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August 15, 2005
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.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.
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.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)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.(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 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. 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." 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.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
Comments
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.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 |
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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.