By Matt Snyder
Herald Staff Writer and The Associated Press
BROOKFIELD —
Tami Engstrom’s family has waited 16 years for her killer to be executed.
They expected the wait to be over at 10 a.m. Tuesday, when Kenneth Biros was scheduled to die by lethal injection in the death house at the Southern Ohio Correctional Facility in Lucasville.
“We just want it to end,” said Ms. Engstrom’s sister, Debbie Heiss. “We want to get on with our lives, we want to close the chapter.”
The family drove through sleet and snow Monday from Hubbard to the prison to see Biros, 48, formerly of Brookfield, put to death for killing and dismembering Mrs. Engstrom in 1991.
They spent most of Tuesday in a hotel near the prison, waiting for a phone call. Ms. Heiss said the family was exhausted, frustrated, and furious.
“I feel like a rag doll, like I got run over by a truck. I don’t know what I feel,” she said after hearing the U.S. Supreme Court blocked Biros’ execution late Tuesday afternoon.
The justices’ one-sentence decision agreed with two lower courts that had ruled to delay the execution, including the 6th U.S. Circuit Court of Appeals that refused earlier Tuesday to allow a hearing before the full court to consider a state appeal.
On Monday, three judges on the 6th Circuit in Cincinnati upheld a lower court’s order blocking the execution, saying Biros should be able to continue appealing a lawsuit with other inmates arguing that Ohio’s method of lethal injection is cruel and unusual punishment.
“How these courts could do such a thing, it’s just, it’s very frivolous,” Ms. Heiss said. She commended Ohio Attorney General Marc Dann’s office for efforts in pushing the execution through on Tuesday, and Gov. Ted Strickland, who denied Biros clemency on Friday.
“Biros is such a coward, he is such a total coward. He doesn’t want to die and he knows he’s going to meet his maker, and his maker’s the devil, and he’s going to hell,” she said.
Biros killed Mrs. Engstrom on Feb. 8, 1991, after he picked her up in a tavern on Brookfield Avenue in Masury. Police believe the 22-year-old Hubbard woman resisted Biros’ advances and he killed her and then dismembered her body.
A search based on Biros’ information led to body parts that had been buried, and some dug up and reburied, near Masury and in adjacent areas in northwest Pennsylvania.
“He said her last words for him before he throttled her were, ‘My family’s going to hunt you down and kill you,’ ” Mrs. Heiss said. “That’s what I’d like to think we are doing.”
Mrs. Heiss said she would not give up pushing for Biros’ execution. “I will fight him to the end, because I’m tired of him haunting me.”
Despite Monday’s decision by the 6th District judges, prison officials went ahead with plans for Biros’ execution, serving him a special meal and keeping the execution team in a holding pattern until Tuesday’s ruling by the Supreme Court.
Biros was moved out of the death house shortly after the ruling was announced, prisons director Terry Collins said.
The death sentence should have been called off after the scheduled execution time, instead of making Biros and his family wait in limbo for hours, defense attorney Timothy Sweeney said after the Supreme Court’s ruling.
“To put these poor people through that is just not right,” he said.
Prisons spokeswoman Andrea Dean said the state had to wait for a court ruling or for the warrant allowing Biros’ execution to expire at midnight.
When told of the ruling, Biros’ mother clasped his hands through the bars of his cell and he thanked God, said defense attorney John P. Parker.
Dann said he would renew his efforts to have the sentence carried out.
“Legal issues aside, I want to express my sympathy and compassion for the family and friends of Tami Engstrom who have been living with the pain of their tragic loss for the past 16 years,” Dann said in a statement.
Sweeney said Biros has a separate appeal before the 6th Circuit that claims he was not convicted of an offense that merits the death penalty.
Biros is scheduled to be moved back to the Ohio State Penitentiary in Youngstown today.
If you pay attention to the statements that I have highlighted in red, you can find the crux of my total disgust with the way "justice" is administered for the victims of these killers who murder, mutilate and dismember, and then cry "NOT FAIR" or "CRUEL" when it comes time for them to be "put to sleep" like the mad dogs they are!
It has been 16 years since Tami Engstom was SLAUGHTERED by Biros--16 years that her family has mourned and missed her--16 years that they have waited for justice for the horrible way in which she died, and the candy ass attorneys for Biros have the nerve to say it was 'not right' for Biros and family to have to wait so long to get the word that there was a stay of execution! Biros should have choked on his pizza and nachos--where IS the justice of God when you really need it?
They say the death penalty is not a deterrant to murder, but tell me true--are these stupid stays putting ANY fear of God or Man into murderers like Biros, who are still out there, doing their 'thing' and knowing that the worst that can happen to them is to be fed, bedded, and cared for by the state for the rest of their mongrel lives? It makes me SICK!
I've been doing some research the last couple of days, getting ready to present comments and stories on "COLD CASE" files, and how they pertain to or are caused by the errors made by investigators and also those who enable perpetrators to continue their sick deeds by protecting and lying for them.
Today I ran across this piece which seems to speak eloquently to the subject, and shows just how a crime can be downgraded to allow a criminal to stay free--long enough to add mayhem and murder to the list of deeds which can be overlooked until they GO COLD.
It is sad that a whole family can continue to allow themselves to be bullied and terrorized by making excuses and lying for the criminal.
Here is one way in which it happens.
Raiti facing fewer charges
Arson among those proceeding
By Courtney Anderson
Herald Staff Writer
SOUTH PYMATUNING TOWNSHIP —
The bulk of the charges were dismissed Thursday against a South Pymatuning Township man who allegedly threatened police and set several fires in his trailer on March 7.
Donald R. Raiti, 34, of 2424 Colt Road, had been charged with five counts of attempted homicide, aggravated assault against a policeman, 10 counts of aggravated assault, six counts of reckless endangerment, two counts of arson, two counts of making terroristic threats and four counts of disorderly conduct.
After testimony at Raiti’s preliminary hearing, District Judge William L. Fagley bound to common pleas court one count each of reckless endangerment, arson and terroristic threats and two counts of disorderly conduct.
Most of the charges were dismissed because no one besides Raiti was in the trailer when the fires started. One count of reckless endangerment was held to court because a patrolman dealt with Raiti inside.
Police were called to Raiti’s home at 2:23 a.m. for a domestic dispute. When they got there, Raiti’s girlfriend, Tanya Austin, and her four children were at a neighbor’s. Raiti was inside where he allegedly set three fires.
Ms. Austin testified that she left and took her daughters to give Raiti “time to cool down” because he was upset. While he was breaking things in the kitchen, he said “get out” and “leave me alone” but he wasn’t yelling.
Ms. Austin’s son Jonathan, 15, testified that he was awakened that night by the sound of things beings smashed in the kitchen and that Raiti was drunk and kept saying “no one respected him.”
Jonathan was going to call 911, but Raiti broke his cell phone, he said.
He tried to wake neighbors across the street and then ran to Raiti Salvage at 1900 Rutledge Road and called for help. When the boy got home, his mother and sisters –– ages 12, 3 and 1 –– were across the street.
As Pymatuning Township patrolman Louis Lauderbaugh, who arrived first, went inside the trailer, he said Raiti was pulling burning curtains down from the wall and there were three small fires in the living room and kitchen.
Raiti then allegedly came at Lauderbaugh with something burning in his hands, which he threw onto the porch as Lauderbaugh moved away from the door.
Lauderbaugh said Raiti was uncooperative and appeared to be under the influence of some sort of substance because his speech was slurred and he was stumbling slightly.
South Pymatuning Township patrolman Brian Reiter got to the home as Lauderbaugh was handcuffing Raiti, he said. Reiter put Raiti into his police cruiser and Raiti kicked or punched at a rear window. En route to the Shenango Valley Regional Lock-up, Reiter said Raiti said he would shoot at all police cars that passed his house with a shotgun and machine guns.
He also told police, “I know where all you … live” and “Waco was nothing compared to what I can do to you all,” Reiter said.
While at the lockup, Reiter said Raiti tried to put a mattress and blanket against the cell door to block view from the cameras.
State trooper Russell Wolfson, who serves as an alternate deputy fire marshal, testified that there was nothing accidental about the fires and that there was a small propane tank lying in the middle of the kitchen floor. He said there weren’t any burnt kitchen pans.
Raiti’s attorney, Randall Hetrick, asked Fagley to reduce his client’s $75,000 bond since the more serious charges were dropped. Assistant District Attorney Neil McEwen objected, noting that the commonwealth considers arson to be “very serious” as well.
Fagley agreed and Raiti was returned to Mercer County Jail on the original bond.
Now can you believe that this man's "girl friend" went to the length to protect this man, even when she saw him break her 15 year old son's cell phone when he tried to call 911?
That she said he wasn't "yelling", but was just "upset" when he told her to take her children, get out and leave him alone, and THEN he proceeded to incinerate the home?
What is WRONG with these types of enablers? HOW can they excuse such actions because the perp was "UPSET"?
Above all, what does it do to children to see their mother protect and lie for the bully who gets upset enough to take actions that are dangerous to all of their lives?
When does "Justice" give victims a break before they are dead?
I can hardly believe that it's been a month and a half since I've been able to post here! Between some physical problems, a short trip and BIG puter crash, I've been out of the stream too long!
I want to thank everyone who has commented and inquired both on blog and privately about my health and circumstances. I appreciate your concern and good will.
I see that not much has changed since my last post. I guess lying is like being hooked on a major drug. You can't live without it, but in the end it will do you in. Soon, soon, I hope, the truth will out.
I've got some things to get done, but I look forward to bringing you some exposes' about old cold case files I've been looking at and how the perpetrators' social and mental disorders fit in with much of the "bully, controlling and narcissistic" traits that we've been reading about here for the past year. There are also new cases that are going cold that we should probably look at, too.
Feel free to comment on any cases in which you have had an interest, even before I get the first one up. You might have one that I haven't heard about--and I'm ALWAYS interested in "the evil that men do".
You wonder what leads a liar to repeat the lie so many times that they begin to believe it? In fact, I've read that the 'complete liar' can even fool a lie detector test, given enough time to feed the lie into whatever part of the brain they have left.
Take, for instance, the person/s referred to in UNRESOLVED ISSUES OF 2006. You know, the man who keeps attempting to frighten, stalk, denigrate, his EX on his blog and elsewhere, even though he is under a restraining/protective order granted to her by the State of Tennessee NOT to take such actions...and of course, his enabler. Granted the Enabler is under no such order, so she can say whatever she wants--but why she would side with such a man is a very big question to most people who are empathetic with women or men who are so frightened they need to take legal action against someone who basically tells them "Love Me--Or ELSE!"
It seems this man cannot just let go of the mess he put himself into and keeps trying to
a. lie his way out of his responsibility
b. continue his threats against his Ex
c. fool himself that 'other people' cause him to act out
d. deny to himself that the court order does not refer to HIM (duh)
To that end, I thought maybe, just MAYBE, putting up what the State of Tennessee has to say about the responsibilities and procedures involved in such orders, would enlighten this person (or clearer thinking folks around him) as to what he is doing to himself with his actions in ignoring the terms of the Court Order against him. Amazing what you can find with GOOGLE, isn't it?
STATE OF TENNESSEE
Domestic Violence
"Domestic violence is not rare. It occurs at all levels of the American society, and all classes of community, regardless of social, economic, or cultural backgrounds."
Judge Bill Swann , Fourth Circuit Court, Sixth Judicial District of Tennessee (Knox County)
Orders of Protection: Your Day in Court
TheCommunity Coalition on Family Violence is a Knoxville, Tennessee-based nonprofit group that works to prevent family violence in Knoxville and its surrounding counties.
Helpline 521-6336
Domestic Violence is a pattern of abusive behaviors used by one individual intending to exert power and control over another person in an intimate relationship. It can be physical, sexual, or psychological. The primary purpose is to control, to dominate, or to hurt another within the relationship. Domestic Violence may occur between a male abuser and a female victim; a female abuser and a male victim; two women; or two men. The Domestic Violence statute also extends protection to the elderly and to children.
ABUSE under our statute in Tennessee is:
- Violence
- Threats of violence
- Malicious destruction of property
- Holding against the will
- Placing in fear
- Stalking
- Sexual assault
What is an Order of Protection?
It is a piece of paper. It does not stop a bullet or a knife. But it is a powerful document containing judicial commands and prohibitions.
Most importantly, it tells a defendant not to abuse a plaintiff--not to use violence, or threaten it against the plaintiff, not to damage the plaintiff's things, not to hold the plaintiff somewhere and keep him/her from leaving, and not to frighten the plaintiff. It also prohibits stalking and sexual assault.
If the defendant violates your order of protection, he/she goes to jail.
If there is a marriage, or if there is an order of paternity or legitimization for a child between the parties, the order of protection may also provide support for the plaintiff and/or child. There are other kinds of relief available in other circumstances as well.
Who can get an Order of Protection?
Anyone can get an order of protection. But it is only available for you against a person:
1. To whom you are currently or formerly related by blood or marriage, or
2. With whom you have resided, or
3. With whom you have had an intimate sexual relationship, or
4. Whom you have dated, or
5. With whom you have a child, born or unborn, or
6. Who has stalked you, or
7. Who has sexually assaulted you.
Two neighbors cannot obtain an order of protection, unless stalking or sexual assault is involved.
Also, the defendant (the person against whom the order is taken) must always be an adult.
Under certain circumstances, a child may obtain an order of protection against an adult, if the adult falls in one of the seven categories set out above. Normally, however, matters of child abuse should be taken to the Knox County Juvenile Court (865) 215-6400.
Most orders of protection are between men and women. However, many orders of protection are between people of the same sex.
Finally, elder abuse is emerging as a growing category of litigation. Elderly persons experiencing abuse from younger persons may use Tennessee's order of protection statute.
Do I Need an Order of Protection?
Tough question. It's tough to answer because people are so different. If you are really in danger, or believe you are, an order of protection may help. On the other hand, if you are not in danger and--this is very important--if there has NOT been a pattern of recurring violence, then you may want to consider other options. Discussion of the other options with social service agencies may lead to solutions more effective than litigation.
How do I Apply for an Order of Protection?
You come to the counter of Fourth Circuit Court in the City County Building. Clerk Martha Phillips and her deputy clerks have application forms. They will assist you in filling out the application for an order of protection.
The defendant must be a Knox County resident, or the abuse must have occurred in Knox County. You must give to the clerk the following information:
1. Full names of the parties and dates of birth
2. Full names and ages of children if any
3. Petitioner's and Respondent's relationship to each other
4. Mailing addresses
5. Telephone numbers
6. A mailing address for you (not necessarily your location- -that may remain confidential)
7. All physical locations where the defendant may be served with process
8. Circumstances which prompted the filing
9. Lawsuits the parties may have together now
10. Description of defendant, defendant's place of employment, and defendant's vehicle
If the defendant violates your Order of Protection, go back to Fourth Circuit Court and ask the clerk for a "contempt petition." Write down what happened in plain terms. It is very important to bring any and all violations back to court for a contempt hearing as soon as they occur, because it is only through dependable, predictable consequences that new behavior can be taught.
What is the Cost of the Order of Protection?
There is no fee for beginning an order of protection. But at the end of the case, court costs will be taxed against someone.
Who is it who will end up paying the accumulated court costs?
If the petitioner (plaintiff) obtains an order of protection, the court costs must by state law be taxed against the respondent (defendant). If the order of protection is not granted, then court costs go to the petitioner.
The petitioner may be taxed with the costs if the case is dismissed by the court because of lack of service of process, or failure of the petitioner to appear at the hearing.
It is necessary that good addresses be provided for the respondent. If a home or work address for the respondent is not known, the probability of his/her being served is not good. Service of process is necessary in order to proceed in court.
Fees charged by the Fourth Circuit Court are set by the state legislature and are standard in every case. Fourth Circuit Court will accept partial payments, provided these payments are made regularly each month.
4th Circuit Court: Judge Bill Swann | City County Building | 400 Main Street | Knoxville, TN 37902 | P: 865.215.2399
After reading the above, it would be my thought that since an order WAS granted to this man's EX, the procedures as described were followed and the man is RESPONSIBLE to abide by the terms of the legal order. Instead we see the IRRESPONSIBLE and THREATENING actions that have been placed on his blog, deleted, moved to another blog, repeatedly--ad nauseum. I'd feel sorry for his inability to let go and let live in this situation, except that whatever actions he took to cause the order of protection to be granted against him, were HIS actions--enough to move the court to grant the protection order. It's well beyond the time that he 'gets it'.
Earlier on this blog I addressed the abuse of the elderly and other disabled persons who fall under the care of the bully and unscrupulous caregivers, whether professional or family. You can find those articles to jog your memory at THE BULLY AND ELDERLY ABUSE and LICENSE TO HARM; and several other connected writings. It seemed to me that even though many states have laws pertaining to these abuses, the red tape and expense involved in gaining aid and rescue from the serial bullies and abusers is often far beyond the resources or capabilities of the victims--some of whom don't even realize that they are being abused.
Today I ran across an article which addresses one area's attempt to deal with a growing horrendous circle of abuse to the disabled of many types, by educating them on what is happening to them and what they might do about it. I hope you will find this article as informative and worthy as I have.
PROJECT PROMOTES AWARENESS
By Monica Pryts
Herald Staff Writer
Abuse against developmentally disabled people in Mercer County isn’t often discussed, but two groups want everyone to be aware it’s a problem that needs attention.
The Arc of Mercer County and AWARE are launching Project Illumination, a community-wide campaign to increase awareness and prevent violence and abuse against the disabled.
The project was introduced Tuesday night at the Arc in Hermitage during a presentation about the many forms of abuse against the disabled in Mercer County.
“It’s a subject we don’t often talk about. We have had it happen here,” said Robert Beach, the Arc’s chief executive officer.
Lizette Olsen, executive director of AWARE, an agency that handles domestic and sexual violence issues, discussed physical, financial, emotional and sexual abuse.
“I need you committed to stopping these crimes in this community. It’s an evil,” Ms. Olsen told the crowd that included relatives and caretakers of the disabled.
Abuse is a sensitive topic, but abusers take advantage of people being uncomfortable discussing it with disabled individuals, she said. Some disabled people don’t know what behavior is right or wrong, especially if they were abused by a trusted person such as their caretaker or a relative.
“They look just like you and me. They live here and prey on these folks,” Ms. Olsen said about abusers.
That’s why it’s important to look for the warning signs of abuse, keeping in mind that disabled people are often afraid to reveal they’ve been abused, Ms. Olsen said.
General abuse warning signs include fear, anxiety, agitation, anger, isolation, depression, contradictory statements about events or incidents, implausible stories, confusion or disorientation and fear to talk openly.
There are also signs to look for when identifying an abusive caretaker, she said. They may prevent their victim from talking to others, have a lack of concern or affection for the victim, talk of the victim as a burden or have a flirtatious or inappropriate relationship with the victim.
Sexual abuse against the disabled is a touchy but important subject, Ms. Olsen said. Relatives, baby-sitters and caretakers are common abusers, and statistics show that 27 percent of sexual abuse occurs in the victim’s home and 20 percent happens in the home of a relative or friend.
“Eighty-five percent of the disabled population are sexually abused at one point in their lives,” she said.
Disabled people are vulnerable to sexual assault because they may not have had appropriate sexual education, they don’t know they can say no to the abuser or they’re dependent on the abuser for care and fear retaliation.
Early warning signs of sexual abuse are complaints about sleep or physical health, bedwetting, displaying anger, hostility or shame, acting out sexually, avoiding certain people or poor self-esteem.
Disabled people who have been physically abused may have bruising or multiple injuries, are fearful and have low self-esteem or no self-determination. Victims of neglectful abuse can be dehydrated, wear dirty clothing or have a lack of physical aids like glasses or hearing aids.
Those who have been exploited by someone may have missing possessions, an inadequate living environment, lack of funds for food, clothing and social activity or have been coerced or forced to release their money, paychecks, will or home to the abuser.
Financial abuse victims may frequently give gifts to others, have missing personal belongings, papers or credit cards, unpaid bills or are unaware of their bank account activities.
Disabled people are afraid to report abuse because they think no one will believe them and they are responsible for the abuse, Ms. Olsen said. If abuse is reported, those dealing with the victim must remain calm and can offer to call the proper authorities.
The Arc and AWARE are planning to educate the developmentally disabled in small groups about different forms of abuse as part of Project Illumination, said Leslie Powell, the Arc’s director of adult day services.
