Blog aids justice

I don't know if this is a first or not, but according to the Philadelphia Inquirer, a local blog is being used to solve a hit and run case:

For almost a month, dozens of people protested outside the East Falls home of Susanna Goihman, a restaurateur and owner of the 2002 white Lexus that police say struck and killed 15-year-old Kayla Peter on June 19.

Angry that Goihman was not willing to make a statement to police, the group called for cars to sound their horns and for people to shout so Goihman would know of their displeasure. They called their mission "Honk for Kayla."

That vigil ended Aug. 4, when it was learned a Philadelphia grand jury was examining the accident.

Now the group is going after Goihman's Queen Village restaurant, Azafran. Their goal, they say, is "the end of Azafran," which may be only weeks away if a sign posted in the restaurant's window last week is reliable.

"I want every piece of this woman's life interrupted," said protest organizer Donna Persico, a mother of four from Andorra. "We are in Philadelphia and we're going to do it our way."

Every night since Tuesday, a few people have stood on the sidewalk near Azafran's front door on South Third Street near South Street. There's no shouting and little honking this time. They let their flyers and signs - like the one that shows Peter's face and the words "This restaurant owner's car killed me" - speak for them.

On Friday, Persico said, an employee posted a handwritten sign in the restaurant's front window that was addressed "To the family and friends of Kayla Peter" and signed "The Service and Kitchen Staff of Azafran." Persico took a photo of the missive, which can be seen on http://kaylapeter.blogspot.com/.

The posting said the business had been sold and would close Aug. 28. It asked the protesters to reconsider their nightly vigil.

It's interesting, and I share the grief of the victim's family. The legal problem, of course, is that no one has been charged with the crime yet. Even though the car was implicated, the owner isn't talking.

It looks mighty suspicious, and I wouldn't be surprised if the blog -- by building pressure and facilitating communication between activists who support the victim's family -- contributes to solving the crime.

There's been some discussion about whether the demonstrations will (by decreasing customer revenue) hurt the people working in the restaurant, but I don't see that as a reason not to do it. The owner of the car is the same as the owner of the restaurant, and if it is determined that she committed the crime, then the restaurant would probably be sold anyway. The employees will either stay or go, and there is such a thing as unemployment insurance. Also, the restaurant is now for sale, and if the demonstrations interfere with the sale, such a disruption in the status quo might cause the owner to cooperate. The goal is to get her to cooperate with the investigation.

I notice there's now a grand jury investigation, and the car owner is expected to be subpoenaed. If she's covering up for someone else, she'll be forced to talk. If instead she invokes her Fifth Amendment rights, the police will work to build a case against her.

The fact that a blog has been started will probably keep up the focus on the District Attorney to see this through, and to ensure justice is done.


UPDATE (08/18/05): According to today's Philadelphia Inquirer, restaurant (and car) owner Susanna Goihman is not only selling the restaurant, she's now in Florida:

The restaurant, Azafran, is being sold to former Le Bec-Fin executive chef Daniel Stern, who signed an agreement of sale on April 1 - 21/2 months before the death of Peter, who was crossing Ridge Avenue in East Falls when she was struck and killed. The restaurant, on South Third Street near South Street, and Goihman's home in East Falls have been the scenes of vigils - silent and noisy - for more than a month.

Terms of the sale were not disclosed, but Stern, 34, said he planned to renovate the space and open an upscale American restaurant there by the end of the year. Stern yesterday would not disclose the new name.

The June 19 accident apparently had no bearing on the sale. In February, Goihman decided she wanted to move back to Florida and contracted with a business broker, Ron Feldman of Siegel Financial Group, to find a buyer for the 40-seat restaurant.

In a telephone interview yesterday, Goihman, 42, said she was staying near her parents, who live near Miami, and did not know if she would attend the Aug. 31 settlement.

"I'm not in a good place," she said. "I'm under a lot of stress due to the circumstances and had to get away."

Police say Goihman's 2002 white Lexus was responsible for the hit-and-run death of Peter, who would have been a junior at John W. Hallahan Catholic High School. Peter had just stepped off a bus and was crossing the street to her home when she was struck.

This makes any case against her more difficult, because if the Grand Jury wants to question her, she'd have to be designated as a "material witness" -- which (according to the Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings) would seem to mean hearings in Florida:
All fifty states have adopted the Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings,(208) which enables their courts to obtain live testimony of out-of-state witnesses in criminal cases.(209) This statute permits a court of record to certify under seal that a criminal prosecution is pending in the court or that a grand jury investigation has commenced or is about to commence,(210) and that a person outside the state is a material witness whose presence is required for a specified number of days.(211) The trial state court presents the certificate to any judge of the court of record in the county in the state where the witness is found.(212)

Upon receipt of the certificate, the judge in the witness's home state sets a time and place for a hearing, and orders the prospective witness to attend. If, after the hearing, the home state judge concludes that the witness is material, necessary, will not suffer undue hardship if required to attend and testify in the criminal proceeding in the trial state,(213) and will be protected by the trial state from arrest and service of process,(214) the home state judge may issue a subpoena directing the witness to attend and testify in the trial state.(215) The statute requires the trial state to pay the witness's travel expenses and a daily attendance fee.(216) If the witness fails to honor the subpoena, the home state court may impose punishment.(217) If after entering the trial state, the witness fails to attend and testify as directed by the home state subpoena, the trial state may impose punishment.(218)

The Uniform Act to Secure Attendance is of great relevance for several reasons. First, in adopting the statute, the states have proceeded on the assumption that they lack the authority to compel unilaterally the appearance of a necessary out-of-state witness; they must turn to other states for aid.(219) Thus, even the states' boldest efforts belie their timidity in exercising subpoena power. Second, notwithstanding their assumption that they cannot assert extraterritorial subpoena power, the state legislatures and courts have been willing, in the criminal context at least, to require witnesses to travel thousands of miles to testify in another state. Hence, concern for the inconvenience of non-party witnesses cannot be the sole impediment to assertions of extraterritorial subpoena power.(220) Third, several state courts and the United States Supreme Court have upheld the Uniform Act to Secure Attendance in the face of state and federal constitutional challenges.(221) Thus, as the following section of this Article will demonstrate, the argument that the Constitution prohibits the states from requiring a witness in one state to appear and to testify in another state must be rejected.(222)

This means more legwork, and (in my view) it decreases the odds of a Grand Jury indictment. At this point, while I haven't researched any of the statutes (and I do not offer legal advice), I don't see anything to stop the owner of the car from leaving the country.

UPDATE (08/19/05): An arrest warrant is being prepared against Susanna Goihman:

PHILADELPHIA -- An arrest warrant is being prepared for an East Falls chef and restaurant owner at the center of an investigation into a deadly hit-and-run.

Charges against Susanna Goihman could be approved by the Philadelphia district attorney as early as Friday morning, related to the death of 15-year-old Kayla Peter.

A grand jury was recently meeting about the case, but the charges in the warrant are unknown.

Goihman is believed to be currently visiting South Florida.

Goihman is the owner of a car that police said hit and killed Peter as she got off a SEPTA bus.

The accident occurred June 19 as the teenager was crossing a street near her home.

Goihman's battered car was found in her driveway not far from the deadly accident earlier this summer, but police have not been able to say for sure who was behind the wheel.

Police said Goihman has not cooperated with the investigation.

(HT Mrs. P.) I think the public attention that's been brought to bear in this case has to have been a factor.

However, the Philadelphia Inquirer's website notes that the DA's office says no charges were filed as of last night:

Authorities are preparing an arrest warrant for restaurateur Susanna Goihman, charging her in the June 19 hit-and-run death of 16-year-old Kayla Peter.

The warrant could be ready to be served today, a law-enforcement source said last night.

"I hope it's true," said Kayla's stepdad, Jimmy Rosciolo.

Cathie Abookire, spokeswoman for the district attorney, said no charges had been filed with her office as of last night.

It was not clear what the charges would be.

"The D.A.'s priority is justice for Kayla Peter," Abookire said. "And we are involved in an extensive investigation."

Police had determined that Kayla was killed by Goihman's 2002 white Lexus coupe two months ago today.

The John W. Hallahan High School student had gotten off a SEPTA bus and was crossing Ridge Avenue in East Falls just before midnight to go to her nearby home when she was struck. She had just completed her sophomore year.

The Lexus was seized from the driveway of Goihman's home three days after the accident.

The case was turned over to a Philadelphia grand jury earlier this month.

Law-enforcement sources said the case had been slowed by their efforts to determine whether Goihman, who had a previous DUI arrest, had been drinking the night of Peter's death. A conviction for leaving the scene of an accident while under the influence carries a heavier penalty than the same charge without the DUI. The grand jury was called in part to force bar workers to answer questions, sources said.

Goihman, 42, owner of the restaurant, Azafran, on 3rd Street near South, in Queen Village, has reportedly gone to the Miami area, where her parents live. The Venezuela native has infuriated friends of the dead girl's family by refusing to talk with police.

The matter takes on additional urgency in light of this Inquirer report that Goihman might flee the country from Florida:
The law-enforcement official said it was a concern that the East Falls resident might try and flee the country from there, possibly to her native Venezuela.

Brian McMonagle, Goihman's lawyer, also could not be reached for comment.

UPDATE (08/20/05): As of today, the warrant still has not been issued:

No warrant was issued yesterday for the arrest of the woman whose Lexus killed a teenager in June, but a spokeswoman for District Attorney Lynne M. Abraham called the case "a very aggressive investigation."

"The D.A.'s priority is to get justice for Kayla Peter," spokeswoman Cathie Abookire said yesterday. "Sometimes, people wonder why it takes so long: The point is the D.A. is committed to a very aggressive, thorough and solid investigation. We want to build a strong case, and it's very important that we have a strong case."

The Inquirer reported yesterday that a law enforcement official, speaking on condition of anonymity, said Homicide Unit detectives were preparing a warrant to be approved by the District Attorney's Office.

Abookire declined to comment yesterday on when a warrant might be approved.

Susanna Goihman, owner of the Queen Village restaurant Azafran, has been the focus of that investigation and a grand-jury inquiry after police determined that her white 2002 Lexus was responsible for the hit-and-run death of Peter.

Goihman, 40, of the 3600 block of Henry Avenue, has recently been staying near her parents in South Florida.

Court records from a January DUI arrest indicate that she is a native of Venezuela and that she has lived in Philadelphia for about eight years.

Abookire declined to comment on whether Goihman is considered a flight risk.

UPDATE (08/23/05): The warrant was issued and Susanna Goihman has turned herself in:

Susanna Goihman, a Philadelphia restaurant owner whose white 2002 Lexus struck and killed 15-year-old Kayla Peter in a hit-and-run accident on June 19, turned herself in to police today after a warrant was issued for her arrest.

Goihman, 42, of East Falls, had refused to speak with police for two months after her car was identified as the vehicle that struck Peter in the 4800 block of Ridge Avenue. Peter had stepped off a bus on Ridge Avenue and was crossing the street to her home in the same block when she was hit by Goihman's Lexus which left the scene.

Goihman, a native of Venezuela, had been the target of protests by family and friends of Peter, who would have been a junior at John W. Hallahan Catholic High School for Girls this fall, at her home on Henry Avenue and at Azafran, a restaurant she owned in Queen Village. Goihman recently sold the restaurant.

Goihmann, grim faced and flanked by attornies Brian J. McMonagle and Louis A. Bove, passed through a crowd of reporters without comment and surrendered to a Homicide unit detective at 11:08 a.m.at Police Headquarters.

McMonagle said at an impromptu press conference outside the building minutes later that he was "advised" this morning that a warrant had been obtained for her. "I brought her to Philadelphia within hours of knowing that her arrest was imminent and we wanted to surrender today to authorities to let the system begin its work," said McMonagle. "It's a very difficult day for her and her family and despite this her thoughts and her prayers are obviously with this child's family."

McMonagle said Goihman would be charged with leaving the scene of an accident in which there was a fatality. He said he had turned over Goihman's passport to authorities "so there can be no confusion about her thoughts and intentions."

It's too early to say the case is closed, but it's getting closer.

posted by Eric on 08.15.05 at 02:12 PM





TrackBack

TrackBack URL for this entry:
http://classicalvalues.com/cgi-bin/pings.cgi/2666






Comments

Also, the restaurant is now for sale, and if the demonstrations interfere with the sale, such a disruption in the status quo might cause the owner to cooperate.

How, exactly? Are the demonstrators disciplined enough to turn the pressure on or off according to the defendant's actions?

I notice there's now a grand jury investigation, and the car owner is expected to be subpoenaed. If she's covering up for someone else, she'll be forced to talk. If instead she invokes her Fifth Amendment rights, the police will work to build a case against her.

Great! But if the law is clearly working, why do we need the demonstrations? Isn't our court system supposed to take the place of mob justice? And if she's found not guilty in a proper trial, what will the demonstrators do then? Compensate the owner(s) for the losses they caused an innocent person before she was tried?

Be careful how you support such protests; mobs can be very coercive, and not very attentive to the finer points of con-law.

Raging Bee   ·  August 15, 2005 02:58 PM

I don't support mob justice, but I don't see that happening here. Yet. If it does, I'd try to be the first to criticize it.

I think this is the kind of case which but for the public pressure might otherwise tend to be neglected by the police, because it requires a lot more legwork and investigation than the ordinary hit and run where the car owner confesses. I remember another local case where some sicko tortured an animal to death, and he would have walked had there not been public outpouring of anger. That's not the same thing as vigilante justice.

The blog started was because of delays in bringing charges:

http://www.zwire.com/site/news.cfm?newsid=14936451&BRD=1680&PAG=461&dept_id=40301&rfi=6

http://www.nbc10.com/news/4814402/detail.html

http://www.philly.com/mld/philly/news/12306542.htm

I think the concerns about delays and foot dragging are legitimate, and I don't see anything wrong with applying pressure on the DA. Unfortunately, sometimes that's the only way to get things done.

Eric Scheie   ·  August 15, 2005 03:43 PM

Hi I am Donna Persico of "Justice For Kayla." Please understand, we, the angry mob consists of 4 people with signs reading "The owner of AZAFRAN's car killed me"...with a large photo of Kayla. Please visit, and participate in the BLOG

Kaylapeter.blogspot.com Thank you.

Donna   ·  August 17, 2005 12:04 AM

Thanks for visiting, Donna. And good luck in your quest to obtain justice. I know how frustrating these things can be because of the bureaucracy. Patience and determination are paramount.

Eric Scheie   ·  August 18, 2005 07:53 AM

Today, August 18 Channel 10 here in Philadelphia broke the news that an arrest warrent is being issued against Sussana Goihman in the hit and run death of Kayla.

Donna   ·  August 19, 2005 12:23 AM

If the warrant was being prepared on the 18th, according to challel 10, how long does it typically take to present the paper work to the DA, have a Judge approve it and have the warrant served? I hope "G isn't being given time to flee?????????

Donna   ·  August 21, 2005 08:20 AM

I don't practice criminal law and I am not licensed in PA, so I speak only as a citizen. Once the warrant is issued, and entered in the computer, Pennsylvania would have to request extradition (aka rendition) from Florida. If the defendant waives extradition, this speeds up the process. If not, the likelihood of prevailing against the charges in PA can be argued, and the case further delayed. If the defendant attempts to avoid prosecution by fleeing from one state to another or internationally a federal Unlawful Flight to Avoid Prosecution (UFAP) warrant can be issued.

More here:

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/69mcrm.htm#9-69.010

These things are tough to predict, and it shows the importance of a solid case.

No one would ever admit to giving a defendant time to flee. But the fact is, this potential defendant (remember, she's not a defendant yet) has already had time to flee, and hasn't.

What might be going on (and the reasons for it) is open to anybody's speculation.

My natural curiosity leads me to wonder about the contract the defendant allegedly signed in April, for settlement this week....

If the deal was struck in April, why didn't landlord Ilan Zaken know until August?

(From the August 17, 2005 Philadelphia Daily News)

http://www.philly.com/mld/dailynews/news/local/12401978.htm

Susanna Goihman, the restaurateur whose white Lexus coupe killed teenager Kayla Peter earlier this summer, is in talks to sell her once-thriving South Street BYOB, says Goihman's restaurant landlord.

Ilan Zaken said he received an e-mail two weeks ago from Goihman, 43, saying she was talking with a potential buyer.

In the e-mail, she said "she needs to deal with the situation," Zaken said.

Goihman asked for his approval to sell Azafran restaurant, situated in Zaken's property on 3rd Street near South Street.

"I told her I would if I liked the guy," Zaken said, adding that he couldn't remember the prospective owner's name.

Goihman, Zaken and the prospective buyer are scheduled to meet next week, said Zaken, a commercial property owner and retailer.

A source close to Goihman says the potential buyer is Daniel Stern, former head chef at the upscale Le Bec Fin. He was fired by owner Georges Perrier after 20 months, but not before Stern upgraded the restaurant back to its five-star rating in the Mobile Travel Guide.

"I can't comment on that," Stern said yesterday when contacted by the Daily News about the sale. "When something happens I'll let you know."

I sure hope there hasn't been any fudging.
Eric Scheie   ·  August 21, 2005 09:35 AM

Eric,

Thank you for the attention you've given the the Kayla Peter case. The most recent development is that there was, allegedly, a third party who "advised" Ms. Goihman to remain silent about the incident and may have even gone as far as to advise her to leave town for a few days. The news reports say that this person may also be charged with obstruction of justice.

I myself, a "mobster" who joined the 28 day protest in front of Goihman's home, can tell you that all along these demonstrations have been about two things.

1. To put pressure on Susanna Goihman to speak about what she knew. It is unconscionable that she would willingly and knowingly withhold information about this case. This was HER car. If she wasn't driving it, surely she knew who was.

2. To keep Kayla's story in the forefront while we waited for Ms. Goihman to speak.

It amazes me the number of people who have spoken out against our demonstrations, suggesting that they are unproductive and that "the law is clearly working, why do we need the demonstrations?"

The sad truth is that justice isn't always something that just happens on it's own. Sometimes you need to fight for it.

I understand that a thorough investigation is crucial. I understand that it takes time. I understand the consequences of a rush to judgement. But I also subscribe to the "squeeky wheel gets the grease" theory.

Did our protests/demonstrations do anything to move this case along? I don't know. But who, in this city and the surrounding suburbs hasn't heard about this case? It sure hasn't HURT the investigation.

This wasn't just a horrible, horrible accident. It may have been just that, as Mrs. Persico has commented, if Ms. Goihman, or whoever was driving her car, would have stopped to offer aid to Kayla. It's now a felony.

RandiD   ·  August 23, 2005 09:35 PM


March 2007
Sun Mon Tue Wed Thu Fri Sat
        1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31

ANCIENT (AND MODERN)
WORLD-WIDE CALENDAR


Search the Site


E-mail




Classics To Go

Classical Values PDA Link



Archives




Recent Entries



Links



Site Credits