Why Are Sex Offenders Set Free?

Q&A with a Former Defense lawyer for Sex Criminals

Last week’s post on “Grave Danger” touched on the issue of lenient sentences for sex offenders — in that case, the 30 days a court gave Clayton Daniels in 2004 for raping his 7-year-old cousin.

Shannon Melendi

Fortunately, Clay won’t have a chance to turn into a repeat offender anytime soon, as he shortly afterward collected a 30-year jail term in connection with an insurance-fraud scheme.

Two times a predator. But what about those who do finish their prison terms and go on to commit other sex crimes? The “Ring Him Up High” episode of Forensic Files tells the story of Emory University student Shannon Melendi, 19, who was murdered by Delta Airlines mechanic Colvin “Butch” Hinton.

Hinton 33, had a previous conviction for sexually assaulting a 14-year-old girl. His first wife had walked in as the crime was in progress and testified that she saw the victim with her mouth taped and ankles and wrists bound.

A judge sentenced Hinton to four years. He got out after serving half that term and then moved to Atlanta, where he met Melendi at a softball game and abducted and killed her in 1994.

Whether you see it on Forensic Files or read about it online or in the newspaper, it does seem that all too frequently, when the authorities catch a sex criminal, it turns out he’s already served time for a similar offense.

View from front lines. Those are the moments when we all want to start ranting: “Why did they let this person back on the streets? Don’t you people (judges, parole boards, etc.) care who you’re unleashing on the law-abiding public? Do all of us villagers have to turn into pitchfork-wielding vigilantes to get justice?”

Colvin “Butch” Hinton is in Georgia’s Hays State Prison

The hope is always that the reason we hear about these repeat-offender cases in the media is that they’re infrequent enough to be newsworthy — in the way that, conversely, we rarely see media reports about motorists receiving parking tickets because it happens all the time.

To get some perspective, I talked to a lawyer who was assigned to defend violent sex predators for a New Jersey state government agency in the last decade.

The lawyer, who requested anonymity, felt that horror stories like that of Shannon Melendi are the rare exceptions rather than the rule. Below are excerpts from our conversation.

Why does the legal system put so many sex criminals back on the streets? Many states don’t. Nobody wants these people back out on the streets. In fact, sometimes they’re held in custody after their sentences are finished.

In the state where I worked, before a violent sex offender could be released at the end of his sentence, the law required that he be seen by a state-appointed mental health professional who assesses his probability of reoffending.

The ones the mental health professionals assess as low risk are released at the end of their sentences. Still, Megan’s Law affects where they can live. Their whereabouts are discoverable.

If they are assessed as still dangerous, in some states, they then are put into a special facility or unit for those at a high risk of reoffending. They don’t get out.

So even when their sentences are over, they can still be held in custody?
Yes. One guy couldn’t find a place to live because of Megan’s Law. So he was not let out.

Did you feel the process was fair to the sex offenders themselves?
Not entirely. 

When sex offenders are in prison, they see mental health professionals periodically. Then those same mental health professionals are the ones who offer an opinion to the court as to whether these people are no longer risks and can be let out of jail.

For you and me, of course, mental health professionals seeing us for therapy must keep all information confidential – the only thing they can reveal is a situation in which the patient is going to commit a crime, something that hasn’t happened yet.

But in the case of a sexually violent offender, a mental health professional can report to the court anything the offender says.

Also, for any other type of crime, even murder, you get out when you’ve served your sentence – no requirement to be assessed first. 

Many sex offenders were convicted before the law [requiring assessment before release] existed.

Did all that give you pause?
At first, it may seem unfair in some aspects, but then you meet some of the violent sexual predators and you start to come over to the state’s side. You interview people who are playing with themselves under the table.

I had one sex offender tell me that, where he’s from, men rape women — it’s just something they do

Did you meet any sex offenders you had sympathy for?
There was one guy in jail for 30 years who committed offenses when he was 17. We all did things as teenagers we would never do now.

Also some offenders would refuse to meet with the mental health professionals to be assessed. They’d say, “Why bother? They’ll just keep me in.”

The common wisdom is that sex offenders reoffend more often than other criminals, but that’s never been proven.

Do you feel Megan’s Law has made kids safer?
No. Megan’s law can provide a false sense of security because you can find out if a predator lives near you, but you don’t know about the ones who haven’t been caught yet or even acted yet. You have to watch your children — that’s the bottom line. It’s a dangerous world.

Note: An undated story on Florida news website Keynews.com reported that Hinton was (at least once) denied parole.

The Bruce Brothers 2: Deadly Details

A Book by Danny Vine’s Parents
(“Shell Game,” Forensic Files)

In last Wednesday’s post, Steve Parker shared his experiences prosecuting Gary, Jerry Lee, and Robert Bruce for murdering Danny Vine and Della Thornton as part of a 1991 robbery plan. Parker offered compelling information that Forensic Files couldn’t fit into its 30-minute “Shell Game” episode.

This week, I’d like to offer some additional facts from The Day Hell Knocked on Our Door (Vine/Branch Ministries, 2003), written by Pastor Larry and Carol Vine, the parents of Danny Vine.

Carol Vine during her appearance on Forensic Files
Carol Vine during her appearance on Forensic Files in 2007

With Larry Vine as the narrator, the book tells the couple’s story starting from the time they became spiritual leaders at the First Assembly of God Church in Camden, Tennessee, where 12 people showed up for their first service in 1982.

It continues to the winter of 1991, when an acquaintance of their son’s called to express concern about Danny’s whereabouts because his house had burned down the previous night, then to the day DNA tests confirmed that the bones in the incinerated home belonged to Danny — the eldest of the Vines’ four children — and Della, his fiancée, the investigation by the FBI, TBI, and ATF, the trials that followed, and the 1995 and 1996 convictions of the Bruce brothers.

Since last week’s post gives a narrative of the crime, I’m simply going to enumerate some points of interest about the double homicide and its aftermath culled from the The Day Hell Knocked on Our Door.

Della Thornton and Danny Vine lived separately but both died in the house he rented
Della Thornton and Danny Vine lived separately, but both died in the house he rented

Intimidation and threats
• The Vines received numerous calls from people who knew something about the murders — but when TBI investigator Alvin Daniel contacted them, they didn’t cooperate for fear of repercussions from the Bruces.
• Some Benton County, Tennessee, residents believed the Bruces “ran the county” and had “no fear of the law.”
• After Jerry Lee Bruce’s arrest on traffic offenses, he threatened the lives of a deputy and his wife and son. He got four years for that.
• Sheila Bradford, the girlfriend of J.C. Bruce — one of the killers’ brothers — disappeared forever after she met (secretly, she thought) with Sheriff Billy Wyatt and Daniel in 1992.
• Members of the Bruce family followed Larry Vine “bumper to bumper” in cars.
• Ralph Sentell, owner of Eva Road Grocery — where the Bruces bought fuel to burn down Danny Vine’s house — testified that after the murders Gary Bruce and another man began loitering inside the store, not buying anything.
• The court house received a bomb threat and had to close temporarily and postpone Gary Bruce’s hearing.

The Bruce brothers after their arrest for the murders
The Bruce brothers after their arrests for murder

The Investigation
• A $40,000 reward — a fortune for many of Camden’s residents, according Larry Vine — offered for helping bring the killers to justice didn’t work because residents feared the Bruces so much.
• Gary Bruce escaped from the McNairy County jail in 1994 and remained at large for a year. America’s Most Wanted broadcast a segment about him. He was so good at changing his appearance that the authorities had to use handwriting samples to confirm his identity after his capture in Hermitage, Tennessee. A separate trial was held for Gary.
• Sheriff Billy Wyatt died of natural causes before the trials as did TBI investigator Alvin Daniel.
• Investigator Jerry Dickey used a chocolate Labrador retriever named Allie from the Tennessee Bureau of Commerce and Insurance canine unit to help identify the pattern of accelerant at the crime scene.

Kathleen Bruce lied about her sons whereabouts on the night of the murders
Kathleen Bruce lied about her sons’ whereabouts on the night of the murders

The Trials
• Court proceedings began in 1995.
• Fortunately, this was no OJ trial — it lasted less than a month.
• One witness, a mussel digger, was so scared he checked out of his government-paid hotel room and fled to Kentucky.
• Kathleen Bruce fell asleep more than once at the trial.
• It took the jury 6 hours and 40 minutes to decide Robert and Jerry Lee Bruce were guilty of all charges. Kathleen Bruce was convicted on some, not all, charges.
• Jerry Lee and Robert Bruce received two life sentences plus 10 years. Kathleen got eight years.
• At his trial, Gary Bruce testified he had nothing to do with the murders and that he thought his brothers Jerry and Robert were involved.
• Gary Bruce’s jury deliberated for two hours before returning with a guilty verdict.
• Like his brothers, Gary got life in jail.

Aftermath

J.C. Bruce
J.C. Bruce had been convicted of rape and attempted murder in 1974 but was pardoned and released early

• The community “breathed a collective sigh of relief” once the brothers were in custody, according to Larry Vine’s book.
• After Gary Bruce’s capture, Nell Thornton, mother of murder victim Della Thornton, said she was “wild with happiness.” Carol Vine described herself as so happy she was “floating.”
• Persons unknown stole the $500 portrait of Danny Vine and Della Thornton from their gravesite. It was recovered, undamaged, at a grocery store.
• Della Thornton’s father, Mac Thornton, died the day Gary Bruce received his guilty verdict.


Next: A look at Molly and Clay Daniel’s insurance fraud debacle (“Grave Danger,” Forensic Files) that disgusted and amused folks from the U.S. to the UK

The Bruce Brothers: Terror in Tennessee


Q&A with Former U.S. Prosecutor Steve Parker
(“Shell Game,” Forensic Files)

“Shell Game” told the story of the murders of Danny Vine, 27, and Della Thornton, 29, who were shot to death by three brothers from the Bruce family — all for a truckload of mussel shells worth $2,500.

 As a professional mussel diver, Gary Bruce knew Vine, who was a legitimate buyer and seller of the shells, the source of mother-of-pearl.

Thornton, a forklift operator, was Vine’s fiancée and together they had a Rottweiler puppy that also met its end at the hands of the Bruces and another man, William David Riales, on January 16, 1991, near Camden, Tennessee.

Crime family. Kathleen Bruce lied to police about her sons’ whereabouts on the night that they robbed Vine of his shells and committed the murders. She received eight years in jail for providing a false alibi, and the boys all got life in jail without parole.

This particular Forensic Files episode fascinated me for a number of reasons.                          

First, of course, was the reality that such horrifying cruelty could take place over a sum of money that would barely pay for a used Ford Focus.

Second, “Shell Game” provided some interesting backstory to the way mussel shells are procured. I’ll never look at all those Pier 1 mother-of-pearl-inlaid picture frames the same way again.

Menaces to society. Most compelling of all was something federal prosecutor Steve Parker said toward the end of the episode: “A lot of people were very happy [that the Bruce brothers were convicted]. It lowered the crime rate significantly in Benton County and the area.”

Attorney Steve Parker
Attorney Steve Parker

Fortunately, most of us have never lived in a town terrorized by felons like Gary, Jerry Lee, and Robert Bruce (plus a fourth brother, J.C., who did other horrible things on his own, although it wasn’t clear from the show what, if any, role he played in the Vine-Thornton murders).

But I’ve had jobs in a number of offices where the departure of one particular ogre or B-on-wheels washed away stress and conflict among the remaining co-workers.

I’m curious to hear tales from someone who lived in Benton County before and after the Bruces’ incarceration — and whether the residents ultimately felt like crocuses that could finally break through the March snow and feel the sun after a U.S. version of the Seven Samurai gave them their freedom. (Okay, maybe that’s overdramatic, but it is my blog.)

The aforementioned federal prosecutor, Steve Parker, answered some of my questions about the case in an April 20 phone interview. Parker now works in the private sector, as a lawyer doing corporate work for the firm Butler Snow in Memphis. But he still remembers vividly the aftermath of the Vine and Thornton murders. Below are some excerpts from our conversation:

Were you surprised that someone would murder two people over $2,500 worth of mussel shells?
I was a police officer earlier in my career — that’s how I put myself through law school — and then a federal prosecutor for 30 years. So, no, I wasn’t surprised.

The show mentioned that the Bruces used witness intimidation in their earlier crimes and, in one instance, blew up a building near the site where a witness was being interviewed. Did you know of any other such attempts by the Bruces?
Robert asked one of his ex-girlfriends to provide an alibi, and Mrs. Bruce began following the woman around to intimidate her. Some neighbors saw this and reported it to the police.

There was a TBI agent named Alvin Daniels, and he was out there working at the crime scene just after he got a cancer diagnosis and wanted to finish this case before he died. The Bruces would cruise around Daniels’ house to try to intimidate him.

Members of the Bruce family got in their trucks and followed Reverend Vine [Danny Vine’s father] to intimidate him.

 The Bruces thought they were invincible. And that made it easier to prosecute their case because they weren’t very smart about covering their tracks. They were very impulsive.

We had an eyewitness who saw them at the gas station. [The Bruces bought 10 gallons of gasoline to use as an accelerant and then burned down Vine’s house after killing him and Thornton.] We also had someone who was there the night they planned the murder and tried to recruit others to participate. They had a huge argument outside with someone who refused, and we found neighbors who heard the fight.

Della Thornton and Danny Vine
Della Thornton and Danny Vine

How did law enforcement contend with witness intimidation?
Normally, murder is a state crime, not federal, and normally we don’t have jurisdiction. But we accused them of robbery affecting interstate business. The shells travel and sometimes even go to Japan.

We took the case federal, so we had a federal grand jury about 90 miles away from Camden, so witnesses didn’t feel intimidated.

 We had a good team of the FBI, Tennessee Bureau of Investigation, and ATF. The ATF did the arson investigation.

The Bruce brothers and their mother were held without bail before the trial. We were able to prosecute J.C. Bruce early, so that let everyone in the county know they weren’t invincible.

Is the mother still in jail? And where was their father during all this?
She was released and passed away. There were no dads in the picture. I referred to the Bruces as Ma Barker and her boys during the closing argument at the trial.

What reaction did you get to the conviction?
Our phone started ringing. The sheriff’s office and other local law enforcement were very appreciative. We took out a whole crime wave.

Do you miss the drama from your days as a federal investigator?
Yes, as a fed you get to both investigate and try cases, which is compelling.

Did you feel Forensic Files was fair in the way the show portrayed the story?
Yes, very fair. It was a year-long investigation before we charged the Bruce brothers, and it was hard to get that all into 30 minutes. I was very happy with the way Forensic Files presented the case. 

Watch the Forensic Files episode on YouTube

Murder for Life Insurance on Forensic Files

“Why Are You Greasing the Stairs, Honey?”
Insurance expert Steven Weisbart provides some answers

At the moment toward the middle of a Forensic Files episode when Peter Thomas mentions the life insurance policy the suspected spouse took out on the deceased, I wonder…

Can your husband or wife just a) take out a policy on you without your knowledge or permission and then b) collect a six- or seven-figure jackpot after “accidentally” dropping a powered-on hair dryer into your bathwater?

The answers, according to Steven Weisbart, chief economist at the Insurance Information Institute in New York, are a) yes and b) yes, but it’s highly improbable.

Steven Weisbart, Ph.D
Steven Weisbart, Ph.D

Family affair. Your spouse doesn’t have to inform you about the policy, but “the law in every U.S. state says that the person taking out the life insurance policy must demonstrate an ‘insurable interest’ in the other person,” says Weisbart. “It means the person would suffer either a financial or personal loss if the other person dies.”

The insurable-interest conduit applies only to your spouse or other members of your immediate nuclear family, says Weisbart. So, that should prevent a greedy second cousin or double-crossing best friend from stealthily taking out a policy on you, injecting you with horse tranquilizer, and heading to Cabo San Lucas.

If your spouse — or parent or child — dreams up a similar plan, a policy’s high death-benefit may serve as a safeguard in the system. “If someone is applying for a $10 million policy on your life, the insurance company will want to know how healthy you are first,” Weisbart says. “So you’ll be aware of a policy because the insurance company will want to arrange a physical exam.”

Frankie Pullian
Frankie Pullian

Not so fast. Of course, a really elaborate murder-for-insurance-money scheme could mean finding an imposter to take the exam, as crooked undertaker E. Lee White did in his killing of handyman Frankie Pullian for a $980,000 payout back in 1980.

Even if your ill-intentioned spouse successfully takes that tack, however, your manner of death could trigger a police investigation and subsequent denial of an insurance payout.

Craig Rabinowitz, for example, tried to collect $1.5 million in insurance money after drowning his wife, Stefanie Rabinowitz, in a bathtub in 1997, but the coroner denied his request to have her buried by the next sundown — and uncovered enough evidence to compel Rabinowitz to confess to the crime.

Likewise, E. Lee White was caught because of suspicious circumstances surrounding Frankie Pullian’s death.

Stefanie Rabinowitz
Stefanie Rabinowitz

Killing for a pittance. So, what happens to all that insurance money once law enforcement has uncovered the wrongdoing? I always assumed companies alerted authorities to suspicious deaths in the hopes of avoiding payouts.

That’s not necessarily true, according to Weisbart. “The company could give the money to a court and let it decide who gets it,” he says. “It could end up going to your estate or to a different relative.”

Now, as at least one Forensic Files episode has pointed out, and Weisbart confirmed, if your spouse takes out a small enough policy, the insurance company will most likely pay off without any investigation. But that plan doesn’t always work. Vicki Gillette was murdered by her husband for just $27,000 in 1984, but he remarried 11 days later — raising suspicions and ultimately landing him in jail.

Vici Gillette
Vicki Gillette

The takeaway? Marry and befriend people who watch Forensic Files — they will know better than to chase riches via an insurance policy and a homicide. — RR


Next: Former federal prosecutor Steve Parker discusses the Bruce brothers’ murder of Danny Vine and Della Thornton

Opening Statement

Welcome to a new blog devoted to true-crime entertainment — starting with my favorite TV series, Forensic Files.

Since it began in 1996, Forensic Files has rendered me helpless to hit the off button, even during four-hour marathons of episodes I’ve already seen three times.

But why? I have only a marginal interest in the likes of mitochondrial DNA and medium-velocity blood splatter — the scientific content that is the reason for the show’s existence.

The first reason I like the show is structure. The writers and editors tell the story in a compact way in 30 minutes, without the pre-commercial teasers and other repetition that network true-crime shows use to pad themselves into an hour or two.

Next, it fascinates me that people who look and act like PTA moms and dads — the kind of folks who would feel guilty about grabbing the last cupcake in the office break-room — can dial down their consciences enough to murder their spouses and make their own children half-orphans.

I guess the series’ No. 1 attraction is the biographical element of the stories. The late narrator Peter Thomas told the show’s tales compassionately yet without exploiting the victims or manipulating viewers’ emotions.

But what about what happens after the closing music? The sentence-long epilogues that the producers have started adding to the closing credits are great — but I want more. I need more.

What happened to Pearl Cruz, the 15-year-old whose father used her as an accomplice to murder a beloved teacher (“Transaction Failed”)? How is Deborah Pignataro — who survived her husband’s attempt to kill her via massive doses of arsenic (“Bad Medicine”) — getting along today?

And I have a few legal questions, too. How did Ron Gillette, who murdered his wife by pressing her face into a plastic bag (“Strong Impressions”), get out of jail after only 15 years? Why did Clay Daniels — before he made headlines by plotting with his wife, Molly Daniels, to fake his own death (“Grave Danger”) — receive a sentence of only 30 days for molesting his 7-year-old cousin?

With this blog, I hope to answer those types of questions and invite queries and perspective from other fans of Forensic Files and, in time, explore true-crime movies and books as well. Please come along with me for our own investigation.RR


The first True Crime Truant post: Q&A with former JAG attorney Mark F. Renner, who defended Ron Gillette

Ron Gillette: An Air Force Man Who Didn’t Exactly Aim High

Q&A with defense lawyer Mark F. Renner
(Forensic Files “Strong Impressions”)

Ron Gillette tried to kill his wife with sleeping pills dissolved in an alcoholic drink and, when that failed, he suffocated her by pressing her face onto a plastic bag on August 28, 1984.

Juana “Vicki” Gillette had two small children

To make it look as though Juana “Vicki” Gillette died when she accidentally rolled onto a laundry bag in her sleep, he put some clothing in the bag and placed his sleeping 3-year-old son in bed with Ms. Gillette’s body.

He did it for $27,000 in insurance money – used to finance a wedding to his girlfriend 11 days after the death of Ms. Gillette at age 26. Although the show never touched on other motives, it’s safe to assume he wanted to avoid the child support payments a divorce would bring.

I imagine that anyone who’s seen the Forensic Files episode “Strong Impressions” would be happy to let loose all manner of name-calling and cursing to Hades in the general direction of the former Las Vegas, Nevada, Air Force mechanic.

Mark F. Renner during his appearance on "Forensic Files"
Former defense attorney Mark F. Renner during his appearance on “Forensic Files” in 2005

But we already know Ron Gillette’s actions were awful. To offer insight into some of the related issues — like how an individual convicted of murder managed to exit prison for good behavior after just 15 years — I turned to Mark F. Renner, who was tasked with defending the ex-military man in 1985. A former JAG attorney who left the military and is now a magistrate of Marion Superior Court in Indianapolis, Renner agreed to answer a few questions:

Were you surprised Gillette got out of prison so soon?
Yes. I got a Christmas card from him and the return address wasn’t Leavenworth, and that’s how I found out.

I thought he would have to serve at least another five years before being considered for parole.

How did this happen? The show said he got life in prison without the possibility of parole. According to the ACLU website, no one sentenced to life without parole has ever been paroled.
When he was sentenced, it was simply life, not life without parole. Then the Uniform Code of Military Justice — the bible of discipline for all military branches, not just the Air Force — changed some of the rules, which ultimately applied positively to Ron’s case.

Ronald Gillette
Ron Gillette resumed life with his second wife once he left prison

As one of his defense lawyers, did you really believe he was innocent?
I never thought he was innocent. No lawyer approaches a defense having to believe someone’s innocent. What you’re doing is compelling the government to establish its case beyond a reasonable doubt. The death penalty was on the table, so our real focus was defending him from that.

What about the brutal assault that injured Vicki Gillette’s legs? (Ron Gillette admitted that, 18 months before her death, he had broken both her kneecaps in a fit of anger.) At least one web commenter felt he deserved 15 years for that crime alone.
He was never charged with anything in respect to the battery. He was charged with murder and faced a possible death penalty.

Did it surprise you when Gillette married another woman 11 days after Vicki Gillette died?
Yes, and it’s unlikely the government would have ever investigated the case as a murder if he had not remarried and brought his new wife back to George Air Force Base. The original cause of death was linked to possible alcohol and accidental drug intake. At first, they had not determined the suffocation and homicide.

I’m a big fan of Forensic Files. Did working on the episode about Vicki Gillette’s murder leave you with a favorable impression of the way Forensic Files creates its stories?
I found the part I had very appropriate, and I thought their efforts to be thorough were great. They wanted facts and information, and I appreciated that they didn’t try to dramatize or minimize anything.


Watch the Forensic Files episode on YouTube

Next: Steven Weisbart of the Insurance Information Institute explains why it’s not so easy to profit by a murder plan

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