Florida Man Sentenced to 33 Years for Fatal DUI

GeorgiaLeeLang032Kenneth Jenkins, age 33, of Florida just received the stiffest sentence possible for driving drunk in 2008, a drive that ended with the death of three persons. His response? He blames his lawyers.

Jenkins was driving his car on I-95 freeway when he collided head on with a Mercedes carrying Boris Rappaport, age 54, Rappaport’s mother, Renee, age 78, Renee’s boyfriend, Robert Rutman, age 83, and Angelina Pagliuca, age 58. Ms. Pagliuca survived the crash.

His blood alcohol reading was .182, more than twice Florida’s legal limit. Despite evidence that he was the wrong-way driver, his lawyers attempted to prove that it was the Mercedes that was in the wrong. During the sentencing hearing last week, Jenkins told the court that he wanted to accept the blame but his lawyers pursued that strategy and that he trusted his lawyers. He testified that he had no memory of the accident.

But Jenkins’ “nail in the coffin” was a video taken by a private investigator hired by one of the deceased’s relatives, handed over to the court, and viewed by the judge reviewing the sentence imposed at the urging of Jenkins’ new lawyers. The video was taken just before the sentencing hearing and showed Jenkins, out on bail, playing “beer pong” at a local bar. Judge Charles Burton said:

” engaging in a drinking game on the eve of sentencing is a slap in the face and an affront to the victims and their survivors and friends.”

Jenkins’ lawyers suggested to the Court that if it were not for his previous lawyers delaying the resolution of his case, he would not have had an opportunity to play beer pong and that by not pursuing an early guilty plea, they prejudiced Mr. Jenkins.

Judge Burton was not impressed with the suggestion that Jenkins had been let down by his previous counsel saying:

“the trial lawyers conducted themselves professionally and competently by investigating the case, especially in light of the fact that there were two witnesses who suggested that the victims were going in the wrong direction.”

Florida State sentencing guidelines call for a minimum of 32 years, 10 1/2 months in prison and a maximum life term.  Judge Richard Oftedal, the original sentencing judge, could have justified a sentence going below the minimum but declined.

The Florida Department of Corrections reports that inmates typically serve about 85% of their sentence before they are paroled.

Lawdiva aka Georgialee Lang

Child Custody Dispute and Abduction Precursor to Murder of Father and His Family

DSC00275_1A Mississauga family: father, mother and adult son, were systematically eliminated in what police say may be revenge and payback arising from a high conflict custody case, resulting in this week’s arrest of 34-year-old Melissa Merritt and her common-law spouse, Christopher Fattore, age 37.

This bizarre case is the ultimate tale of “truth being stranger than fiction”, but it began so happily when Melissa Merritt and Caleb Harrison met and began living together in 2000.

Two children followed in quick succession and they married in 2003. However, domestic violence marred their union and the couple split in 2005 after Caleb was convicted of assaulting Melissa.

A month after their separation Caleb drove drunk, killing a taxi driver and injuring four teenagers. He was sentenced to 18 months in prison and his mother, Bridget Harrison, took over the care of the children.

From there the battle lines were drawn… but the tragedies did not subside. In 2009 Melissa’s father-in-law, Bill Harrison, suddenly died at the home he shared with Bridget, his death attributed to a heart attack.

A month later Melissa abducted her two children, remaining at large for several months. Upon her return, she was convicted of criminal child abduction but served no jail time. Her access to the children, however, was now limited to every second week-end and specified holidays.

Almost a year after Bill Harrison’s death, one of the grandchildren found Grandma Bridget dead at the bottom of a staircase in her home. Suspicions were heightened with the second Harrison death in twelve months.

In the meantime, a fire destroyed the home Melissa shared with her common law spouse and their four children. The couple lost everything, but the custody battle still raged, and in 2013 Melissa filed a court application for joint custody.

A month later Caleb Harrison was also dead, and police began an investigation into the deaths of three family members in five years.

In January 2014 Melissa Merritt and her spouse, Chris Fattore, were charged with first degree murder in the deaths of her ex-husband, Caleb Harrison, and his mother, Bridget Harrison.

This week Melissa and Christopher were also charged with the murder of Bill Harrison and extradited from Nova Scotia to Brampton Ontario where they remain in custody.

All six of their children are now in care. It is unfathomable that one woman could destroy so many people’s lives…of course, she is innocent until proven guilty.

Lawdiva aka Georgialee Lang