SEARCHING FOR ANSWERS, SEARCHING FOR JUSTICE

For two years after the law school murders we waited for the truth; we got no real answers; the anger built. I am not wealthy, I am not clever, I have no influence. I am no different from any man—the flaws, the strengths—the lies were infuriating. How do I fight back? The sense of hopelessness mixed with frustration was overpowering. The one thing I can do is write; I am a professional writer. For 31 years I had made my living as a political analyst, writer, and writing instructor.

My answer has been to write. But, the conservative press in Virginia has frequently declined to print my words. I can write for all levels of the U.S. government—the NSC, members of congress, the cabinet, the President’s Daily Brief—but, my words more often than not, do not reach the threshold for the Richmond Times-Dispatch, the Roanoke Times, or The Fredericksburg Freelance-Star. (I know it is fashionable to rant and rave about the liberal bias of the national media, but at the local level in Virginia, it is the exact opposite—a conservative bias.)

These same newspapers however, gave extensive coverage to Odighizuwa’s words, his ramblings from his jail cell. The words of the murderer made better copy than the words of the victims’ family. Clearly, Peter Odighizuwa’s tirades will sell more newspapers. A few smaller Virginia newspapers did print my words and for the Dales and Cariens families, seeing our words and thoughts in print has helped us come to terms with our grief, and our frustration. We began to think that perhaps our words could bring about legal reforms to help prevent future violence on school grounds, but we did not have a 9/11 Commission to listen to us. The second anniversary was approaching and the pressure was building in me to say something; to do something!

When I raised the idea of writing about the Appalachian School of Law murders the murders, my ex-wife, strongly objected. She repeatedly told me not to write anything. “These people carry guns, you travel, I am here all the time. I don’t want to be watching television and have bullet come through the window!”

I tried to say she was exaggerating, but I could not.

She reminded me of the hostility we had encountered from our neighbors because our ideas on politics and religion differ from theirs. These are Christians who shudder at any four-letter word, but get falling down drunk. They are people of faith who refer to the black workmen as “monkeys.” She reminded me of these facts. “This is the climate we live in,” she said. “Have you forgotten that if you even hint that you disagree with these people they become irrational!”

There was no convincing her. How could I argue? In the wake of Angie’s murder, how could I argue that my neighbor would not reach into his gun vault in a fit of rage and kill me, my wife or a member of my family? I could not. I had no argument. I remained silent as if to acquiesce, but inside I knew I had to say something—for me, for the Dales, for Angie, for Rebecca—for all of us.

In January 2004 Janice spent nearly two weeks in up state New York helping her brother settle into his new home. This was my chance. The house was quiet, just the dog and me.

In the months before Christmas, I had thought a great deal about what to say. Indeed, Angie’s murder was rarely far from my thoughts. I wanted to write an article. My work took me back and forth to northern Virginia frequently. I had used that time to listen to my favorite CDs and formulate my thoughts. By the time Janice left I was ready to write. In one day, in one four hour period, the article poured out of me. By the time I was finished I was weak. Two years later, it all came back: The anguish, the pain the tears, the horror. The tears streamed down my face, ‘things’ were not better, two years later it hurt just as much! The article I wrote appeared in two Virginia newspapers—but not the Richmond Times-Dispatch, The Roanoke Times, or the Fredericksburg Freelance-Star:

“SEARCHING FOR ANSWERS; SEARCHING FOR JUSTICE”

The Rappahannock Record (2004)

“Everyone sympathizes with the families when innocent men, women and children are gunned down in the all-to-frequent acts of violence in this this country. Who didn’t agonize for the families and victims of Columbine?

“Every parent feels a deep sickness in the pit of the stomach when there is a school shooting—a sickness mixed with relief that thank God, my child was not killed.

“One day it is your child, or it is a member of your family. Two years ago a disgruntled student shot and killed the mother of our granddaughter,

“Angie Dales, and two faculty members at the Appalachian School of Law in Grundy, Virginia. Two long years of pain and tears. I have watched Angie’s father nearly die from the anguish and stress; I have watched the grief on Angie’s mother’s face deepen as she copes with the tragedy; I have watched our granddaughter go—in a split second—from an exuberant seven year old to a morose child. The two-year journey since January 16, 2002 has been terrible.

“Time does not heal. Time allows you to come to terms with what has happened—some wounds never heal. How do you “heal” the hours of screams from a seven-year-old when she is told her mother has been gunned down?

“Time helps you live with the anger and rage stemming from the fact that a human being bled to death because she did not get help—when the hospital was six minutes away. Time allows you to think about her plea not to let her die—without losing your mind.

“Those of us left behind spend hours and days saying if only she hadn’t been in the student lounge, if only she had not cancelled her lunch with a friend.

“But she was there.

“In the search for answers we look for warnings, indications of violence. Could this shooting have been prevented? Yes! Were there were warnings that should have alerted authorities to the potential for violence at the school? Yes!

“The indicators were there. They were clear; there were many. The Appalachian School of Law had no campus security on January 16, 2002.

“Peter Odighizuwa, the gunman, was a threat. Indeed, he was such a threat to the staff, that one employee—fearing for her safety—had had him banned from her office. Others expressed their alarm to school officials, yet nothing had been done. He had argued and fought with students and staff alike. Yet nothing was done. The school did nothing and ignored all the warning of danger time and time again.

“Odighizuwa was not the only threat on campus. A year before Angie was murdered, she received the following from a fellow student after her computer accidentally sent a virus to another student:

“You f..king cocksucker, If you ever try to send me another

virus again, I will track you down, cut your nipples off, and

stick jumper cables in you and conned them to my truck.

I’m not bullshitin. May the sheriff will find you hanging

from a tree in Longbottom.”

“The e-mail was reported to the school and to the police, but the investigation turned up “nothing.” No realistic investigation was conducted, and still there was no campus security. The family’s request to see the police investigation of the e-mail has been denied. We have been told it is “confidential.” Even the State Police promise to retrieve the report from Richmond and answer our questions has never been met—after months of waiting.

“Indeed, a State Highway patrolman has angrily lectured us. He told the family we should be content the Mr. Odighizuwa will get his punishment in the hereafter. We should be content with that! The police claim they do not know who wrote the e-mail and that there is no connection to the murders on January 16^th.

“How would they know there is no connection if they do not know who wrote the e-mail?

“In any case, there was a connection, because this was one more warning of danger to students that the law school knew about, but took no precautions for the safety of their students.

“Our two-year journey has taken us to schools throughout Virginia. Is it

unreasonable for us—or any parent—to ask that a school have campus security?

“No. Between 30 and 40 Virginia colleges and universities contacted—all sizes, private, and public—have campus security predating September 11^th. The Appalachian School of Law had none.”  (To be continued)

RICHARD GERSHBERG, ESQ.

Following the infamous meeting in the Commonwealth Attorney’s office and our meetings with the apathetic attorneys, I turned my attention again to finding an attorney. I told our son, then living in Baltimore, about our problems and my determination to get legal help. He said he had heard of a very good Maryland lawyer named Richard Gershberg. Perhaps he might be the person we were looking for; or he could steer us in the right direction. I phoned his office and made arrangements to come to Baltimore on Monday, February 10, 2003.

Mr. Gershberg lived up to his advance billing. He listened politely as I went over our situation, the case as I saw it, and the problems we had had in finding a lawyer in Virginia. He said premises liability was not his specialty, but he was willing to take the case. He then said, “Are you sure you want me? I have been told I have the look.” For a moment I was not sure what he meant. Then I realized it was the fact that he was Jewish. My response was, “I am not looking for spiritual guidance, I am looking for a good lawyer.” I should have added, “you appear to fill that requirement.”

At last, it appeared we had our attorney. Janice and I would not be parties to the lawsuit. The suit would be filed on behalf of our granddaughter, Rebecca, by the trustees of Angie’s estate, her parents. We subsequently made plans for me to drive Rick Gershberg to the Dales home outside Grundy. That trip took place in April 2003. There, the arrangement was sealed. All parties got along well. Rick Gershberg was honest and straightforward about our chances—an uphill battle. But, it was a battle we all wanted to wage.

Rick Gershberg joined forces with the attorneys for the three wounded students: Emmitt Yeary of Abingdon, Virginia and E. Brent Byson of Las Vegas, Nevada, and on January 15, 2004 filed a $22.8 million civil law suit in the Wise County Circuit Court against The Appalachian School of Law, law school President Lucius Ellsworth, and Professor Dale Rubin. (To be continued)

·       

CAROLYN McCARTHY

After so many false starts in trying to find a lawyer, I contacted the office of New York congresswoman Carolyn McCarthy. Congresswoman McCarthy’s husband had been gunned down in the Long Island train shootings several years earlier. Her office staff listened sympathetically to me. Several days later they called back and recommended that I get in touch with Mr. Brian Siebel at the Brady Institute.

Mr. Siebel and the Brady Institute were helpful, but indicated our type of lawsuit was not what they dealt with. They specialize in cases centering on the way guns are accessed—how did the shooter get the gun? Mr. Siebel said that a person who is subject to a restraining order cannot buy or possess a gun. Unfortunately, this does not apply here. Peter Odighizuwa’s wife never got a restraining order. If she had it would have been unlawful to sell him a gun. Later, Siebel expressed sympathy with our plight and recommended a Washington D.C. attorney, Pat Malone.

Again, we told our story. Mr. Malone listened to me, but said he could not take the case. He referred me to Virginia attorney Ben Glass in Fairfax. Mr. Glass was very interested in our case, but said that in his opinion it should be pursued under the statutes pertaining to premises liability. Here, he recommended Peter Everett, one of Virginia’s leading specialists in this field.

“Run the facts of your case by Everett,” he said. If he thinks you have a case, “I would be happy to work with him.” He also indicated that if Everett were too busy to take the case he, Glass, would.

“DO WE HAVE A CASE?”

On June 15, 2002, I e-mailed Mr. Everett’s office outlining our case and giving him the facts as I knew them. Nearly a month went by before he responded. Everett said that he had spoken with a law firm in Covington, but they were “skittish” because of “the distance.” The Covington law firm indicated they were going to talk to a law firm in Grundy.

The result was Mr. Everett found no law firm in or around Grundy to help him. Concerned, I asked him point blank, “Do we have a case? If this were a member of your family would you proceed?” His response was yes we did have a case, but it would be very, very difficult to win in court.

The Virginia legal system is “reluctant” to set a precedent that would make any private firm or enterprise responsible for an employee or anyone in contractual relationship with them. Even if there is prior knowledge of the individual’s violent behavior and the business or organization goes ahead and hires the individual, the courts are unwilling to hold private firms—including private law schools—accountable.

The picture that was beginning to emerge through the fog of legal jargon was that private organizations can not be held accountable. If you are a private business in Virginia, you appear to get a pass on responsibility. This concept in Virginia law of exempting private businesses from practically any amount of liability separates it from many other states.

NO RECOURSE IN VIRGINIA

Had the school been a public school, it would have been next to impossible for Angie’s parents to sue. The laws of Virginia appear to have been written to exempt public institutions from premises liability lawsuits. So, it seems that in a perverse way, we are lucky the Appalachian School of Law is private. If it were a state-affiliated institution we could not sue—even in the most egregious situations.

The more I thought about this, the more dismayed I became. If I understood the situation correctly, the interpretation of the law in Virginia in effect says that even if a state school is negligent and your child is killed or injured you have no recourse in the courts! There appears to be a pattern of decisions handed down by the Virginia Supreme Court that grants blanket immunity to state schools and organizations—even in the face of blatant negligence on their part! I wonder how many parents know this when they send their children off to Virginia Tech, the University of Virginia, or any state school?

In the course of my research I learned that there are three levels of prior knowledge of violence under the law in Virginia. The first level is the violence that Peter Odighizuwa may have committed in his family life—this was well documented, but the law says the school could not be expected to know about this. Fair enough.

The second level of violence concerns his actions in the community. Here again, there is documented evidence of violent behavior in the community—specifically when he threatened his wife and when he threatened co-workers while working part time at a grocery store. The courts in Virginia consistently rule that a private organization or institution cannot be expected to be aware of this. Well, maybe.

The third—and critical—level, is violence on school grounds against other students, staff and faculty. Here the evidence is clear; it is abundant. The school knew!

Peter Odighizuwa’s screams and verbal assaults against the faculty and staff were well documented, and the fact that he was barred from some school offices because staff members feared for their safety cannot be denied. (To be continued)

LAW SCHOOL PROFESSOR MOCKS DEAD STUDENT'S FAMILY

Hindsight is 20-20, but the unheeded indications of Odighizuwa’s violence are mind-boggling. For example, the press carried an article by Chis Kahn quoting student Kenneth Brown as saying that Brown and his friends always joked that Odighizuwa was one of those guys who finally crack and bring a gun to school. “He was kind of off-balance,” Brown told the press. “When we met last year, he actually came up and shook my hand and asked my name. Then, like five minutes later he came back and said: ‘You know I’m not crazy, but people tick me off sometimes.’ Out of the blue.”

Shortly after the shooting, Ellen Qualls, a spokeswoman for Virginia Governor Mark Warner, told the press that Odighizuwa had a history of mental instability and that school officials knew about! The governor is on the board of the Appalachian School of Law. If I understand Ms. Qualls’ correctly---even the governor of Virginia knew about Odighizuwa!

I would be hard pressed to find better evidence of the school’s prior knowledge of Odighizuwa’s violence on the campus, than the incidents just cited. This evidence clearly meets the threshold for justifying a jury trial.

Perhaps the most hurtful actions on the part of a school official came in a classroom setting shortly after the Dales and three student survivors filed their lawsuit. In the presence of one of the students who lived after being shot, the professor mocked the lawsuit saying something to the affect that the plaintiffs only want money.

Perhaps the professor has forgotten that one of those survivors is walking around with a bullet in her and does not know if she will ever be able to fully function as a lawyer because of the complications from that injury. Perhaps that professor has forgotten that a child was left without her mother. To my knowledge, that professor has never even offered his condolences to the Dales family. Perhaps that professor has forgotten the ethics of his profession, ethics that would argue against such an outburst in a classroom—an outburst that is unprofessional. (To be continues)