Tuesday, November 23, 2010

TRIAL GOES FORWARD

Judge William Alexander II ruled on November 22, 2010, that the lawsuit against Virginia Tech President Charles Steger and former Executive Vice President James A. Hyatt will go forward, and he set September 2011 for the trial date. Steger and Hyatt are being sued for $10 million by the parents of Julia Pryde and Erin Peterson, two of the students killed on the April 16, 2007 massacre. The other families of the dead and wounded settled with the state, in part to assure that the wounded students’ medical bills would be paid.

In an earlier challenge to the suit, Judge Alexander ruled there is enough evidence of gross negligence to warrant a jury trial. His latest decision reaffirms that decision and denies the defense argument that Steger and Hyatt are protected by sovereign immunity—a doctrine rooted in monarchical traditions that states the state and its institutions are free from lawsuits or grievances. In rendering his decision, Judge Alexander said, “I don’t see President Steger as helping to run the government.”

Robert Hall, the attorney for the Pryde and Peterson families, argued that only 25 percent of Steger’s $600,000 annual compensation comes from state funds. According to the Richmond Times-Dispatch, Hall asserted that because Steger is allowed to serve on the governing boards of companies doing business with the school and its affiliates (conflict of interest?), his job is inconsistent with being a government official.

Thursday, November 18, 2010

VIRGINIA TECH CONFERENCE

I HAD THE HONOR OF BEING INVITED TO PARTICIPATE IN VIRGINIA TECH’S INTERNATIONAL SUMMIT ON TRANSDISCIPLINEARY APPROACHES TO VIOLENCE PREVENTION AND THE STUDENT RESEARCH SYMPOSIUM ON VIOLENCE PREVENTION HELD IN BLACKSBURG FROM NOVEMBER 12 TO 14, 2010. I DEVOTED MY TIME TO THE STUDENT SYMPOSIUM, WHERE I HEARD INCREDIBLY IMPRESSIVE AND DEDICATED YOUNG PEOPLE TALK ABOUT VIOLENCE PREVENTION. LISTENING TO THE IDEAS OF THOSE DEDICATED AND BRIGHT YOUNG STUDENTS WAS TRULY AN INSPIRATION.

THE FOLLOWING ARE MY COMMENTS AT THE OPEING SESSION I FACILITATED:

THANK YOU PROFESSOR NOWAK FOR SPONSORING THIS SYMPOSIUM. I MUST BEGIN BY SAYING THAT I AM SOMEWHAT CONCERNED THAT WE ARE SITING ON THE CAMPUS WHERE THE MOST HORRIFIC MASS MURDER TOOK PLACE IN THIS COUNTRY’S HISTORY—WE ARE ATTENDING AN INTERNATIONAL CONFERENCE AND A SYMPOSIUM ON VIOLENCE PREVENTION, AND YET THERE HAS BEEN NO MENTION OF THAT TRAGEDY. I FIND THIS FACT TROUBLING. SO, AS A TRIBUTE TO THE MEMORY OF THOSE 32 INNOCENT VICTIMS OF APRIL 16, 2007 SLAUGHTER, I WOULD LIKE TO DEDICATE THIS SESSION TO THEIR MEMORY.

I WOULD ALSO LIKE TO RECOGNIZE YOU PROFESSOR NOWAK. ALL OF US HERE KNOW THAT YOU LOST YOUR WIFE IN THE SHOOTING. YOU AND YOUR FAMILY PAID A TERRIBLE PRICE THAT APRIL DAY, YET YOU HAVE TURNED A TRAGEDY INTO SOMETHING EXTREMELY POSITIVE, “THE CENTER FOR PEACE STUDIES & VIOLENCE PRVENTION,” WHICH IS SPONSORING THIS SYMPOSIUM. I KNOW I SPEAK FOR EVERY ONE IN THIS ROOM IN EXPRESSNG THANKS AND ADMIRATION FOR YOUR WORK. SPECIFICALLY THE ESTABLISHMENT OF THE “CENTER FOR PEACE STUDIES AND VIOLENCE PROVENTION” WHICH IS AN OUTSTANDING AND FITTING WAY TO HONOR THE MEMORY OF THOSE 32 INNOCENT INDIVIDUALS.

IT IS AN HONOR FOR ME TO SIT ON THIS PANEL –I BELIEVE THAT IT IS ABSOLUTELY CRITICAL TO BRING IN THE MINDS AND IDEAS OF YOUNG PEOPLE SUCH SEATED IN THIS ROOM INTO TACKING THE PROBLEM OF VIOLENCE,—ESPECIALLY IF WE ARE EVERY TO MAKE PROGRESS IN PREVENTING THE ALL TOO FREQUENT SLAUGHTER THAT HAS OCCURRED ON OUR NATION’S CAMPUSES.

WHEN PROFESSOR NOWAK ASKED ME TO PARTICIPATE, I ASKED WHAT DO YOU WANT ME TO SAY? HE SAID PERHAPS SOMETHING ABOUT YOURSELF AND YOUR BACKGROUND. THIS SYMPOSIUM, HOWEVER IS NOT ABOUT ME; IT IS NOT ABOUT ANYONE IN ATTENDENCE OR THE PEOPLE SPEAKING, IT IS ABOUT FINDING WAYS TO PREVENT VIOLENCE. IF ANYONE WANTS TO KNOW MORE ABOUT ME, I HAVE A SHORT BIO YOU CAN PICK UP AT THE END OF THE SESSION. IF ANY OF YOU SUFFER FROM INSOMNEIA, PICK UP MY BIO—YOU WILL BE SOUND ASLEEP AT THE END OF THE SECOND SENTENCE.

WHAT I WANT YOU TO KNOW IS THAT MY JOURNEY IN THIS QUEST TO FIND ANSWERS TO PREVENTING WANTON VIOLENCE BEGAN ON JANUARY 16, 2002, WHEN THE MOTHER OF MY OLDEST GRANDCHILD WAS GUNNED DOWN ON THE CAMPUS OF THE APPALACHIAN SCHOOL OF LAW—LESS THAN 200 MILES FROM WHERE WE SIT.

THE PARALLELS BETWEEN THAT SHOOTING AND THE SHOOTINGS HERE AT VIRGINIA TECH ARE FRIGHTENING. PARALLELS IN THE PROFILES OF THE KILLERS, PARALELS IN THE FAILURE OF PEOPLE IN POSITIONS OF AUTHORITY TO HEED THE WARNING SIGNS, PARALLELS IN THE POOR RESPONSES AT THE TIME OF THE SHOOTING (IN BOTH CASES COSTING LIVES), AND PARALLELS IN THE LACK OF CANDOR IN RAISING QUESTIONS AS TO WHAT WENT WRONG. THERE WERE ALSO FAILURES TO IDENTIFY INDIVIDUALS WHO FAILED IN THEIR RESPONSIBILITIES (AND TO HOLD THEM ACCOUNTABLE), FAILURES OF LAW ENFORCEMENT OFFICIALS TO DO THEIR JOBS, AND A WILLINGNESS OF POLITICIANS ON BOTH SIDES OF THE ISLE TO GLOSS OVER HARSH REALITIES OF BOTH TRAGEDIES AND IN SO DOING, TO CREATE A COVER-UP.

ONE LAST THING—BEFORE THE PAPERS ARE PRESENTED. I TAKE NO MONEY FOR ANYTHING I DO RELATED TO THE SHOOTINGS AT THE APPALACHIAN SCHOOL OF LAW OR VIRGINIA TECH. I HAVE WRITTEN A BOOK ENTITLED “A QUESTION OF ACCOUNTABILITY: THE MURDER OF ANGELA DALES” THAT DISECTS THE LAW SCHOOL KILLILNGS. ALL OF THE PROCEEDS FROM THAT BOOK GO TO MY GRANDCHILD AND CHARITIES HERE IN VIRGINIA. I WORK CLOSELY WITH THE FAMILIES OF THE VICTIMS OF THE VIRGINIA TECH SHOOTING, BUT DO NOT SPEAK FOR THEM. MY TEXT BOOK ON INTELLIGENCE AND CRIME ANALYSIS (DUE OUT IN THE SPRING OF 2011) CONTAINS A MAJOR CASE STUDY EXERCISE EXAMINING THE FATALLY FLAWED GOVERNOR’S REVIEW PANEL REPORT ON THE SHOOTINGS HERE AT TECH.

AT THE REQUEST OF SOME OF THE VIRGINIA TECH VICTIMS’ FAMILIES I WROTE AN ANALYSIS OF THE GOVERNOR’S REVIEW PANEL REPORT AND THE ADDENDUM TO THAT REPORT. IF ANY OF YOU ARE INTERESTED IN COPIES OF THOSE TWO DOCUMENTS, I HAVE CLIP BOARD AND PLEASE PUT YOUR NAME, ORGANIZATION OR SCHOOL YOU REPRESENT, AND YOUR EMAIL ADDRESS. FOR OTHER WRITNGS OF MINE ON THE SCHOOL SHOOTINGS—YOU CAN ACCESS MY BLOG BY GOING TO MY WEB SITE—WWW.AQUESTIONOFACCOUNTABILITY.COM

AND NOW, I WOULD LIKE TO INTRODCE THE FIRST SPEAKER.

SENATOR WEBB RESPONDS

Senator Webb’s office phoned yesterday (November 17, 2010) to say that the final version of the Department of Education’s report on the mass killings at Virginia Tech would be out in the next two weeks. Both Virginia senators have now responded to the letter I sent them in August asking for the status of the report.

I have yet to hear from Congressman Rob Wittman, a graduate of Virginia Tech. Wittman has been singularly unresponsive to any request I have made regarding the events of April 16, 2007. What a shame, and we just re-elected him. You would think that as part of the “Hokie Nation,” Wittman would be in the forefront of the quest for answers. Apparently not.

Tuesday, November 9, 2010

RESPONSE FROM WARNER—MORE DOUBLE_TALK

The following is the letter I received from Senator Warner dealing with my inquiry concerning the delay in the publication of the Department of Education’s report on the Virginia Tech tragedy. I also include the letter from the Department of Education to Senator Warner. Please note the run-around and the lack of response to my specific questions. My initial request was dated August 14, 2010 and was sent certified return receipt mail to Senators Warner and Webb and Congressman Whittman. I asked for information on when the Department of Education’s report on Virginia Tech would be released. I received nothing from Senator Webb and nothing from Congressman Whitman. Today is November 9, 2010. Nearly two months of silence and referrals—all I want to know is when the report will be published.

October 28, 2010

United States Senate

Dear Mr. Cariens,

Enclosed you will find the response from the U..S. Department of Education to my inquiry on your behalf. I hope that the information provided will be helpful and responsive to your specific concerns.

My staff and I stand ready to be of assistance to you in any other matter that is of concern to you. Thank you.

Sincerely,

(Signed)

Mark R. Warner

United States Senator

Now for the Department of Education:

United States Department of Education

Office of Legislative and Congressional Affairs

October 14, 2010

Honorable Mark Warner

United States Senator

Washington, DC 20510

Dear Senator Warner,

Thank you for your letter on behalf of David S. Cariens, Jr. I appreciate your interest in this matter and have referred your letter to the Office of Safe and Drug-Free Schools for a direct reply. That office has the expertise to assist your constituent. I am confident they will make every effort to be helpful.

If this office can be of further assistance, please feel free to contact my staff or me.

Sincerely

(Signed)

Gabriella Gomez

Assistant Secretary

Office of Legislation and Congressional Affairs

Thursday, November 4, 2010

Northern Neck News

I was interviewed by the Northern Neck News on October 28th. Below is the article that appeared on November 2, 2010, based on that interview.

NORTHUMBERLAND COUNTY

Burgess man is a voice of accountability

By Dianne Saison

The tragic murder of a family member was crippling, but the subsequent lies and cover-up are what forced a Burgess man into action.

David Cariens, Jr., a retired CIA officer with 31 years of experience in criminal and political analysis, had once looked forward to spending his retirement surrounded by family at his Northumberland home. However, on one cold winter morning, everything changed.

“We had heard about a shooting at the Appalachian School of Law and we were worried, but we never thought it would be our Angie,” Cariens said.

What followed would bring Cariens out of retirement and into the spotlight of victim’s rights advocacy.

Angela Dales, a student at the school, was the mother of Cariens’ eldest grandchild and a much-loved family member. She had recently made plans for both she and her daughter to move in with the Cariens while she interned in Richmond.

“Angela was a wonderful human being. She was pretty and vivacious and had the type of personality that was magnetic,” Cariens said. “She epitomized all that life should be.”

On Jan. 16, 2002, Dales was studying at the school lounge when the unthinkable unfolded.

Peter Odighizuwa, a native of Nigeria, had a history of mental health issues. His tenure as a student at the School of Law was riddled with numerous altercations involving both students and faculty.

In the weeks preceding the shooting, numerous media outlets reported that faculty members had voiced concerns to school administrators about Odighizuwa. Citing fears for their safety, the faculty requested that security measures be taken, but their pleas fell on deaf ears.

On Jan. 15, after failing the semester, Odighizuwa was dismissed from the school.

The following morning, Odighizuwa arrived at the campus and engaged in an altercation with Professor Dale Rubin over his recent dismissal. Despite Odighizuwa’s erratic behavior during the exchange, Rubin failed to report the incident to either the police or school staff, instead leaving campus to go to lunch.

Within hours of the incident, Odighizuwa returned to the campus with a loaded .380 semiautomatic pistol. He proceeded to the administration building where he shot, execution style, Dean Anthony Sutin and Professor Thomas Blackwell. Odighizuwa then ventured downstairs to the student lounge, walked up to Dales and fired three rounds into her at point blank range. After shooting three more female students, Odighizuwa was taken down by fellow students and apprehended by the police.

In the ensuing chaos, Dales was left unattended. Despite the close proximity of the school to the local hospital, she went without medical attention for nearly an hour while medical professionals mistakenly assumed she had been mortally wounded.

According to Cariens, the lack of immediate medical attention contributed to Dales’ death.

“She was shot in the neck, shoulder and chest,” Cariens said. “When the doctor arrived he had wrongly assumed she had been hit in the carotid artery and that nothing could be done. While she bled to death, they helped the less injured.”

Cariens added that had the doctors or police followed the basic rules of triage, Dales would have had a good shot at surviving the shooting.

“We wanted to know why Angie wasn’t evacuated immediately,” Cariens said.

He added that the lack of accountability extended from medical personnel to the highest offices at the college.

""The school ignored the warning signs and the result was the death of innocent people,” Cariens said, adding that Odighizuwa’s behavior had been ignored or excused for many years.

In the months fol lowing the shooting, the Dales and Cariens families looked to the school for answers as to why a known, mentally unstable individual had been allowed on campus and why, after the first shooting, an emergency evacuation of the school had not been ordered.

According to Cariens, their grief was met by evasiveness and deception, which culminated in a meeting where police stonewalled the families after they asked about Odighizuwa’s prior criminal history and recent email threats that Dales had received.

“I left that meeting furious. Did they think we were stupid?” Cariens asked. “Having been lied to and yelled at was the turning point.”

Following the meeting, Cariens began writing his recent book, “A Question of Accountability: The Murder of Angela Dales.” The book details the shooting and the alleged cover up that followed.

According to Cariens, while Angela’s death nearly paralyzed him with grief, writing the book nearly killed him.

“I was [physically] sick almost every day that I was writing it and I subsequently came down with cancer,” he said. “My wife said that I had to stop, but I couldn’t. It took over two years to complete.”

Cariens said he was not the only one suffering from illness. After the shooting, Dales’ father was diagnosed with stressinduced spinal meningitis, an illness he continues to struggle with today.

“These are the stories no one hears about, what happens after [a tragedy],” Cariens said.

While helping the Dales family pursue a lawsuit against the school, Cariens began advocating for better regulations in Virginia’s mental health system and regulations regarding the purchase of guns.

“I think it is a given that we could absolutely reduce crime if we could put more money into mental health,” Cariens said, adding that the recent $1.5 billion found in VDOT accounts could be used for things more important than infrastructure repair.

“I would rather the toilets [at highway rest stops] remain closed and spend the money on mental health [programs]. To not do so would be poor judgment,” he said.

Cariens’ advocacy also has brought him into the spectrum of victims’ families from the 2007 Virginia Tech shooting, many of whom he now works closely with.

Cariens, who has actively criticized the events following the initial shooting at Virginia Tech, claims the school violated the Cleary Act, which requires colleges and universities across the United States to disclose information about crime on and around their campuses.

“The critical issue at Virginia Tech is what happened after the first homicides,” Cariens said. “You have bloody footprints leading away from a crime and two or three hours later 30 people are dead. What was law enforcement doing in that critical timeframe?”

On Nov. 12, Cariens will act as chairman and give opening remarks at the first International Summit and Student Symposium on Violence Prevention and Conflict Resolution at the Virginia Tech campus.

Cariens also has traveled the world, teaching intelligence and criminal analysis to various governmental agencies from Canada to Singapore. He has incorporated his book and his experiences at both Appalachia and with Virginia Tech into his lectures. His next book, “Critical Thinking Through Writing: Intelligence and Crime Analysis,” includes a case study of what he believes to be a major cover-up in the former Gov. Tim Kaine’s Review Panel Report on the Virginia Tech massacre.

“If you want to see classic use of passive voice to cover up a crime, read that report,” Cariens said.

While he holds the administrators of Appalachia and Virginia Tech personally responsible for the tragedies, he said the issues of school safety remain societal. He hopes that students and government officials will understand that change needs to occur if Virginia wants to protect its students.

“No matter what people’s political leanings are, we should all work in tandem to bring greater security to our schools,” he said. “Both shootings were inevitable because of bureaucratic incompetence. Until we hold people accountable for school shootings, they will not stop.”

The proceeds of Cariens book are split between his granddaughter and charities on the Northern Neck. He has not made any money from either the book or his advocacy. For more information, visit www.aquestionofaccount ability.com .

Sunday, October 10, 2010

ONLY SENATOR WARNER HAS RESPONDED

In mid-August, 2010, I send a letter to Virginia Senators Warner and Webb as well as Congressman Whittman asking that they check into the delay in releasing the final report of the U.S. Department of Education’s findings that Virginia Tech violated federal law (the Clery Act) on the April 16, 2007. Only Senator Warner has replied. Below is his letter:

United States Senate

Washington, D.C. 20510-4606

September 16, 2010

Mr. David Cariens

1666 Balls Neck Road

Kilmarnock, Virginia 22482

Dear Mr. Cariens,

Thank you for contacting me regarding the delay in DOE’s final report on the mass murder at Virginia Tech. I’ve taken the liberty of contacting the U.S. Department of Education on your behalf asking hat they review your concerns and get back to me with a detailed and appropriate response.

As soon as I receive a reply, I will again be in touch with you. Please do not hesitate to contact me about other matters that are of concern to your.

Sincerely,

Mark R. Warner (signed)

United States Senator

Wednesday, September 15, 2010

THE BLACK SWAN REVISITED

Virginia Tech cited the “Black Swan” concept in defense of itself following the Department of Education’s findings that it violated federal law—the Cleary Act—on the morning of April 16, 2007, by not warning students, faculty, and staff of an imminent threat.

I have now read Nassim Taleb’s “The Black Swan” and nothing could be further from the truth. The school’s use of the “Black Swan” defense is tantamount to intellectual dishonesty. What a shame that a great academic institution stooping to such duplicitous measures. The school’s willingness to distort the “Black Swan” is yet another indication of how bankrupt its position is. In fact, Tech’s willingness to distort the “Black Swan” as it desperately grasps for excuses only underscores the indefensible actions of the Steger administration.

If you read Taleb’s book, he says that a “Black Swan” event has several characteristics. First and foremost is that nothing in the past can point to its possibility. Here he cites a turkey that is fed lots of food for months on end, and then a few weeks before Thanksgiving, the farmer cuts off his head. For the turkey, nothing pointed to its imminent demise—the head-lopping was a total surprise; it was a “Black Swan.”

Was that true in the case of Cho and Virginia Tech? I don’t think so. Do I really have to repeat all the warning signs? How many times does the Steger administration have to be reminded that an English professor threatened to resign unless Cho was removed from her class? She feared for the lives of her students and herself. Does the school really have to be told again that a judge ruled that Cho was an imminent danger to himself as a result of mental illness? Has the school forgotten that Cho’s behavior toward women got him into trouble with campus police? Circuit Court Judge Alexander has ruled that there is ample evidence of negligence on the part of school President Steger and others—enough evidence for a lawsuit to go forward against them. I could go on and on.

The school neglects to tell the reader that Taleb also says that “some events can be rare and consequential, but somewhat predictable, particularly to those who are prepared for them and have the tools to understand them… .” Taleb calls these events “near Black Swans.” The events of April 16, 2007, appear to fall into that category. I would remind Virginia Tech that just because something is unlikely, does not mean that it is not predictable. There was ample evidence that Cho might harm himself or others and the school found every excuse it could to avoid confronting those indications and doing something about them.

No matter how much the Steger administration twists and turns, the facts are the facts. The school’s inaction before the tragedy of April 16, 2007, makes the Steger administration liable for the murders that terrible day.