tag:blogger.com,1999:blog-4254735475074317252024-03-08T06:53:57.933-05:00Todd J. RogersThis blog is in loving memory of Todd Jacob Rogers
<br />January 10, 1976 - July 1, 2007Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.comBlogger32125tag:blogger.com,1999:blog-425473547507431725.post-31264938288976305212010-06-30T18:51:00.003-04:002010-06-30T19:13:33.159-04:00Three yearsTonight will be the third anniversary of Todd's death. The heartache is still there, but it's veiled by love and surrounded by hope. The pain doesn't rule my life anymore. It's still there. I still carry it everywhere. It still stings me at times. But I'm no longer a slave to it. I have room in my heart for other things now. I have the freedom to live my life on my own terms. I still grieve for Todd, but the pain is overshadowed by gratitude for the time we shared.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Markhttp://www.blogger.com/profile/11384895823281342831noreply@blogger.com1tag:blogger.com,1999:blog-425473547507431725.post-71723075073103333042008-09-13T16:05:00.003-04:002008-09-13T16:40:26.398-04:00Fall is Upon UsI've been thinking about Todd today. Recently, we learned that John's house has finally been sold. I hope more of the money goes to his family than to his lawyers. Nevertheless, the conviction is under appeal, so I guess Jim Love et al will be busy for awhile yet. I'm so grateful to Katie Swart for continuing to take care of the legal case for us. Thankfully, I haven't been feeling a lot of anxiety about the appeal. I'm no expert in criminal law, but my impression of Judge Maxfield was that he was very thoughtful and fair, and that he gave the defense every reasonable amount of latitude that he could. I have no idea on what grounds the appeal has been filed, or how long it will take to be processed.<br /><br />Meanwhile, fall is upon us. The leaves outside are starting to think about changing color, but haven't quite made up their minds to do it yet. It's been over a year now since Todd's passing, and it's good to be able to look back and see the progress we've made as a family in our recovery, if you can call it recovery. There will be no returning to the way things were before the murder. That simply isn't possible. The experience has changed us all, and deeply. Instead, I like to measure my progress by how well I'm able to look forward to things again, and basically function on a day-to-day basis, rather than being mired in baggage. I know I still have a long way to go, and there are elements of the pain that will never go away. I try to think about Todd's smile and his laugh, and the funny things he would say about things. He was such a delightful person to have around, and very much a calming influence when things were stressful. I miss him so much!<br /><br />Mom and Dad are just returning today from a visit out west to see my two remaining brothers, my sister-in-law, and my nieces. They had a wonderful time, and are looking forward to moving out there early next year. Mom retires in December, and then it will just be a matter of them selling their house, packing up, and heading out. I want to make sure I enjoy them as much as possible while they still live close to me. On days like today, when I'm hurting a lot over Todd, I'm especially grateful to have them in the area. I'm not sure how things will be when they're gone, but I know I'll be fine. I've already made that decision. Besides, there will always be email and phone conversations, and it's not like I'll be without a good local support system.<br /><br />Right now, my two cats are sacked out in the late afternoon sun, and I'm thinking seriously of following their example for a little while. They look sooooo comfortable.<br /><br />Have a wonderful Saturday, everyone!<br /><br />Love,<br />Lisa<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-60573887128827420392008-05-17T03:32:00.002-04:002008-05-17T03:39:36.511-04:00Sentence Handed DownJohn Bloxham was sentenced by the judge yesterday and given 35 years. Under Virginia law this was the maximum sentence allowed due to the circumstances of the case and due to the jury recommendation.<br /><br />John will now become a resident of the state penitentiary and I continue to try to get on with the rest of my life.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Scotthttp://www.blogger.com/profile/09472254620130501819noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-44799744311871818122008-04-07T20:26:00.002-04:002008-04-07T20:47:38.285-04:00Victim Impact StatementsA pre-sentence report is compiled for final sentencing on May 16, 2008. If you feel like you have been impacted by Todd's murder, you are welcome to contribute a written statement regarding the financial, physical, and emotional impact of this crime upon you. It should be addressed "Dear Judge". A short letter can be just as impactful (and more likely to be read completely) as a long letter. I am planning to ask that John be sentenced to the full 35 years (and am fine if others want to request the same!) I have been told that we should not mention other crimes, but comments should be specific to Todd's murder. Please submit your written statement to our victim's advocate by April 30, 2008. Her email address is <span class="HcCDpe"><span class="lDACoc">Jeannie.Kuley@fairfaxcounty.gov, and she is also accepting pictures (of you and Todd) along with your impact statement. </span></span>I have some example statements if you are interested.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-66021348174657684812008-03-16T16:01:00.013-04:002008-03-20T09:52:54.234-04:00About the TrialAs has been stated, the criminal trial of <em>Commonwealth of Virginia v. John P. Bloxham</em> was this last week. On Thursday, the jury found John guilty of murder in the first degree (which is really hard to get!), and on Friday recommended that he be sentenced to 35 years in prison. The actual sentencing is scheduled to take place on May 16, 2008.<br /><br />The trial started Monday. Mom testified that day, as did some emergency responders, residents of the neighborhood where it happened (including the wonderful Mrs. Kim Miller), and the medical examiner. The ME’s testimony was especially hard to listen to because it detailed everything that happened to my brother’s body that night, both from the assault itself and from medical intervention while they were trying to save him. It was also hard just knowing that so many photographs of Todd’s body were being displayed in open court, though thankfully the spectators didn’t get much of a view. (I did get some recompense on Wednesday, though, when photos of <em>John’s</em> body -- taken the night of his arrest to show his complete lack of physical injuries, in contradiction of his claim of self defense -- were also displayed in open court. <em>That</em> I didn’t feel bad about at all!)<br /><br />Most of Tuesday was spent with a single witness on the stand, Detective Anderson from Crime Scene, who detailed all the forensic evidence that was gathered, how it was gathered, who each item was sent to, etc. etc. That was grueling and tedious, and I didn’t stay in the courtroom to hear all of it. (It <em>did</em> give me renewed appreciation for the judge and jurors who had to sit alertly through everything the entire time!) Finally, at about 4pm or so, they put Carrie on the stand. She did a great job testifying, but again, it was hard for her and for us reliving the events of that night.<br /><br />On Wednesday morning, Carrie returned to the stand for cross-examination by the Defense. John’s two attorneys, by the way, were both remarkably sleazy in ways I won’t even try to enumerate. Incidentally, they were not court-appointed, meaning John paid for their services himself, and they charged him a good three to four times what any other private defense attorney in the county would have charged. But they knew John had assets, so they went for it. (I think they and John clearly deserved each other!)<br /><br />Anyway, Carrie weathered her cross-examination well, but I'm sure it was hard on her. After she was done, her roommate Cheryl Smith testified. Then Detective Shillingford from Homicide took the stand. He was the lead investigator on the case and was absolutely brilliant.<br /><br />At some point, there was also a toxicologist who testified about some of the lab work done on tissue samples taken during the autopsy. The Defense had been claiming that my brother attacked John in a “drunken rage” that night. (Right. Todd had never tasted an alcoholic beverage in his life.) They were basing this claim on the fact that the labs showed he had a blood alcohol concentration of a whopping .03%. The toxicologist showed that although there was alcohol present in the blood, there wasn’t any in the viscous humor, meaning the alcohol in his system didn’t get there by consumption. Rather, it was the result of postmortem ethanol formation which took place while his body sat for a few days awaiting autopsy. The Defense had this information all the time, but they never did have any compunction about twisting facts.<br /><br />Somewhere in there, a DNA expert also testified to establish that some of Todd’s blood was found on a glove found in John’s house. I don’t remember when he took the stand, though. (Maybe Wednesday?)<br /><br />Finally, the prosecution rested and the Defense called its two witnesses. The first one was John himself, who let us all know what a selfless and virtuous person he is, faithful in his religion, a pillar of the community, yadda, yadda, yadda. He was also, evidently, quite athletic. He even described -- and I quote -- the “scissors action” he did with his arms to deflect the blows my Herculean brother was supposedly hurling at him with lethal force. At one point, when Katie Swart (our prosecutor) asked him why he put the gun in his fanny pack to begin with, he looked kind of nonplussed and responded, “Because it fit.” (Listening to him was creepy and surreal -- he is <em>such</em> a piece of work!)<br /><br />The second witness for the Defense was one of the police officers present for the initial interrogation the night John was taken into custody. He had made a number of edits to his notes, and the Defense wanted to point one of them out (just one). Namely, they wanted the whole world to know that at one point Detective Shillingford “told” John something rather than “asking” him. Within the context of the entire interrogation, which had lasted for hours and contained an enormous amount of information, that one edit was meaningless. The Defense had no interest in asking the officer why he’d made the edit, or asking him to comment on the interrogation itself. After that, the Defense rested.<br /><br />Closing arguments were given Thursday morning. Katie’s was eloquent and to the point. The Defense’s was ridiculous and shameful -- according to them, the whole business was one big conspiracy on the part of the entire law enforcement community to implicate an innocent man. Oh yes, and their other “point” was that Todd wasn't an important person to begin with, so his loss really didn't merit so much fuss. The jury deliberated for about seven hours -- quite possibly the longest seven hours of my life! They came back with the verdict, and we were all walking on air after that. Carrie’s brother Josh put it well when he said, “Each breath is a lighter breath, each step is a lighter step.” I can’t describe the relief we felt. For us, this wasn’t about revenge, but about keeping Carrie safe from an obsessed sociopath who should never again be allowed back on the streets. Knowing he was convicted and would be sent to prison was a <em>major</em> load off our minds!<br /><br />On Friday morning, we convened for impact statements. I went first -- it was my first time testifying under oath before a jury -- then Dad, and then Mom. Then John went. He talked about all the ways his life has been hard and why the jury should be lenient (true to form, everything was about him). Then, only when prompted by his attorney, he apologized to Carrie, to my parents, and then to me. (Hearing him say my name and turn to face me was creepy enough -- I wish he’d just left me out of it!) Not surprisingly, his entire statement was contrived. He said the apology was long overdue and that he’d have given it much sooner if the legal proceedings hadn’t prevented him from discussing the case. (Translation: If I hadn’t been spending all these months trying to get away with murder, I would have been free to say I was sorry sooner.) Fortunately, my family and I are intent on forgiving him, gradually, as we’re able to let go aspects of our pain here and there -- but if anything, we’ll forgive him in spite of his apology, not because of it. The best way I can characterize his performance is as an unpleasant waste of time we had to listen to.<br /><br />After our statements, attorneys from both sides spoke, the judge gave the jury some more instructions, and they went out to deliberate. A couple of hours later, they came back with a recommendation of 35 years. The final sentencing hearing was scheduled for May 16th. In the meantime, we’ll be gathering more victim impact materials to submit to the judge.<br /><br />There are so many people who have been so wonderful, helping and supporting us through this whole saga. I can’t possibly name everyone, but I do want to give special thanks to the following people who were instrumental in this week’s success: Detective Steven Shillingford and the rest of the police force of Fairfax County. It was evident in court that they are a dedicated, competent, and highly professional organization. Huge thanks also to Katie Swart (Assistant Commonwealth’s Attorney), Mrs. Kim Miller (the good samaritan who assisted my brother in his last moments of consciousness, and who relayed his vital message about who had shot him), Fairfax County Fire and Rescue, all the other experts who testified, Judge Charles J. Maxfield, Jeannie Kuley (our wonderful VWAP counselor), and... dah dah dah... the jury! They were a very special group of people who did a great job discerning truth from falsehood.<br /><br />As a side note, it turns out our jury foreman was Mark V. Rosenker, Chairman of the National Transportation Safety Board, who reports directly to President Bush. I would imagine he’s sat through many hearings in his lifetime, and I’m sure he was instrumental in guiding the jury members to their decision. Thank you, Mr. Rosenker!<br /><br />Here’s a brief snippet about the case from the newspaper: <a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/03/14/AR2008031404014.html" target="_blank">http://www.washingtonpost.com/wp-dyn/content/article/2008/03/14/AR2008031404014.html</a><br /><br />And with that, before this post gets any longer, I’m ending here!<br /><br />Love,<br />Lisa<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.com1tag:blogger.com,1999:blog-425473547507431725.post-54561014711929933262008-03-14T16:26:00.003-04:002008-03-16T16:01:24.403-04:00Jury's Recommended SentenceThe jury has recommended a sentence of 35 years for John Bloxham according to a news media report.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Scotthttp://www.blogger.com/profile/09472254620130501819noreply@blogger.com1tag:blogger.com,1999:blog-425473547507431725.post-11486629943889564282008-03-13T18:28:00.003-04:002008-03-13T18:55:57.090-04:00The Trial is Over and ThanksThe jury came back with a verdict this afternoon (Earlier than I expected). John Bloxham has been found guilty of 1st degree murder. The jury will meet tomorrow back in court to recommend a sentence to the judge. The actual sentencing, as I understand things, will take place in a few weeks and it will be given by the judge.<br /><br />I thank all of the witnesses, law enforcement personnel (including the forensic people), and those in the Commonwealth's prosecutor's office who have worked and/or helped in bring out the truth and the circumstances of Todd's murder.<br /><br />I thank the jury for their work in listening to both sides (prosecution and defense) and for making a decision, which I believe is the correct one. Being on a jury is a thankless duty where one is tasked to make an often times difficult and/or emotional decision, yet still based on fact, in my opinion. Of course I've never had the opportunity to be on a jury, so I really don't know what it is like. I can only speculate.<br /><br />I thank those with the victims/witness assistance program in Fairfax County for the support they have given to my family and friends.<br /><br />I thank the judge for being fair to all involved. Although I was not present for the trial, from what I have heard it was handled fairly.<br /><br />And finally, I thank Todd for being a great brother, friend, and roommate. He is a good example of one who lived a Christ-like life. And he is missed.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Scotthttp://www.blogger.com/profile/09472254620130501819noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-83048942985376823112008-03-12T11:16:00.004-04:002008-03-12T11:28:48.122-04:00The Trial is UnderwayToday is the 3rd day of the trial. It will likely at least until Friday. There has been some talk that it may go into next week too. But I'm not really sure how long it will go on. <br /><br />As for the verdict, one never knows how a jury will decide. However I believe that it will end in a conviction.<br /><br />I thank everyone who has prayed for those who have been involved with this case (It has been hard for a lot of people). The world is a better place because of the blessing and miracle of prayer.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Scotthttp://www.blogger.com/profile/09472254620130501819noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-36376240416185876552008-03-03T16:27:00.003-05:002008-03-03T17:28:44.612-05:00A Happy ThoughtAs the trial draws nearer, I sometimes feel pain from old wounds that I had hoped were healed. I suspect I'm not alone in this. So, I thought it would be a good time to share a happy thought:<br /><br />The surest way to find real happiness is to focus on those things that matter more than your own happiness.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Markhttp://www.blogger.com/profile/11384895823281342831noreply@blogger.com3tag:blogger.com,1999:blog-425473547507431725.post-41974916146249835522008-01-05T01:30:00.000-05:002008-01-05T01:32:15.107-05:00New Trial DateThe date of the trial has been changed to March 10, 2008.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Scotthttp://www.blogger.com/profile/09472254620130501819noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-4851302870670883562008-01-01T19:20:00.000-05:002008-01-01T19:25:10.875-05:002nd Suppression Hearing and New Trial DateThere was a second suppression hearing on Dec. 28th. In this one the defense asked the court that the search warrants used by the police be suppressed. The court ruled that the search warrants were good and the defense motions were denied. I've learned today that the defense is going to ask for a continuance for the trial. This will move the date of the trial back to Feb. or Mar.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Scotthttp://www.blogger.com/profile/09472254620130501819noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-58322852707026442802007-12-15T17:43:00.000-05:002007-12-15T17:56:58.418-05:00What Happened in the Supression Hearing on Dec. 13, 2007In short here is what happened based off of e-mails and discussions from some of those in attendance. The defense team tried to have the evidence that was take from John's house suppressed. And that he was wrongfully arrested. They claimed that John's 4th amendment rights were violated in both cases. They also tried to suppress the statement that John had made to the police, claiming that John's fifth amendment rights were violated. And finally the defense team wanted any evidence from Todd's truck, including the truck, thrown out(Which is a significant part of the crime scene). In all of the motions filed by the defense team the judge rulled that the police were reasonable in their actions (All of the defense team's motions were denied). The judge also cited some case law from at least one higher court (I believe that it was the US Supreme Court), which was consistant with his judgement.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Scotthttp://www.blogger.com/profile/09472254620130501819noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-38597475629311881332007-12-04T10:18:00.000-05:002007-12-04T10:25:58.384-05:00Supression HearingOur family has learned that there is going to be a suppresion hearing on December 13th. It is my understanding that the defense is going to try to keep as much evidence against their client as they can from being admitted into court at the trial (Which is still tentatively set for Jan. 7, 2008 I believe).<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Scotthttp://www.blogger.com/profile/09472254620130501819noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-56455064958499806052007-11-19T18:04:00.001-05:002008-03-16T16:26:27.633-04:00Todd and ZoeMy sweet little cat Zoe passed away on Friday, November 16th. She had been my good friend for nearly eight years, and our whole family adored her.<br /><br />Todd was allergic to cats -- not deathly so, but they did cause his allergies to flare up. Consequently, he had a policy of not allowing himself to become very attached to any cute, furry, animals. (Not that he <i>disliked</i> them -- he simply preferred to remain indifferent.) I think Zoe, however, managed to secure a rather special place in his heart. I can recall some rather tender moments between the two of them, and I think he was more fond of her than he perhaps wanted to be.<br /><br />Zoe was always drawn toward humans. She wasn't shy at all. Now, I like to envision her having adopted her "Uncles Todd and Paul" as her new humans, hanging around with them, amusing them with her antics, and otherwise keeping them company. Todd doesn't have to worry about allergies anymore, and I rather suspect he'll be honoring his earthly mother's hope that he'll keep an eye on the precious little furball.<br /><br />Raving mad cat lover that I am, I certainly wasn't above projecting all kinds of human traits upon poor Zoe during her life, at least in fun. Human thought and speech were the most commonly transferred characteristics. When Todd was alive, sometimes I'd mention that Zoe had asked me to tell him hello for her. His response would always be, "And a fine 'meow, meow' back to the feline!"<br /><br />This Thanksgiving, our family will be remembering Todd, Paul, and Zoe in our feast. It seems appropriate in this season of appreciation that we be most grateful for the precious relationships that we're given in life, for the opportunities we have to love and be loved, and for the assurance that our most cherished relationships can continue forever.<br /><br />To Todd, Paul, and Zoe: Happy Thanksgiving!<br /><br />Love,<br />Lisa<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-45222549268878692282007-09-18T16:47:00.000-04:002007-09-18T17:27:21.992-04:00The Grand Jury, and a Note to Thems That Know StuffThe grand jury phase of John's case has been the least troubling thus far -- they returned an indictment yesterday. Hooray. <br /><br />Our next step is to wait for the trial. We have a friend whose husband was murdered a few years ago. (WHY do people feel the need to murder each other?!) Anyway, in her case, the time between commission of the crime and the trial's conclusion was a little over two years. Make yourselves comfortable, everyone. It's going to be a long ride.<br /><br />Meanwhile, I would encourage anyone who has any first-hand knowledge of anything relating to John or this case, to PLEASE WRITE DOWN EVERYTHING YOU KNOW. It will probably be a long time before trial, and your memory is bound to dim between now and then. Write down as much as you know now, and stick to the facts. Don't speculate. Don't gossip. DO make sure you share everything you know with Detective Steven Shillingford (703-246-7858), no matter how trivial it seems to you now. Also, don't assume you won't be called upon to testify. As a family, we're already learning that more people may have to testify at this thing than we ourselves would have assumed.<br /><br />Thanks much.<br /><br />Love,<br />Lisa<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-77073238846430162762007-09-12T22:02:00.000-04:002007-09-13T14:03:20.168-04:00Update on Bail StatusA hearing was held in court before the pliminary hearing this week. In fact it was several weeks ago. And it was determined by a judge that John, the person suspected of killing Todd, will be held without bail for the time being.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Scotthttp://www.blogger.com/profile/09472254620130501819noreply@blogger.com1tag:blogger.com,1999:blog-425473547507431725.post-74662772496236141882007-09-12T10:09:00.000-04:002007-09-23T11:42:13.761-04:00Preliminary HearingOn Monday, we had what's called a preliminary hearing in Fairfax County General District Court. When a person is charge with a felony (in Virginia), they're entitled to a pretrial hearing, which is basically a sort of mini-trial without a jury, where a judge decides if there's probable cause to proceed with indicting and trying the person, or not (in which case, the charges would either be reduced or dismissed altogether). The preliminary hearing takes place before discovery, and it is generally in the prosecutor's interest to refrain from offering up all of their evidence at the hearing. They want to present enough evidence to pass snuff with the judge, but not more.<br /><br />Chief Judge Donald P. McDonough presided at Monday's hearing. (I rather liked the man -- he seemed competent, fair, and down-to-earth.) Carrie and Detective Shillingford testified (and they both did an excellent job). Katie Swart argued for the prosecution, and Mark Dycio (an associate of Jim Love) argued for the defense. Jim Love was also present at the defense table. Our social worker from V/WAP also attended and sat with us in the gallery -- it was very nice to finally meet her in person.<br /><br />The hearing was emotionally hard on us (especially on Carrie who had to testify), but the outcome was good. Chief Judge McDonough determined that there is probable cause to believe that the accused person committed the offense, and certified the case to the grand jury. The grand jury hearing will take place on Monday, but we won't be involved in that (grand jury proceedings are closed). We're not worried about that step, though -- the evidence is good and (to paraphrase Sol Wachtler) most grand juries will indict a ham sandwich. Once the indictment comes through, our next step will be to wait...and wait...and wait...until the trial rolls around, which will be months from now. Of course, we could all be saved a lot of time, trouble, and expense if John would just fess up and admit to doing what he clearly did -- but none of us are holding our breath for that to happen.<br /><br />I would like to make one request regarding the trial, which will be in Circuit Court: whoever reads this, please offer prayers that we'll get a good judge who will handle the case fairly, rationally, and in accordance with the law. (If you've been reading this blog, you know there's at least one judge in the Fairfax County Circuit Court pool who hasn't always behaved that way.) So much will hinge on what evidence the judge deems admissible. So please pray that we'll be assigned a good judge.<br /><br />Love,<br />Lisa<br /><br />P.S. A note about the charges: For the purpose of the preliminary hearing, the prosecution moved to temporarily amend the charges from "murder in the first degree" to simply "murder," with no degree specified, while reserving the right to specify the degree prior to trial. The defense agreed to the amendment, reserving the right to object to whatever degree the prosecution moves to specify later. <i>The reason for the amendment was purely strategic</i> -- under Virginia statute, if the charge is murder without a degree specified, the court must presume that it's murder in the second degree, even though that isn't explicitly stated. The advantage for the prosecution is that it lowers the burden of proof needed to "pass" the preliminary hearing, so they don't have to play as many of their cards this early in the case. Not a bad strategy, really. Still, rumors have been flying that the charge has been permanently reduced. Make no mistake, the prosecution fully intends to charge John with murder in the first degree. And if the defense objects to the degree being reinstated in the charge, there's really not a lot they can do about it.<br /><br />P.P.S. The Virginia Courts Case Information online now shows the amended charge as being murder in the 2nd degree. That is either a typo by the clerk, or a system default for murder that has no degree specified. (My guess is the latter.) Once again, I repeat, the prosecution fully intends to charge John with murder in the first degree. The amendment is only temporary.<br /><br />Thanks.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-70132859023943227932007-08-04T10:04:00.000-04:002007-09-13T13:06:38.376-04:00Epic Drama Unfolding: "As the Bail Turns"The status of John's bond (i.e., bail) is quickly becoming a soap opera, so much so that I thought I would start a new post to talk about it, rather than stringing my comments onto <a href="http://inmemoryoftodd.blogspot.com/2007/07/since-we-do-need-to-share-some.html#comment-418940062359560327" target="_blank">the old one</a>.<br /><br />Anyway, to recap "from our last episode": John was denied bond by a magistrate following his arraignment on July 2nd. Last Thursday, his attorney filed a motion for a District Court judge to review the magistrate's ruling. On Friday, the District Court judge looked at the case, acknowledged a few obvious facts, and promptly upheld the magistrate's original ruling denying him bond. John's attorney immediately filed an appeal to the Circuit Court, and a hearing was scheduled for Wednesday morning.<br /><br /><u><i>And now for the continuing saga</i></u>: The hearing was Wednesday morning. Nobody thought he'd be given bond. But, lo and behold, the Circuit Court judge granted his request. That was very surprising (and dismaying) to a lot of us. People are now going into hiding.<br /><br />Evidently this Circuit Court judge was a former defense attorney, which may or may not have been a factor in his decision. He might simply have been bored, out-to-lunch, drunk, smoking pot, or just plain stupid. Who knows? Dad says the hearing lasted about ten minutes, and that most of that time was monopolized by John's attorney. He went on and on, claiming that John was a wonderful guy with ties to the community, that the shooting was done in self-defense (which isn't true and should not have been considered relevant in a bond hearing anyway), and that the prosecution didn't have any evidence to support the notion that John is an obsessed, stalking sociopath, and thus a danger to himself or others. The prosecution was given very little time to say "actually, yes, we really do have evidence, starting with..." etc. etc. etc.<br /><br />Most people charged with crimes in America are granted bond -- in other words, they're given the option of putting up collateral in the form of bail with an agreement to stay in town and otherwise behave themselves -- in exchange for being able to spend their pre-trial days/weeks/months/years out of jail. The idea is that you're innocent until proven guilty, so the government shouldn't ruin your life prior to conviction. Most people, however, aren't being charged with first degree murder.<br /><br />In the Commonwealth of Virginia, first degree murder is a class 2 felony, punishable by 20 years to life. Under Virginia statute, a judge making a bond ruling in such a case is required to operate with a bias <i>against</i> granting the defendant what's called "admission to bail" (i.e., setting a bail amount).<sup>1</sup> That's subject to rebuttal by the defense, of course, but they're supposed to start with the presumption that the person is a flight risk and/or a dangerous person, which are the legal criteria for holding someone without bond. The judge is not to attempt to assess the merits of the criminal case itself, but simply determine if the person is too dangerous or too slippery to let out of jail prior to trial.<br /><br />Personally, I think the judge made a grave professional error, that he ignored the statute, ignored the facts presented to him by the prosecution, and is placing innocent people in danger as a result. I think he ought to be reprimanded. I'm biased, of course, but evidently, so was he. The detective and the prosecuting attorney (who have at least half a century of professional experience between them), plus another attorney I spoke to, were all agog.<br /><br /><b>HOWEVER...</b><br /><br /><b>...NOTWITHSTANDING THE ABOVE...</b><br /><br />...John is, as of this moment, still in jail. <i>What's that you say? He was granted bond on Wednesday morning, has loads of cash, and is still sitting in the tank?!!</i> Why, yes! He is! (The cash, by the way, also makes him a flight risk, pardon my peeve...) Anyway, he's still in jail for now -- that could change. But in the mean time, we're grateful. We're not sure of the exact sequence of events following Wednesday's hearing, but we do know the following:<br /><ul><li>Katie Swart (our prosecutor, whom we love) quickly filed an emergency appeal which hasn't been ruled upon yet.</li><br /><li>John has been having trouble finding a bail bond agent who's willing to sign him up. The reason for that is not public information. But given the fact that they'll lose $400,000 if he doesn't behave himself during his release, I'm thinking that <i>might</i> be a factor. (Observe the subtle hint of sarcasm.)</li></ul><br /><br />The moral of this story is that sometimes bail bond agents are smarter than Circuit Court judges. Go figure. I'm just grateful he's still in jail, and I hope he doesn't get out.<br /><br />Sooner or later, we'll see how this soap opera plays out. That is to say, <i>"Join us next time for more thrilling drama</i> (as we rip our hair out) <i>in "As the Bail Turns!"</i> Yadda, yadda, yadda...<br /><br />~ Lisa<br /><br /><sup>1</sup> The statute regarding admission to bail reads as follows: "The judicial officer shall presume, subject to rebuttal, that <b>no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public</b> if the person is currently charged with...an offense for which the maximum sentence is life imprisonment..." (Code of Virginia, §19.2-120.B, emphasis added).<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.com1tag:blogger.com,1999:blog-425473547507431725.post-83466246793014642142007-07-31T17:00:00.000-04:002007-08-04T10:01:51.256-04:00Talks From the FuneralsHello - Many people have requested copies of certain talks given at the funerals. Here they are, along with some comments.<br /><br />First is the eulogy. There are two versions of it, one from each funeral. The main difference between them is that the first one (given in Centreville, Virginia) contains a message from us to his assailant. It was quite therapeutic at the time, and I'm glad we put it in there. For the second funeral (in Riverton, Utah), however, we decided we didn't want to perpetuate the same level of anger, so we took that part out. There were also a few other minor changes, but nothing worth enumerating here.<br /><br />So here they are (click on the links): <a href="http://zoeshuman.googlepages.com/eulva.pdf" target="_blank">The Virginia eulogy</a> and <a href="http://zoeshuman.googlepages.com/eulut.pdf" target="_blank">the Utah eulogy</a>. Also, shown below in this post are a couple of photos relating to stories we shared about Todd.<br /><br />Also very much in demand has been Mark's talk on forgiveness, which was delivered in the same form at both services. It really is excellent, and I highly recommend reading it. We have actually been discussing submitting a modified version of it for publication in <i>The Ensign</i>. We'll see how that goes. Anyway, <a href="http://zoeshuman.googlepages.com/marktalk.pdf" target="_blank">here's the link for that one</a>.<br /><br />And here's Todd!<br /><br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://zoeshuman.googlepages.com/Aslan.jpg"><img style="margin: 0pt 10px 10px 0pt; float: left; cursor: pointer; width: 320px;" src="http://zoeshuman.googlepages.com/Aslan.jpg" alt="" border="0" /></a><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />Here's Todd as Aslan the lion in <i>Narnia</i>. I'm not sure of the date, but I think it was maybe two years ago. It was definitely while he was living in Ridgecrest.<br /><br /><br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://zoeshuman.googlepages.com/bringScott.jpg"><img style="margin: 0pt 10px 10px 0pt; float: left; cursor: pointer; width: 320px;" src="http://zoeshuman.googlepages.com/bringScott.jpg" alt="" border="0" /></a><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />Home for the Holidays in 1999: Here's Todd "lovingly obeying his mother" by bringing Scott for dinner. ;-) Some things we thought would never change! (*Sigh!*) Scott's face has been blocked out for security reasons -- we don't want John knowing what he looks like.<br /><br />We miss you, Todd!<br /><br />Love,<br />Lisa<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-83596113066637186172007-07-24T12:38:00.000-04:002007-08-04T09:53:49.037-04:00Programs from the FuneralsHello - Here are scanned copies of the programs we used at each of the funerals. Thanks, Carrie!<br /><ul><br /><li><a href="http://zoeshuman.googlepages.com/FunPrg-VA.pdf">Centreville, Virginia</a>, July 6, 2007</li><br /><li><a href="http://zoeshuman.googlepages.com/FunPrg-UT.pdf">Riverton, Utah</a>, July 14, 2007</li><br /></ul><br /><br />Love,<br />Lisa<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-30343153171251371032007-07-21T09:26:00.000-04:002007-08-04T09:57:04.721-04:00Thank YouOur special thanks to Detective Steven Shillingford as well as to everyone who has helped him in any way with this investigation. You are all doing a wonderful job and your efforts are greatly appreciated.<br /><br />Carma & David<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Carma Rogershttp://www.blogger.com/profile/07493062983684070939noreply@blogger.com1tag:blogger.com,1999:blog-425473547507431725.post-26643419868752538942007-07-21T08:45:00.000-04:002007-08-04T10:02:49.231-04:00IT'S A GREAT BLOG!Thank you, Lisa, for creating such a great blog in Todd's memory. I miss Todd. We all miss Todd, and I'm so sad his life ended the way it did. However, the Lord always blesses us as we fight life's battles. He has sent us the Comforter who has given us peace in our hearts. <br /><br />It has been interesting to go through the grieving process, and we have definitely been going through the “refiner’s fire.” Sometimes I cry, sometimes I laugh when I think of fond memories, sometimes I worry about Todd’s siblings and Carrie as they struggle to deal with the pain, sometimes I'm angry with John that he would take Todd's life in such a senseless way, and sometimes I praise the Lord for his blessings and peace. What an emotional rollercoaster!<br /><br />Given time, I will definitely forgive John for what he has done. However, John won’t really benefit from this because he doesn’t need my forgiveness. What he needs is God’s forgiveness, and I suspect that’s going to be pretty hard to come by. I must forgive for my own benefit and because God has commanded it. I have no desire to wallow in anger and self pity over what has happened which would, in the end, make me a bitter and cantankerous person. I want to let it go, and I can let it go with Heavenly Father’s help. Forgiveness is a process that can take a long time – maybe even years. Forgiveness is also a gift from God and we can’t achieve it without His help.<br /><br />Thank you to the many friends and loved ones who have reached out to us and prayed for us. Your prayers have definitely helped. We are so appreciative of your support.<br /><br />Love,<br />Carma<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Carma Rogershttp://www.blogger.com/profile/07493062983684070939noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-67780544420603501822007-07-19T21:08:00.001-04:002007-08-04T09:56:18.760-04:00Todd's VoiceHello - I'm posting a .wav file of the very last voice message I received from Todd. It was left late in the day on Friday, June 29th, a little over 24 hours before the assault. He had taken off work that day, and he and Carrie went to the temple together. (That's when they took the picture you see on the left.) While they were inside, they happened to run into Norm Wendel, our old high school music teacher from Taylorsville, Utah! It was such a surprising reunion, he wanted to call and tell me about it!<br /><br />Anyway, after the temple, Todd and Carrie went ring shopping. The next day, Saturday the 30th, was also a beautiful day that Todd spent with loved ones. We're so grateful for those final hours that we had with him! Now, it seems strange to cherish something as ordinary as a message left on voice mail, but what can I say? I miss Todd!<br /><br />Click <a href="http://zoeshuman.googlepages.com/frivm.wav">here</a> to access the sound file. I'm afraid it's rather large, around 1M, but well worth listening to!<br /><br />Love,<br />Lisa<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.com2tag:blogger.com,1999:blog-425473547507431725.post-45260234955487921172007-07-17T14:13:00.000-04:002007-08-04T09:55:51.991-04:00Adding blog feed to your Google home pageIf you want to, you can now add a feed from this blog to your personalized Google home page. Just click on the button.<br /><br /><a href="http://fusion.google.com/add?feedurl=http%3A//feeds.feedburner.com/ToddJRogers"><img src="http://buttons.googlesyndication.com/fusion/add.gif" width="104" height="17" border="0" alt="Add to Google"></a><br /><br />Love,<br />Lisa<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Lisa Rogershttp://www.blogger.com/profile/11246567943777327162noreply@blogger.com0tag:blogger.com,1999:blog-425473547507431725.post-32053828171925473052007-07-15T09:31:00.001-04:002007-08-04T09:55:38.977-04:00EvidenceNot that anyone would, but for those who may publish to this blog, this is a friendly reminder to please not write about any witnesses and/or evidence, related to this case in this forum. That information may be shared here after the case has been to trial.<br /><br />However if anyone has <span style="font-style: italic;">any</span> information regarding the case (good or bad), please do share it with the Fairfax County Police Department as soon as possible. Contact information is posted below.<div class="blogger-post-footer">inmemoryoftodd.blogspot.com</div>Scotthttp://www.blogger.com/profile/09472254620130501819noreply@blogger.com1