only weighed 12 pounds on the date of her death illustrates the fact that she was not properly nourished or cared in the days that led to her death. One can only imagine the pain that she felt due to the lack of care and starvation that she suffered. Not only must she have felt physical pain but she must have felt sadness, fear and a longing for food that is hard to even comprehend.
Although the victim had many health issues that prevented her from living a normal life the defendant had the tools to provide for the victim. She had medical care, which she had previously sought, and the help of the Division of Developmental Disabilities on a weekly basis to help care for the victim. The defendant had the means necessary to care for Nakeisha but chose not to do so which is evidence of the cruelty of her death.
2. The defendant’s murder of Nakeisha was especially heinous and depraved.
In State v. Gretzler, 135 Ariz. 42, 52, 659 P.2d 1, 11 (1983), the Court outlined the following factors that can support a finding of especially heinous or depraved: (1) apparent relishing of the murder; (2) the infliction of gratuitous violence on the victim; (3) the needless mutilation of the victim; (4) senselessness of the crime; (5) helplessness of the victim.
Moreover, the Gretzler Court found that a killing is especially heinous or depraved if the crime was senseless and the victim was helpless. Either or both of these elements, when considered with other factors, may lead to a conclusion that a crime was especially heinous or depraved. Id at 53, 11. In addition, “a murder is senseless when it is unnecessary to allow the defendant to complete his objective.” State v. Comer, 165 Ariz. 413, 429, 799 P.2d 333, 349 (1990).
A victim’s age and degree of helplessness are elements courts look to in determining whether a victim was helpless, thus adding to the depraved nature of the crime. State v. Gallegos, 178 Ariz. 1, 870 P.2d 1097 (1994).
It is clear from the evidence that the death of Nakeisha was a senseless act. Further, the victim was helpless based on her age and health condition. The lack of care, starvation, and neglect of Nakeisha was clearly senseless and unnecessary to allow the defendant to complete any type of objective. Nakeisha was only two years old at the time of her death thus adding to the depraved nature of the crime.
B. The victim suffered physical and emotional harm.
Pursuant to A.R.S. § 13 – 702 (C) (9), the State asks that the Court
to consider the physical and emotional harm inflicted on Nakeisha. Although Nakeisha is not alive today to voice the pain that she felt during the days that led to her death, the amount of pain she felt is unimaginable. Day after day of being denied the nourishment she needed must have been almost unendurable. Although she was only two years of age Nakeisha must have suffered emotionally as the defendant, her mother, who was supposed to love and care for her day after day did not.
C. The offenseS WERE DOMESTIC VIOLENCE OFFENSES
committed in the presence of childREN.
A.R.S. § 13-702(C)(4) commands that the Court consider in aggravation when an “offense was committed in the presence of a child” and the offense is a domestic violence offense. The defendant’s two other children, six year old Eddie, and seven year old Melody were in the home present when the crimes were committed. This aggravating factor exists because of the harm that witnessing an act of domestic violence causes to a minor child. The Defendant’s other two children watched their baby sister get sick and not receive the care that she needed. Moreover, they saw the defendant do nothing to help Nakeisha, and were present when she passed away.
D. The offense involved an accomplice.
The victim’s father, Albert Walker, who was never charged by the State, was present in the home during the time the defendant failed to care for, or seek medical care for Nakeisha. His involvement, or lack of involvement in this case demonstrates that he was an accomplice.
E. THE DEFENDANT COMMITTED THE OFFENSE IN EXPECTATION OF THE RECEIPT OF ANYTHING OF PECUNIARY VALUE.
A.R.S. § 13-702(C)(7) dictates that the court consider as aggravation the fact that a defendant acted for the receipt of anything of pecuniary value. In this case the defendant took out a life insurance policy for $14,000, on Nakeisha one month before her death. Not only did the defendant take out the policy, she was fraudulent in her representations to the life insurance company when she represented that Nakeisha had not been treated at a hospital or for any medical condition or disease. The court should consider the timing of the policy, one month before Nakeisha’s death, and the fact that the defendant even took out the policy on the victim as evidence that the defendant did not care for the victim in expectation of receiving the benefits of the policy.
REQUESTED SENTENCES:
Due to the multiple aggravating factors present in this case, the State respectfully requests that the Defendant be sentenced to an aggravated term of 15 years in the Department of Corrections. The defendant’s actions and inactions in this case lead to the death of the victim. For this she should receive the maximum amount of punishment available under the plea.
Daily Links
August 15, 2008
Talk the Vote: Dr. Jerome Corsi appeared on Ankarlo Mornings when his new book, The Obama Nation, hit the shelves. Yesterday, the Obama campaign has gone to great lengths to prove many of Corsi’s writings false. McCain has some conservatives worried because he said he wouldn’t rule out a couple candidates for the Vice Presidency because of their abortion rights stances. Hillary Clinton’s name will be up for nomination at the Democratic Convention.
The US and Poland have reached a missile defense agreement. Russia isn’t very happy about it. Russia is going back in history to pull out pages from the Cold War book. Everything was America’s fault and part of some evil plan. Russian radio reports said the conflict in Georgia was part of a plot by Vice President Dick Cheney to keep Obama from getting elected.
Only 6 illegal immigrants sign up for self-deportation.
Beer goggles actually work. Here is the science.
Man gets stuck after trying to get it on with a park bench. I wish I was making this one up.
Eboni Perri gets lifetime probation after she starved her child to death. But, this man gets two years in jail for killing a cat. Do we favor animals more than children? In Alabama, the ACLU is upset because a judge had his courtroom pray.
The Los Angeles City Council has lost their minds. They have ordered big box home improvement stores to build shelters for day laborers on their property. The shelter must have bathrooms, tables, chairs, and water to drink. What? So let me get this right; these people who break the law by loitering outside these stores have forced the Home Depot and Lowe’s to build them shelters. I love America.
The Associated Press is reporting that Chinese gymnast He Kexin is only 13 years old. The quote an article in the Chinese media dated Nov. 3 that lists He as one of the “Rising Stars” of China. The Chinese medals should be pulled.
A new poll says 85% of flyers want children and their parents to be put in their own section of the plane. We love children!
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