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Bruce Lisker Will Not Be Retried: DA Drops Charges

September 21st, 2009 by Celeste Fremon

bruce-lisker-and-cameras

In a fascinating and welcome turnaround,
the LA District Attorney’s office has dropped charges against Bruce Lisker, the man who was recently released from prison after spending 24 years in prison due to what many believe was a wrongful conviction. Lisker is 44-years old.

When he was 17, Lisker was convicted of the beating and stabbing death of his mother, Dorka Lisker, whose body was discovered in a bloody scene at the Lisker’s Sherman Oaks home. Bruce Lisker was tried and convicted as an adult, and sentenced to life in prison in 1985.

Early last month, U.S. District Judge Virginia A. Phillips overturned Lisker’s conviction stating that Lisker was convicted on “false evidence” and that his attorney (who is now a court commissioner) did not adequately represent him.

But although Lisker was released, the DA’s office strongly hinted they would go ahead with a new trial.

Initial doubts about the case had come to light when an LAPD Internal Affairs sergeant named Jim Gavin responded to an ethics complaint about the main officer on the Lisker case, Det. Andrew Monsue. The more Gavin looked into things, the more he began to believe that what he was looking at was no simple misstatement by an officer, but a rush to judgment in a murder investigation that might have the wrong person in prison.

However, his bosses at IA, then headed by Michael Berkow, thought Gavin was overstepping his bounds and told him to cease and desist.

He mostly did so—but handed over some of what he’d found to Lisker’s lawyer.

Gavin also began talking to LA Times reporters Matt Lait and Scott Glover who wrote an excellent 2005 account of the murder investigation and subsequent conviction that raised a great many troubling questions about Lisker’s guilt.

Since that time, Jim Gavin, who essentially acted as a whistleblower, calling attention to what he believed might be a grave miscarriage of justice, appears to have been marginalized by some sectors of the LAPD, a department where he still serves.

As to why the DA decided not to proceed, DA spokesperson Sandi Gibbons, stated that, while “…we remain confident in Mr. Lisker’s original conviction of the second-degree murder of his mother, Dorka…” the prosecution was unable to go to trial due to the fact that much of the original physical evidence had been “destroyed” (not comforting to know, whatever one believes about the Lisker case) and some of the witnesses had died.

“Given these factors and policy considerations, we cannot proceed to trial. ”

In other words, Gibbons said when we talked, although the prosecutors’ view of the case has not changed, the state of the available admissible evidence assuredly has.

This is obviously great news for Bruce Lisker, and in the view of many, very good news for justice in general.


After his release, amid TV cameras Bruce Lisker thanks private investigator Paul Ingles, one of those who worked on his case: the above photo and other photos from that day by Robert Gauthier / Los Angeles Times

Posted in District Attorney, Presidential race, crime and punishment, criminal justice, psychology | 12 Comments »

1 in 7 American Teenagers Think They’ll Die Young

June 30th, 2009 by Celeste Fremon

istockphoto-american-teenagers

In a brand new study published in the July issue of Pediatrics,
University of Minnesota pediatrics expert, Dr. Iris Wagman Borowsky, found that almost 15 percent of American teens believe they will die before age 35.

Dr. Borowsky also found that the adolescents who were the least hopeful that they would survive past 35, were the most likely to engage in risky behavior.

Those of us who have worked around at-risk kids have long noted that a hopeless kid is the one who is most likely to act out in dangerous ways. But seeing quantified the sheer numbers of American teenagers who believe that they will die young cannot help but shock us.

Dr. Borowsky arrived at her conclusions after she and her team analyzed reams of data collected by the National Longitudinal Study of Adolescent Health, in which the attitudes and behaviors of 20,594 adolescents in 7th through 12th grade, were tracked over a three year period.

One of the reasons the study is important is that it topples a common fallacy that most kids engage in risk-taking behavior because of their naive belief that nothing bad will happen. The reality, Borowsky found, is actually quite the opposite—and far more complex.

“While conventional wisdom says that teens engage in risky behaviors because they feel invulnerable to harm [italics are mine], this study suggests that in some cases, teens take risks because they overestimate their vulnerability, specifically their risk of dying,” Borowsky said. “These youth may take risks because they feel hopeless and figure that not much is at stake.”

Nearly 25 percent of youth living in households that receive public assistance and more than 29 percent of American-Indian, 26 percent of African-American, 21 percent of Hispanic, and 15 percent of Asian youth reported believing they would die young—compared to just 10 percent of their Caucasian peers.

“Our findings reinforce the importance of instilling a sense of hope and optimism in youth,” Borowsky said. “Strong connections with parents, families, and schools, as well as positive media messages, are likely important factors in developing an optimistic outlook for young people.”

No kidding.

Borowsky noted specifically that the kids who believed they would die young were more prone to drug use or to acquire STDs.

Yet, this same model applies when we look at the likelihood of joining or staying in gangs.

In and around the gang world, the least hopeful kids are always the most deeply involved and the most dangerous—either to themselves or others.

“Hey, you gotta die sometime.…..” I’ve heard kids say right before they go do something life-theateningly stupid. These were the same kids who told me how they had already planned what they were going to wear to their own funerals.

It is for the above reasons that programs like “Scared Straight” and the ever more draconian juvenile laws that are aimed at getting young gang members or gang wannabes to “think twice”—are so entirely ineffective.

These strategies work wonderfully for the kids who don’t need them—the hopeful kids.

But if we want to help the kids who are the most at risk (and it seems according to Borokwsky and company, there are a great many of them) we need to find much more effective methods for infusing them with hope.

Posted in children and adolescents, juvenile justice, psychology | 12 Comments »