Friday, February 21, 2020

My Favorite Story: How a Newspaper Article Freed an Old Man from Prison




 Wrapping a journalism career of 45 years in 2012, I entered retirement with two filing cabinets full of clips. I have no way to count how many stories I wrote and published between 1969 and 2012, but I can safely estimate the number at more than 16,000. They ranged from short, three-paragraph news items to lengthy feature articles of 10,000 words or more, including investigative projects as well as human interest features.

In looking back, I wanted to pull a few of the most memorable writing projects from those cabinets and list them according to certain criteria. My career actually divided neatly into three more specific eras of journalism: Newspaper reporter (1969-1980), freelance writer (1980-1997) and business reporter for two large corporate publishing concerns (1997-2012). I hope to use this blog as an archive for analyzing some of the most memorable and meaningful projects and have narrowed those down to top 10 list covering many years. They include coverage as diverse and infamous as the Huntsville prison hostage siege of 1974 to the Deepwater Horizon explosion and oil spill of 2010; the Jacinto City police corruption scandal of 1978 and the Ken Lay Enron trial of 2009; the trials of Houston mass murderers Elmer Wayne Henley and David Owen Brooks as well as the trials of Fort Worth billionaire T. Cullen Davis in 1978 and two Houston police officers tried in 1977 in the death of Joe Campos Torres.

For anyone interested in my career (my children and grandchildren, perhaps?), reviewing this list seems a lot easier than digging through my filing cabinets. For anyone interested in the mechanics of journalism and coverage of news events, I hope to provide some nuggets of understanding about the ways that stories are told in the media, or at least how they were told during my years of telling them. And for anyone who recalls some of these events, I hope to provide additional perspective of an historical context.

Given the significance of those other events, the top story on my list might seem a bit unusual. Whenever I’ve been asked to name my finest moment as a reporter, however, I’ve never hesitated in citing the stories I wrote about a man named Gene Winchester as a reporter for The Houston Post in 1976. For Winchester, they resulted in release from prison, and for me they resulted in a nomination by The Post for the Pulitzer Prize in investigative reporting. I didn’t win it.

But I did succeed in accomplishing what ranks as the mythical holy grail for any reporter—the near-impossible mission of forcing the state to release someone from prison. So, the degree of difficulty with the Gene Winchester story ranks about nine on a ten-point-scale. That quest has served as the theme for several movies all the way back to Jimmy Stewart’s 1948 portrayal of a troubled reporter in Call Northside 777.  In addition to those accomplishments, the story of Gene Winchester ranks also as a mesmerizing yarn. When I’ve mentioned it to friends in bars they always want to hear it all, shaking their heads at each turn of the plot.

My discovery of Winchester began about as innocuously as any newspaper investigation could begin. There wasn’t a leaker or a whistleblower or an anonymous tip. There was just me looking to do a human interest feature story about old men in prison. During this period at the paper, I had cultivated a mini-beat of covering the Texas Department of Corrections, convincing my editors to let me visit prison units a couple of times each month just looking for interesting tales. This beat had unearthed a number of fascinating stories about inmates as well as the administrators who guarded the gates. I had become a welcome visitor at several TDC units, particularly the main facility in Huntsville known affectionately by everyone simply as “The Walls.”

For example, I had written one story about an inmate known for his abilities as a jailhouse lawyer, and another story about the editor of TDC inmate newspaper, The Echo. I also had written about the top administrators, George Beto and Jim Estelle. I dined regularly in the inmate cafeteria. I had spent three days with one inmate released after serving a term for marijuana possession, penning a three-part series on his efforts to rejoin society. I also had covered the major story in 1974 of a 13-day prison hostage siege that made international headlines, and I will share more details about that event later. I wrote another story about a female inmate giving birth while incarcerated.

Like many reporters, I maintained a list of story ideas, adding new thoughts every day. Each month I would review my list, pick a topic that appealed to me, and then pitch my editors to see if they would allow me to risk my time pursuing an idea that might not even result in a finished story. By 1976, they had gained enough confidence in me, however, that just about anything I suggested would receive a green light. This system might surprise those who have thought reporters just sit around reacting to events as they occur. At least in my newspaper years, every reporter kept a list of story ideas, waiting for that proverbial slow news day when they could create a story out of nothing but a thought.

So it was in February of 1976 that I reviewed my list on unwritten epics and spotted an entry that made me think: “What happens to old men in prison?” I had jotted this question one day after watching a couple of older inmates in the yard at The Walls, arousing my curiosity. How do they get along with younger inmates? What kind of special care do they need? How difficult is life for them as they age in a confined setting? What kind of crimes placed them in this situation?

The next day I was on my way to Huntsville, about 70 miles north of Houston, after alerting my TDC contacts I wanted to visit their geriatric unit in the hospital at The Walls. After getting the official tour of the unit and an overview of the situation from the administrators, I started wandering around so I could interview some of the inmates. The first one I approached was an 82-year-old convict named Gene Winchester.

Bald and toothless, Winchester was still a large imposing man, well over six-feet tall and muscular. He was willing to chat, but really failed to make much sense. I immediately feared this story would not work very well. I didn’t want to write a sugar-coated account of the great things TDC did for its aging inmates. But it looked like I might have trouble getting information from the inmates’ view if Winchester was any example of the senility among them there. He told me he had killed a soldier and wanted to go to New York where he could make $12.50 per day working on the railroad.

But I had invested a day in this endeavor and knew I needed to produce some kind of copy. I interviewed a couple of other geriatric inmates, but they didn’t seem that interesting. Winchester couldn’t even remember when he had come to prison, but did recall he had killed somebody a long time ago. So I visited an acquaintance who worked in the TDC public information office for additional details about this guy.

She really wasn’t allowed to share prison files with a reporter, but I had come to know her well and she respected the stories I had done about the prison system. She opened his file, left it on her desk and told me she needed to take a break—code from sources who want to share information without actually granting permission. I sat in her chair and read the Winchester file, where something caught my eye. I’m sure she had no idea about the problem in his file. And later she confided she had no regrets about letting me read it because of the way things unraveled.

“Here’s my question,” I said when she returned. “Gene Winchester was sentenced to 50 years in 1917. It’s now 1976 and he’s still here. There’s no indication of an extension for infractions, no second sentence for anything. Why is he still in prison nine years after his full term has ended?”

She stammered and grabbed the file to read it herself. Finally, she looked up and said, “I don’t know. This must be a clerical error. I can’t make sense of this. We’ll have to investigate this discrepancy.”

Suddenly, my slice-of-life “human interest” feature on old timers in prison had shifted focus to one old timer who appeared to have been lost in the system. I told her I would need to learn more tomorrow because I intended to write a story about Winchester one way or the other. If I had no answers, I would just list the open questions in my story while the “investigation” was under way.

When she called me the next day to reveal what she’d found, I was expecting a blast from the bureaucratic fog machine and excuses. Instead, her candor made my story even better. After coming to prison for murder in 1917, she explained, Winchester had killed another inmate two years later. Instead of charging him with a second murder, prison officials shipped him off as a “lunatic” to the state mental hospital at Rusk, where he remained until 1969. He returned then to TDC, but he did not receive credit for time served in the mental facility between 1919 and 1958, due to a ruling by the Texas Attorney General’s office.

I was stunned. Not only had he now been locked up for nine years more than his original 50-year sentence, Winchester only had credit for 24 years total—the two he served from 1917 to 1919 and the 18 he had served since 1958 plus good time. He still had 26 years left on his sentence from 1917! And TDC was emphatic there was nothing it could do about him. So I started seeking a solution.

On Wednesday, March 17, 1976, I introduced Gene Winchester to the world with a story that began above the masthead of The Houston Post and beneath the headline: “50-Year Sentence Closer to Life.” It began: “Although Gene Winchester, 82, has never been sentenced to serve more than 50 years in prison, the State of Texas has kept him locked up since 1917.” I noted that unless pardoned or paroled, Winchester would be 111 years old when released in 2005.

TDC officials admitted they were shocked to learn the circumstances of Winchester’s life. I quoted one saying “Jesus, something should be done. He could probably be helped more in a nursing home than in prison but his time is governed by the 1958 law and opinion.” And that gave me an idea for some follow-up coverage. I also received encouragement from the bosses at The Post.

As soon as the story appeared, I was approached by an assistant managing editor named Jim Holley, the editor who supervised prize submissions among other things at The Post. He said, “You probably have a good shot at a Pulitzer if we can get this guy out of prison. We need to make a list of follow-up stories and do something for him. We need to keep this story on the front page until he gets out.” Holley had been the one who hired me in 1971, when he was city editor. He also had been the architect of the paper’s only Pulitzer win in 1965, when the prize saluted The Post for its work uncovering corruption in the city government of Pasadena, Texas, a Houston suburb. So, I recognized his expertise in managing coverage of a major story and appreciated his suggestions.

I started outlining a strategy that seemed more like a dream at first. But the more people I called, the more plausible it seemed. I knew we couldn’t just release Winchester to die on the streets. I thought he was probably better off in prison. His prison record showed not a single visit from anyone in the course of his life. I would make a search for long-lost relatives, but expected that to lead nowhere. That official’s comment about a nursing home aroused my curiosity. I wondered: What if I can find a nursing home to take him if the governor will grant a pardon? What if I found a way for him to get enough public funding to pay his nursing home bill?

But I also wondered if that would be wise. He still resembled a robust old man, even if he was a tad diminished upstairs. I didn’t want to work to release this guy only to see him kill again. No story or prize would be worth that kind of tragedy. While wrestling with this moral dilemma, however, I moved ahead to see if we really could make anything happen. And I also decided to learn more about the old coot and his crime from 1917.

While I worked away on these angles for additional stories, my first story spawned a life of its own. National and international news wires picked it up, and NBC’s Today show cited it. I got a call from a woman who said, “That’s my uncle Gene. All these years we thought he was dead.” The Texas Nursing Homes Association contacted me with an offer to help. Other would-be relatives starting coming out of the brush pile.

Then I learned that TDC actually had launched a program in 1975 to aid elderly inmates who can’t win parole for issues of senility or indigence. The program already successfully had placed eight aged inmates in nursing homes with a grant from Social Security paying the bills. Winchester’s case was different, however, because he was not yet eligible for parole. He needed a pardon. And I needed to learn his back story.

That mission sent me rooting through the archives of The San Angelo Standard-Times for 1917, reviewing an old book about Texas prison life in those years and interviewing a TDC psychologist who examined Winchester when he returned to prison in 1969. Not trying to generate unwarranted sympathy for Winchester, I truly wanted to learn how safe it might be to set him free. The result was a story that ranks among the best I ever wrote as a journalist. Rather than summarize that article, I’m including it here as the most effective way to tell Winchester’s story.

It appeared on the front page a few days after my initial story under the headline:

“Dice Roll Sent Inmate on Jail Odyssey.”

  Gene Winchester began his long trek toward a prison hospital bed as a journey of friendship 59 years ago when, as a West Texas country boy, he and a pal set out for town.
  The world was engaged in the first war to end all wars. Woodrow Wilson was President. A few people drove cars but things like jet airplanes and television were science fiction dreams.
  And going to town for 23-year-old Gene Winchester and his buddy. George Parramore, 27, meant a visit to San Angelo. Winchester had been urging the trip for some time.
  So, on July 27. 1917, they left the town of Monday and headed for San Angelo. Parramore was never to return alive. And Winchester was sent spinning down a road to oblivion, a road which tunneled through the dark caverns reserved for the crazy in the 1920s, a road which twisted back onto the modern American mainstream of penal philosophy and a road which finally deposited him last week in the midst of controversy with no past and a future of hazy dreams.
  Senile and wasted, he was discovered in a state prison hospital, legally locked away for 59 years on a 50 year term, a lost and ugly reminder the primitive past of our social conscience sleeps just a generation away.
  As in the discovery of some unspoiled tribe in New Guinea, officials in charge hastened to find a solution for his existence.
  And the only version of how he arrived in his current position—how it all began—lies in the faded pages of The San Angelo Standard-Times of 1917 where reporters recorded the events that became the case of the State of Texas vs. Gene Winchester.
  Parramore’s body was found in a clump of mesquite bushes near Harriett, the newspaper reported. He had $81 in his blue serge pants and his shirtless body was wrapped in a quilt. His boots were off and wrapped with him. He had last been seen alive a few days before in Miles, buying a shirt with Winchester.
  An autopsy revealed Parramore had been shot in the back of the head with a .32-caliber pistol. The pistol, Parramore’s hat and automobile were found together in Knox County, and Winchester was charged with murder.
  The newspaper reported Winchester intended to plead insanity due to “a kick by a cow to his head at the age of 7.”
  In October the trial began, and Winchester told his story. He and his friend had been shooting dice where they stopped on the way to town. Parramore claimed credit for a crucial seven, which Winchester said had not been rolled.
  They argued, Winchester said, and Parramore headed for his car threatening to kill Winchester with the rifle hidden there.
  So, Winchester said, he shot Parramore and hid the body. The jury deliberated 14 hours and then sentenced him to 50 years.
  He arrived at the state prison Nov. 15, 1917. In those days, the prison, according to an official Texas Department of Corrections history, had very little of which to be proud.
  Inmates lived in shacks and toiled away their time in the fields. One ex-convict from that era described the life which greeted Winchester in a book: Hell in a Texas Pen.
  “I helped dig 26 graves. Only three were from natural causes. The others were beaten to death When a convict did any little thing to displease a guard, they would make him ride a pole stark naked all night--astride three 2x6 timbers nailed together, the sharpened sides up.
  “I was being worked to death and bleeding like a stuck hog. I went down to 96 pounds from 176. A boy couldn't work and the captain beat him until his back bled. He told he boy that if he was sick he should die…and prove it.”
  Death was ever present and old timers have described scenes where guards let fighting inmates battle to the death rather than risk injury stopping them.
  After less than two years in prison, Winchester was accused of killing another inmate, officials recalled, and it was decided he was too dangerous for the prison.
  Winchester had a background of mental problems. Tom Green County records reveal transcripts of “lunacy” proceedings brought against him in 1915 by his mother.
  The record describes a slow-witted youth with a speech impediment who could sit emotionless for hours until asked a question. Then he would explode and, court records cite, “he would say, ‘Dot Damn you, I will det your doat.’”
  The prison system had just the place for inmates like Winchester. There was a new state “lunatics asylum” just opened at Rusk. A brother had assumed custody of the lad before he could be committed. But this time there was no way to stop it. He was declared a lunatic and sent to Rusk.
  The state considered him dangerous and disturbed and he grew old at Rusk. The mental illness faded into senility and the criminal burned out.
  Dr. Robert B. Sheldon, Rusk superintendent, worked at TDC in 1969 when Winchester returned to prison to finish up his term.
  “I am confident he is no longer a danger to anyone,” Sheldon said. “I complained about him going back to prison.”
  When they added up Winchester’s time, officials refused to credit him with the first 40 years he spent at Rusk.
  Officials believe he is the last of three inmates who failed to receive credit for many spent confined at Rusk.
  One is dead, another has been placed in a nursing home. TDC officials hope Winchester will soon be placed in a nursing home.
  Until then he bides his time in the prison hospital at Huntsville. He answers questions with confused phrases, depicting a memory of broken fragments.
  Do you fear death in prison? “No,” he replies. “I’m getting out someday to work on the railroad.”
  The stories he could tell about the things he has seen are probably the best part of his saga. But they lie buried inside his mind where not even he can get at them.

By the time we published that back story, some things were starting to snap into place for him. The Texas Board of Pardons and Paroles had moved the day after my first story to launch an investigation into a solution for Winchester, triggered by my story. I learned Winchester actually had been considered for parole seven times in the previous eight years, but denied each time due to his mental condition. So, it turned out, he did not require a pardon. In fact, he and the community would be best served with a normal parole that would allow parole officers to monitor his condition as well as his behavior.

I learned that other aged inmates had behaved well when transferred to nursing homes because they had already become institutionalized. One had even developed a reputation as a “ladies’ man” in one placement, and another had volunteered for a job polishing floors in his home

One member of the parole board went out of her way to salute my reporting and the power of a free press to shine the light on situations like Winchester’s. And Winchester’s 71-year-old sister contacted me for an interview. She had been 11 when her brother went to prison, and verified that he had suffered a head injury at the age of two.

“For 59 years I didn’t know anything about my brother,” she told me. “We’re the only members of our family left.”

When she came to visit him on April 13, I wrote a story about their reunion. It was Winchester’s first recorded visit since 1920 when a brother had seen him in the mental hospital. They talked for an hour and a half, and prison officials said they saw him smile.

I even located relatives of Winchester’s 1917 victim, George Parramore, to sample their attitude toward a parole for him. They did not object.

Although TDC needed a guardian to control Winchester’s Social Security payments, officials were reluctant to use anyone claiming to be a relative. It turned out that the Social Security administration itself was able to make payments for him directly to a nursing home just south of Houston that agreed to take him in. Then Texas Governor Dolph Briscoe got involved. Moved by the coverage he expedited a parole to Winchester.

And so, on April 29, 1976—little more than a month after The Post had published my first story on Gene Winchester, the man who came to prison aboard a horse-drawn wagon in 1917, left The Walls in an automobile headed south for his retirement home.

On the front page of the paper for April 30, 1976, I wrote: “Prison officials retired their oldest inmate number Thursday when Gene Winchester exchanged his white uniform stamped 41811 for the first set of free world duds he had donned since 1917.”

But I was still a bit worried. For his exit interview with me, I asked what he planned to do in his new home. He said quickly, “Going to get me a woman.” Oh oh, I thought. Then I lived in fear for a while of the day I would report for duty in the newsroom only to hear about a multiple homicide at a nursing home perpetrated by some old convict who should have been in prison where he belonged. But it never happened.

I visited Winchester a few weeks later to produce one more follow-up story published June 3, 1976, under the headline: “No Visitors Come; Convict, 82, Leads Quiet Life of Loner.” I interviewed one of his new nursing home pals and a member of the staff who told me Winchester had been timid about socializing. They had persuaded him to attend a picnic where he enjoyed the hamburgers. I attempted an interview, but he couldn’t recognize me.

“He sleeps most of the day,” said a nurse. “He’s a sweet old man whose eyesight is nearly gone. And he’s really a loner.”

Afterward, I checked on him a couple of times each year. When I called on May 20, 1980, the nursing home reported he had died two months earlier after breaking a hip in a fall. He had lived to the ripe old age of 86. A representative told me his sister had visited him several times during the last four years, as well as a parole officer. The representative recalled that Winchester “did not like to be bathed. He hated it. He was a loner.”

Throughout my career I covered a number of “big” stories with national implications that would make the saga of Gene Winchester seem pretty small. But I often thought about that old man as a reminder for my profession. Although my reporting freed him from prison, I believe he might have done more for me than I did for him. The story did not win any journalism prizes. It wasn’t like I had freed an innocent man. And Winchester really wasn’t that sympathetic of a character as a murderer. But at least he had some peace for the last few years of his life. And his sister got closure.


For me, however, he always loomed as a reminder how powerful a free press can be. Any time I had a moment of doubt about my work in the years since then, I could always recall the time I stumbled across Gene Winchester one slow news day in 1976 with the perseverance to ask “Why?” when the dates in his official record failed to reconcile with reality. Reporting 101 requires us to answer five questions in every story: Who? What? When? Where? Why? And How? Of those five, Why? and How? are always the most difficult. But no story is ever complete without them. 

Saturday, July 6, 2019

Rooting Around: My Genealogy Journey


“Somewhere back there in the dust,
That same small town in each of us.”
---Don Henley

“Strap yourself to a tree with roots.”
---Bob Dylan

“We come on the ship they call the Mayflower,
We come on the ship that sailed the moon;
We come in the age’s most uncertain hour,
And sing an American tune.”
---Paul Simon

Not too long ago, when asked about my ancestry, I could shrug my shoulders and joke, “Poor white trash doesn’t leave much of a paper trail.” But those days are gone.

My genealogy journey has been under way since 1975, and I expect it will continue with some level of additional research until I become one of the departed ancestors my grandkids can investigate. But I’ve decided it is time to start recording the things I have found. I’m sure this project will require multiple blog posts. And mostly I’m doing this here to provide a permanent online record of our lineage for my own descendants. Others, however, may find a larger theme about the classic American melting pot. They also may learn some tricks about genealogical research. Some may learn about ancestors in their own lineage by reading about mine. Hopefully, they’ll be eager to post comments and share their own stories—or correct me if I’ve misconstrued those that I’ve found. To reflect on songwriter Paul Simon, they can share the discovery of my American tune. And I’m sure I can offer an enchanting tale or two worthy of a read.

To summarize my findings to date and headline this report, I have learned that I am descended from four who arrived aboard the Mayflower with the Pilgrims in 1620. I want to reassure my friends that I will not let this go to my head. Even if I am welcomed into the Mayflower Society after submitting my verification, I’ll try to still be that same old wise-cracking fellow you’ve always admired. Besides my Mayflower connection, I’ve learned I also am descended from some prominent Puritans of the Seventeenth Century, including the Hingham, Massachusetts oligarch Peter Hobart (1604-1679) and his father, Edmund Hobart (1575-1646).

In addition, I learned that another multi-great grandpa was a Scottish prisoner of war captured by Oliver Cromwell in 1650 at the Battle of Dunbar Castle and shipped to New England to work in the iron foundry as an indentured servant. Then there was the English fisherman who arrived in the early 1600s as an indentured servant to fish the waters off the coast of Maine. He and his sons served valiantly in the great war against native leader King Philip later in that century. Among the other ancestors I’ve met was a multi-great grandpa who killed three bears as a teenager while traveling by wagon from Virginia to Missouri in the 1800s.

I’ve discovered some darkness, as well. One of my multi-great grandpas murdered my multi-great grandma by breaking her neck in 1733. Before he was hanged for the crime he told acquaintances she “has been a plague on me for 20 years.” I’ve also uncovered slave-holders among my ancestors. I’m sure several of my ancestors took advantage of the Native Americans whenever they had the chance, but wasn’t that the tenor of the times? And I found an intriguing story about a multi-great grandma who allegedly was born the child of a prostitute on London Bridge and managed to carve out a successful life in the New World by seducing and marrying a wealthy Virginia planter in a yarn that sounded like the plot for a movie on the Lifetime Channel. Truth or legend? How can I know? But I intend to retell it anyway because it’s just too fascinating to ignore.

If I could have placed a lot of these folks in a room together back in the old days, I bet they’d have had one hell of a fight. You just wouldn’t have invited all of them to the same party. But they did have several traits in common. Most importantly, they all proved they were willing to risk everything for a shot at a better future. I’ve thought often about the challenges they faced in fulfilling their destinies, both physical and emotional, and wondered how they could compare with the challenges faced by me in a much more civilized time. In addition, they proved they possessed the qualities required to at least survive in most cases and to thrive and prosper in many others. I thank all of them for providing me with the foundation for my life in the later Twentieth Century, and for the lives of my grandchildren in the century ahead. I’m reminded of Cormac McCarthy’s nut line from his classic, The Road: “Are you carrying the fire, boy?” My genealogical journey is designed to answer that question for me. And I think the answer is: Yes.

To provide a little context on my personal genealogy journey, it began after the birth of my oldest daughter in April of 1975. I realized she represented my connection to the future, but I started wondering about our connection to the past. I realized I had never made the effort to question grandparents while they were available and learn some first-hand accounts of those who had come before. Back in 1975, our genealogical tools were limited. We had a great genealogical library in Houston, the system’s Clayton Branch, and I still recommend it as a research location for those with access. It even has free parking in the downtown. I started out with index cards, legal pads and pens. I wrote letters to great uncles with forms attached for them to provide all the details they knew. And most were only too eager to help. Little by little I crafted a small family tree. But it raised more questions than answers.

I experienced the magic of finding the name of a great-great grandfather on a microfilmed census record, where I could see the names of his neighbors in the farmlands of central Missouri. I could note the last names of future brides for his sons residing just a pasture away. And why wouldn’t that be the case? Who else are you going to marry when the nearest town remains a two-day buggy ride? Every time I kicked over a genealogical rock, it seemed, some ancestors would crawl out. Then, at some point, all I could find were the rocks. The ancestors stopped popping, I grew bored and life got in the way.

Off and on over the next 30 years I piddled with research when I could, but that failed to provide much satisfaction in the days before development of the Internet. I took one of the early DNA tests in 2005 through Houston’s FamilyTree organization to see what new details scientific advances might provide. That test and subsequent updates proved that I am thoroughly a mixture of Scottish, Irish and British to a point where 84 percent of my DNA connects to the British Isles. Oh, there is a smidgen of Swedish, but that’s to be expected from historical knowledge of the Viking era and the Norman conquest of England in 1066. Normandy in France had been settled by the Vikings before that conquest, and, of course, the Viking raids into England of the Ninth Century have been well documented.

As I neared retirement from my journalism career in 2012, I organized my thoughts about the ancestral things I knew for certain. Most of my people had lived in Missouri, where I had been born in 1947 in St, Louis. I knew my father’s Taylor lines had moved to Missouri from Kentucky in 1830, while my mother’s primary family, the Wrights, had come west from Virginia about the same time. But I kept finding a curious outlier demanding attention. My mother’s grandfather, Henry Augustus Libby, had been born in Maine in 1852, according to family and census records. Why did I have this ancestor from New England migrating to Missouri around the time of the Civil War? Seeking an answer, I discovered the web site of the John Libby Family Association and inquired by email. In a quick response, someone sent me a copy of pages from a book written in 1882 detailing my line through Henry Augustus Libby (1852-1913) back to that young fisherman, John Libby (1602-1677)—the immigrant who had arrived in the wilds of Maine about 1630 seeking his fortune. Like a fish on young John’s line, I was hooked again on the lure of genealogy. But now I had the time for pursuit, and I quickly learned I had more tools at my disposal than I had time available to use them.

In the years since 2012, I’ve polished my methodology by focusing primarily on two free online resources: FamilySearch.org and WikiTree.org. The first is the product of the Mormon Church and its ambitious goal of mapping the world’s family tree. You don’t need to join the church to use its massive research banks online. All they want is your email address and a sign-in for authentication. Meanwhile, at WikiTree I’ve discovered a place where I can create what I call my official online family tree. Although WikiTree has no online data banks like Family Search, it ranks as a premiere repository for genealogical research because of the honor code each member must sign before they can post family information on the WikiTree.

In addition, WikiTree encourages participants to learn more about genealogy through projects. I am qualified for work on pre-1700 ancestors and the Great Puritan Migration of 1630-1650. As I developed my personal information on WikiTree, my branches would eventually reach the branches of other trees for merging. And I am usually certain that WikiTree information is about as correct as it possibly can be. The WikiTree Honor Code suggests members collaborate with cordiality, but these people are really serious about genealogical research and I have been the recipient of some tough love when posting an ancestral profile without sufficient source material. I usually link my sources back to the actual documents available online at FamilySearch for efficient review by other researchers. For example, on my profile of Henry Augustus Libby, you will find links in the source box to his census records and other written works about him available at FamilySearch. Just click and a new window opens with a document to read. Try it here.

At times, I’ve also paid for services through both Ancestry.com and AmericanAncestors.org, but I believe I can complete most of my research now through the free sites of FamilySearch and WikiTree. For anyone who wants to review my lineage, I have created extensive trees at both sites and at Ancestry as well. To find me on WikiTree, try this link and then move backward through my parents and so on, or call up the entire tree  for a broader view.  At FamilySearch, visit this page If you have an Ancestry subscription, you can look here.

In addition, I’ve continued to perform independent research by email, regular mail, telephone, visitation and any other means that might be available. I’m currently mired in an investigation to unravel a family mystery about good old Henry Augustus Libby that has me arbitrating a dispute between two cemeteries that each claims to be the final resting place for his father, Joseph Clement Libby (1831-1903). Based on my acquisition of a death certificate from the Macoupin County (Illinois) Clerk, a copy of the report from a 1902 coroner’s inquest into old Joe’s accidental drowning, and my interviews with representatives from each boneyard, I have declared Bunker Hill (Illinois) Cemetery the winner over Bellefontaine Cemetery in St. Louis. But I can provide more detail in a later post.

For now, however, it’s best to journey further back in time on my genealogical journey to the most prominent and interesting place to start. My next post will tell the story of my ancestors aboard the Mayflower. There were four of them. And none were Pilgrims.

Monday, April 8, 2019

Anatomy Of A Hospital Bill


For too many people in the United States, the scariest part of a hospital visit can have more to do with anxiety about the potential bill than with their precipitating health problem. Will my insurance pay? How much will this cost? Can I even afford to be here? Will I need Chapter 11 because I am uninsured?

Fortunately for me, at age 72 I’ve never had any really serious health issues. After going on Medicare seven years ago, however, I’d been constantly wondering about the coverage and the costs. As a career journalist I’m the curious sort by nature. And, as a retired journalist, I had plenty of time for analysis when I recently got the chance to dissect a hospital bill for myself. I’ve found the exercise to be both enlightening and confusing, in some ways raising more questions than it answered. Nevertheless, the dissection of my hospital bill might be interesting to others who have had similar concerns.

My issue occurred January 31, 2019, when I visited a neighborhood emergency room for what must be a fairly common concern. I had some chest pains I could not understand, and, given my family history of heart ailments, I decided to err on the side of caution. My concerns turned out to be a false alarm, but I did spend a night under observation before a cardiologist concluded I likely had only strained some chest muscles lifting weights earlier in the day. I know I received an IV line, some blood work, several electrocardiograms, a chest X-ray, aspirin and breakfast. 

In discharging me, the doctor advised, “Go ahead and order breakfast before you leave. You paid for it.”

Uh-oh, I thought. Is he hinting about a bill for me?

“OK,” I said. “I’ll have the omelet.”

Once my bills arrived, I had what I suspect is the normal reaction for most of us: Checking the bottom line for the amount I would owe. I breathed a sigh of relief when I saw my total due to the hospital—a $50-copay. Then I did something that might not be so routine. I reviewed the amounts above my tab. Total charges: $15,344. Insurance discounts: $14,495.23. And, insurance payments: $798.77.

Intrigued, I called Methodist Hospital and requested an itemized statement. I could see $800 as a fairly reasonable cost for my night of observation in the ER. But I had trouble imagining what they had done to generate $15,344 in ER services. I also wondered why they would just discount so much of that total for me.

A separate bill from the ER doctor prompted a similar moment of curiosity. That bill totaled $1,992 but left me owing just $106.56 after deductions for insurance discounts. Altogether, the doctor received a little less than $200 for observing me, and that seemed like a reasonable fee to me as well.

Of course, my itemized statement from Methodist listed a number of alien codes and multi-syllable words that made little sense to a layman. But I deciphered them well enough to satisfy my curiosity, plus I called the billing department with a few questions. The associate on the phone was polite but also a tad confused herself about why I would want to know anything beyond my $50 bottom line.

“I’m just trying to be a savvy consumer of health care services,” I told her.

The largest single item on my bill was $4,336 for something called a “CTA chest noncoronary,” which she described as some sort of a scan. The next largest charge was $2,480 for the ER visit at a Level IV facility. Next in line was a $792 fee for 12 hours of observation.

They charged $754 for the chest X-Ray and another $704 for 100 ML of 300 MG Iodine solution. They hit my account for three EKGs at a cost of $657 each—or, $1,971. A pair of comprehensive metabolic panels rang another $582 apiece—or, $1,164. And they charged $335 for a “B Natriuretic Peptide.”

From there the charges decreased to amounts less than $300 for a variety of things, including $174 for a 0.4 MG Nitroglycerin tablet.

I concluded that both Methodist and Medicare had taken very good care of me. And I was impressed to see that Medicare chopped that bill down to a more realistic $798.77 by extracting a 95-percent discount. I’ll say that again: Medicare received a 95-percent discount!  Medicare can do this NOT because it is a bully to the hospitals but because it knows the actual cost of all things medical and refuses to give hospitals more than a reasonable upcharge.

“Medicare collects troves of data on what every type of treatment, test and other service costs hospitals to deliver,” wrote Steven Brill in A Bitter Pill—his meticulously researched article comparing a number of hospital bills in detail to determine “how outrageous pricing and egregious profits are destroying our health care.”

He wrote: “Medicare takes seriously the notion that nonprofit hospitals should be paid for all their costs but actually be nonprofit after their calculation.”

Under the law, Brill noted, “Medicare is supposed to reimburse hospitals for any given service, factoring in not only direct costs but also allocated expenses such as overhead, capital expenses, executive salaries, insurance differences in regional costs of living and even the education of medical students.”

After all, Medicare cannot survive itself if it runs the hospitals and doctors out of business by undercutting their actual costs. And the hospitals cannot survive without the huge amount of money generated from treating Medicare patients like me. In every sense, it seems like one of the business world’s purest examples of a symbiotic relationship.

The associate in Methodist’s billing department told me that patients receive different levels of discounts depending on the negotiations by their respective insurers. Because I carry supplemental insurance, my deductible is small. But I have friends with employer insurance who now pay deductibles as high as $5,000 or more. The billing associate told me those deductibles also figure into negotiations.

But I also have friends who are uninsured, even in the age of the Affordable Care Act. And statistics show that the uninsured generate about 20 percent of all ER visits. What about them? I asked. Calling them the “self-insured,” she said Methodist gives them a 50-percent discount. For a “self-insured” in my case, she said, the bill only would have been $7,672. But I also wondered if a “self-insured” patient would have received the same level of tests and procedures. I’m sure some corners might be cut, but I also see my services as being pretty basic for a night in the ER.

I’m still mystified by the Voodoo accounting that allows a hospital to claim a bill so large it can grant a 95-percent discount without a whimper. But I remain more convinced than ever that adoption of Medicare-style single-payer health care financing or Medicare-For-All ranks as the most efficient system to keep our society on a level playing field with a medical industry that grows more technologically complex on a daily basis.

“Why should a trip to the ER for chest pains that turn out to be indigestion cost more than a semester in college?” asked Brill in his article. “Why does simple lab work done during a few days in the hospital cost more than a car?”

He called today’s medical industry a “gold rush” for firms that provide everything from wonder drugs to that CT scanner that rang up the single largest, $4,336-charge on my tab. Brill’s research showed hospitals usually recover investments on that technology in the space of a year.

With the entire population in a single insurance pool, a single-payer plan would have the power to pay only the real costs of prescriptions, care and hospitalization. I certainly saw Medicare demonstrate that kind of power after my night in an ER.

I realize my example stands only as an “anecdote”—a tree in a large forest of data that may or may not provide an accurate picture of the business of health care. For anyone curious about the broader view of that forest from 10,000 feet, however, I’d encourage a review of Brill’s article and a visit to the web site of a group called Physicians for a National Health Program. They have charts and historical documents that should answer all remaining questions.

But the real question in my example should focus on the true value of the services I received. Medicare believes they were worth $798.77. For the uninsured, Methodist believes they were worth $7,672. Or, should we look at the showroom price like it’s the Memorial Day sale at a furniture store: $15,344?

For the record, during the course of my working life I paid a total of $26,456 into the Medicare program while my employers added another $17,508 for a total lifetime contribution of $43,964 on my behalf. In addition, I’ve paid about $300 each month since 2012 for supplemental policies to ensure full coverage.  

It won’t take many more hospital visits for me to outpace my payments into the system.  But I’m still expecting Medicare to cover my final hospital bill whenever that arrives. And we all know that last bill is usually the whopper. So, thanks again to all you working youngsters for your monthly payroll deductions under the Federal Insurance Contributions Act (FICA). I’m going to need them. I’m betting you will, too.

Tuesday, March 26, 2019

Windfall Psychology: The Challenge of Overnight Riches


As the contract Texas correspondent for Money magazine from 1983-1997, I did a lot of research and writing about investing and other aspects of personal finance. And, as the Houston contract correspondent for The National Law Journal during those years, I also encountered many tales of legal wrangling over riches won and lost.

So, in 1991 I relied on my financial and legal sources to help create an article about the related subject of windfall psychology—how regular people handle the rewards and challenges of suddenly finding the pot of gold at the end of some rainbow.

This was the result, published in the December 1991 edition of Houston Metropolitan Magazine. I haven’t been able to update on any of the individuals profiled then, although I do know at least one of them has died. If anyone reading this post can contribute an update, the comments section is there for your consideration. I think the fundamental experiences and emotions shared in this story still reveals a cautionary tale about what might happen when YOU receive your windfall.

BE CAREFUL WHAT YOU WISH FOR

Most of us have dreamed of coming into a fortune. For these people, their dreams came true and then their troubles began.

Once upon a time she was a millionaire—for 14 months. Her name is not important now and she’s nowhere to be found. But her story bears repeating, and her boss—a Houston professional who wants to remain anonymous—remembers it well.

“She just came in one morning about 10 years ago and quit,” he recalls. “She said she'd inherited a million dollars and didn't need to work anymore. A million dollars! Imagine that! I tried to help her and told her to be patient but she wouldn’t listen. She was gone.”

He ran into her 14 months later on a street comer where she asked him for a job.

“She said she had spent it all and had nothing but her clothes,” says the woman’s former boss. “I asked where it had gone and she said she wasn’t sure. She had bought new cars for a couple of boyfriends. She’d bought another new car for herself after her first new car was stolen. She’d bought all kinds of things and spent a million dollars in little more than a year.

“But you know, she really wasn't depressed about it,” he says. “She didn't have it long enough for it to make much of a difference. Her attitude was like, ‘No regrets.’ She hosted a year-long party and the party was over.”

Who among us hasn't wished at one time or another for a windfall? And who among us hasn't heard stories like the one above, wondered if they were true and smiled smugly that the same sort of misfeasance could never happen to us? Lord, it wouldn't have to be a million. Maybe some long-forgotten uncle could die and leave a few hundred thousand dollars. How about some contest or poker game that would generate enough to retire those debts and start anew? Some of us might even welcome a little accident without much pain or permanent injury, after which an insurance company would cough up enough to make the litigation disappear.

In Houston it happens more often than you know. From time to time, of course, you read about such things in the newspaper and see pictures of the fortunate recipient grinning from ear to ear. Afterward, however, you hear little more. And there are dozens of people whose good fortune never makes the headlines. Some of them are still around. There are threads of continuity throughout all of their stories.  They all saw their windfall as the end of their troubles. In reality, it turned out to be just the first step in a new and uncertain journey. Some have managed to make it work; others have blown it and wondered why. Nevertheless, along the way they all learned some universal truths about people, money and even themselves.

“Money is a tremendous responsibility,” says Mike Robertson, a first vice president at Dean Witter Reynolds, Inc. “For many people, getting a windfall can be like going out to run a marathon when you haven't been jogging for a long time. You'll drop dead.”

While handling accounts for several clients of personal-injury attorneys, Robertson has seen many sides of windfall psychology. He’s personally escorted blue-collar millionaires on shopping sprees to The Galleria, hoping it would help them exhaust the urge to spend before it seized full control. He’s counseled windfall recipients and helped them devise a budget after carefully inspecting their homes and possessions to determine their needs.

He knows a family that saw $350,000 dwindle to just $25,000 in four years, and a woman who allowed her entire family to move in with her after getting a windfall—including a daughter who divorced her husband just to come home to her wealthy mom. One investment banker says he knows a man so wary of banks he's stashed $125,000 in cash in cardboard boxes around his house.

“Some people just lack knowledge, and others have dreams that have not been fulfilled,” Robertson says. “Some are too weak to say no, and they really have a problem when everybody comes around. The fact is, it takes a lot of effort to manage money, and some people spend it just to get rid of it. Some become hermits and some become paranoid. What I’ve learned from watching all this is how important it is to not let money control you. Put it in perspective and learn patience.”

That's a view from an outsider. But there are plenty of Houstonians around who have their own insights about windfalls. One with a long-term perspective on windfall psychology also happens to be the only Houston newspaper reporter who ever struck it rich while covering his beat. As a young man without a college education, Jim Bishop joined The Houston Post in 1963 as a copy messenger. By 1966, he’d talked his way onto the staff as a police reporter, and management there had him pegged for bigger things.

But Bishop's break, if it can be called that, came in a way they hadn't planned. It occurred Oct. 19, 1971, when he raced to the southeast side of town to cover a railcar explosion. He arrived just in time for the second blast; it left him hospitalized with second and third-degree bums all over his back. More than 50 people, including Bishop, sued the railroad. He returned to work at The Post and began plotting a new course for his future. By the time his $100,000 settlement was wrapped up in October of 1974, he had already relocated his wife and two children to tiny Montrose, Colo., on the western slope of the Rockies, ready to retire on an amount that in those days seemed inexhaustible.

“That money was my ticket to become a mountain man,” recalls Bishop, today the managing editor of The Victoria (Texas) Advocate. With a laugh, he compares himself to Jed Clampett and the Beverly Hillbillies. “I felt I could do whatever I wanted.”

His mood started to shift as soon as the check changed hands in the lawyer's office in downtown Houston. The $100,000 had already shrunk to $55,000 after legal fees and hospital bills, but it still looked plenty big. By the time Bishop hit the elevator, he was convinced everyone around him was just waiting to take some more. On the plane ride back to Colorado, he repeatedly opened the envelope to make sure the check was still there.

He recalls, “There was a paranoia that was almost consuming until I got it home and in the bank.”

A few months later, he stopped by the local Oldsmobile dealership, where he picked out a new set of wheels and felt the thrill of saying, “I’ll just write you a check.” Instead of finding a financial planner for investment advice, he contacted a realtor and quickly became the owner of a small clothing boutique—and a mortgage, less $10,000 down on the note. Naturally, he decided to change the look of the place and spent another $10,000 on inventory.

Still feeling on top of the world, he exercised a philanthropical urge. He helped a struggling saloon singer keep his mobile home by loaning him $1,000: “It felt good to drive to the bank and just hand him the money. Here I was, 30 years old and acting like a brainless teenager. I actually thought he was going to pay me back.”

Meanwhile the locals were just waiting to pounce. The big spender from the city watched in horror while the hometown department store signed exclusivity agreements with some of the boutique's suppliers. Retail competition was stiff, too. Business dropped, and 18 months after collecting his $100,000 windfall, Bishop relished one ironic accomplishment: “We didn't have to declare bankruptcy. But we were broke.”

In the years since, Bishop has been divorced and remarried. He’s knocked around at several newspaper jobs and worked in corporate public relations in Houston. Briefly, he even drove a delivery truck to make ends meet. Many a time he’s wondered what might have happened had that windfall not sent him spinning down the path toward excess—what might have happened if he'd just been a little more patient with good fortune.

“I’m happy now,” he says. “But I learned that greed is a stronger part of human nature than sex or anything else. That’s what runs the world, and I’m still bitter. When you have a little money, some want to get it and the others are jealous. I’m not nearly as nice a guy as I was before I got my windfall. I went through it thinking I was a smart human being. It taught me how little I really knew.”

Bishop's windfall was small change compared to the payoff last year for Roger Sims, a 42-year-old Houston CPA. Court sanctions prohibit him from disclosing the final amount of a settlement that followed a jury's verdict Nov. 22, 1989, awarding him $31 million as compensation for being wrongfully terminated from a job with Kaneb Services, Inc., now of Dallas. To derail an appeal, both sides agreed on a lower figure to close the case. Even after legal fees and expenses, he says, the payout has enabled him to completely restructure his life. But it hasn’t come without costs.

“I got physically ill,” says Sims of the day he accompanied his attorney, Julius Glickman, to the bank to oversee the transfer of funds. “I couldn’t talk. I got nauseous. My voice was cracking and I started to cry. I couldn’t think straight. It was more money than I ever expected to have in my life.”

That payment also followed five years of turmoil and struggle for Sims, who had risen at Kaneb to become its youngest vice president. As the executive in charge of corporate taxes, Sims faced a moral dilemma in 1985 when presented with a tax return containing questionable deductions—like use of the corporate jet for a trip to the Cotton Bowl. He refused to sign the return and was fired. Later, after speaking out against Kaneb management at a stockholders' meeting, the company filed criminal charges, alleging Sims had tampered with computer records.

His lawsuit plowed fresh ground on certain aspects of wrongful termination law, and the $31 million verdict—including $19 million in punitive damages—ranked as one of the largest in the country that year, prompting some experts to call it “outrageous.”

Sims could have settled the case for $1 million prior to trial, but declined because he wanted to be vindicated; he wanted to prove he was right and Kaneb was wrong. The trial and verdict satisfied that wish. And the subsequent settlement to prevent an appeal has him set for life—and probably a little beyond, if that’s possible.

“I’ve had it long enough now to be able to handle it,” says Sims. “Being a CPA is a definite plus compared to what happens with a lot of people I read about.”

Sims had worked to build a little accounting practice in Alief, but his five-year battle with Kaneb was costly. His second marriage crumbled as soon as he traded the corporate job worth about $100,000 per year for the struggle of a new practice that did not reach the $50,000 mark until 1988. He rang up $70,000 worth of legal expenses, plus another $12,000 for the criminal case. Living on credit cards and borrowed money, he added another $25,000 to the tab he had to liquidate with his windfall. He’d also had to send his daughters to live with their mother in Colorado.

Immediately he paid his debts and then simply gave away to his partners his stock in a company that provides doctors for emergency rooms. Sims has also set up an investment company called The Resolve Group. He's put some of his money in short-term liquid funds and a smattering of rental properties, and has exercised a passion for music by becoming the manager of a local rock group called Zen Archer. He bought a Mercedes—paying with a check—and still makes mortgage payments on his $150,000 home. And he’s back in court on what appears to be another precedent-setting case.

“Kids are kids and ex-wives are ex-wives,” he says with a grin. His child-support payments have grown from $900 to $1,500 without a hitch. But his second wife, from whom he was divorced in 1987, filed a lawsuit seeking her share of his Kaneb settlement as community property. Houston divorce heavyweight Earle Lilly, who is representing Sims in the suit, has offered him some advice.

“Earle predicted I’d have a lot of people asking for money,” says Sims. “He told me to either say. ‘No,’ or just give it to them. ‘Don’t loan it,’ he said, ‘or it will cost you friends.’ He was right.”

Despite an elaborate system for dodging solicitors and “old pals,” Sims has been subjected to a steady parade of panhandlers. Some former business associates wanted $15,000—just to live on. One man called to congratulate Sims on his victory and begged him to do his tax work. Flattered, Sims invited him over, only to hear a request for a $25,000 investment in a company to import wooden cars. Others called to say they, too, had filed wrongful termination suits; the common question was, “Would you help?” He offered moral support. Meanwhile, brokers and insurance salesmen “came in droves.”

Though Sims rejected the pests, he nevertheless found a humanitarian role for his good fortune: He read about someone in the newspaper being evicted and made back payments for that person. He won't discuss any other acts of generosity because boasting, he says, would cheapen their value. But he does smile warmly when explaining one advantage of his windfall: “I’m sick of people taking advantage of me. So it makes me feel good when I can help people who really need it with some Good Samaritan type deeds.”

After one year as a millionaire, Sims says, “I’ve learned there are a lot of people
looking for the easy way out. It’s reaffirmed my faith in friends. I really appreciate those who accept me as Roger Sims and not just someone they can use. And I have more respect for people who work.”

Dewayne Morrison is no accountant. But he too is wiser about windfalls, having won the richest prize in bass-fishing history--$500,000 for a 10.526-pound large-mouth hooked during last year’s Big Sam Big Bass Super Derby. The 34-year-old Deer Park air-conditioning repairman was orphaned as a youth, passed from relative to relative and ended up in high school in Pearland. Despite the cultural gap separating him from Sims, Morrison has learned some similar things about the people in his life since hitting the jackpot.

“The parasites and hustlers started calling,” he says. “I just told them the money had been invested and hung up.”

Actually, he's still waiting to get most of it. Only the first check, for $200,000, cleared the bank. Of that, just $50,000 belonged to him. He gave the rest to three acquaintances who had helped him raise the $400 entry fee—25 percent apiece, as agreed before the contest. Morrison learned too late that fishing-contest protocol would have the backers collecting only half the prize, and even then not until all the money had been paid.

“I paid them anyway,” he says. “When I took the $50,000 check to one of them, I asked for another $65 in expenses I hadn't figured on. They got mad and slammed the door in my face.”

Another neighbor who had once been his friend ignored Morrison until news leaked out about the missing $300,000. Says Morrison, “They came over then and made fun of me. I guess they were just jealous until they learned I didn’t get it all. The way it’s been over $50,000,1 can’t imagine what it would be like if I ever got a million.”

He and his wife have paid off some debts. They exorcised the urge to splurge with a trip to Gallery Furniture, where Jim “Mattress Mac” Mclngvale welcomed them like celebrities. Morrison also gave each of his children a $100 bill to blow. They've stashed enough to pay the tax bill—and to finance a lawsuit against the contest. That action could net the Morrisons more than the contest did, because Morrison has charged that the scandal derailed lucrative opportunities to endorse fishing products in bass magazines. He thinks maybe the past year has prepared him for a larger check if it ever comes.

“At least I’ve had a training course in windfall psychology now. If I had to look back some day and saw I had nothing left, I’d be mad at myself,” he says, noting that memories of his troubled youth have bolstered his conservative outlook. “I’m sensitive about creating shaky ground for my family. I had enough of that when I was a kid.”

Morrison has his dreams. If he ever gets all the prize money, he’d consider moving to a place where he could pursue bass fishing as a professional guide. And he’ll tote along the moral of his windfall: “If you make a deal you stand beside it. Maybe I live in an old-fashioned world where if you do what you’re supposed to do, people will, too. But I feel like I’ve been true to myself and that gives me confidence. And now I know that in bass fishing anyway, I can compete with the best.”

Perhaps the last word should come from a professional investor who also knows the thrill of collecting on a windfall. Allen Baker is an account executive with Dean Witter who plays poker for a hobby. Last year, he won $260,000 in a single exhilarating day in a preliminary at the World Series of Poker in Las Vegas. For someone who can earn $100,000 when the stock market soars, the pot wasn't all that big. But it did help Baker focus on a principle that sooner or later affects everyone, whether they count their windfall in chips or emotional currency.

“The accomplishment I felt was in beating the other players; that's what was in my heart,” he says. “When you win that thing, they give you the money and a gold bracelet. Everybody asked me how it felt to win all that money. Nobody asked me how it felt to beat all those other players.

“All of us are a little insecure, and whenever we win something, we doubt ourselves. We wonder if it was luck or something else,”  he continues, and notes that successful people are the ones who can focus on the chore at hand: “The game now is to make that money grow.”

Tuesday, March 19, 2019

Forensic Hypnosis: A Tool Or A Trick For Law Enforcement?


Here’s an article I researched and wrote near the end of my freelancing career in 1996 about the controversy surrounding attempts by law enforcement to use hypnosis as a tool for investigations and prosecutions. Although a couple of the sources quoted here have died, it appears the basic conclusions on the controversy of forensic hypnosis remain about the same as I discovered in 1996, according to a 2016 article in the Journal of Law and Criminal Justice.

My article was published in a quarterly magazine for the Texas Highway Patrol Association, appearing in the summer edition for 1996.

HYPNOSIS—UNLOCKING THE MIND
Twenty years ago in Chowchilla, California, 26 children aboard a school bus were abducted by masked men who herded them into vans and hid them underground in a rock quarry.

Although the bus driver and two students managed to claw their way out of the hideous grave, they couldn’t recall pertinent details about their abductors. Hypnotized and told to imagine himself lounging in a chair and watching the event on television, the bus driver simply read the license plates on the vans.

Timely disclosure of those numbers closed the case, making it a well-publicized event in California law enforcement annals.

Nevertheless, 20 years later, hypnosis has still not gained mainstream status as an investigative tool. Today it’s little comfort for law enforcement to know that the legal guidelines for hypnosis still remain murky; the U.S. Supreme Court has yet to provide absolute guidelines on the subject of witness hypnosis and laws differ from state to state. Several factors, such as declining membership in the 19-year-old ISIFH (International Society for Investigative and Forensic Hypnosis), indicate that hypnosis has less impact on criminal investigations now than a decade ago.

As a result, law enforcement agencies must use hypnosis with extreme caution. They need advice from their local prosecutors before they ever ask any witness to be hypnotized. Otherwise, they risk jeopardizing their case in court, since juries may view witnesses’ memories as having been tampered with. Hypnosis is tricky business both technically and legally, but it can also be an invaluable tool. Knowledge of some of its standard guidelines for use can provide officers with useful tools on difficult cases.

The Professional Battle
“My experience is that it’s being used less frequently because prosecutors don't want their cases compromised,” says Alan M. Goldstein, an associate professor in forensic psychology at New York’s John Jay College of Criminal Justice. “If used correctly as an investigative tool, it is a technique of last resort. It’s a tool with a downside. Court decisions have limited more and more the use of eyewitness testimony of witnesses who have been hypnotized.”

Nevertheless, Goldstein's use of hypnosis helped solve a series of rape cases in New York last year and demonstrated the investigative power of the tool. Hypnotizing a traumatized woman who could not provide a description of the man who had raped her twice because she had blocked the assaults from her mind, Goldstein asked her to try to recall details.

“Through forensic hypnosis, she recalled a ring he wore and his cologne,” says Goldstein. “But she also remembered watching him run away. She said he ran as if he were a runner.”

That sent investigators thumbing through the pages of local high school yearbooks, reviewing photos of track stars. The process prompted identification, arrest, and the solution of five other similar cases.

With the power to turn a witness’s quick glance into a critical clue, it’s no wonder that many investigators have championed hypnosis. But a combination of aggressive court battles and scientific research into the hypnotic process have produced a division among participants in the hypnosis arena. Exuberant fans like Paul Kincade, former president of ISIFH, blame a couple of prominent researchers for reining them in: the late Bernard L. Diamond from the University of California at Berkeley and Martin T. Orne of the University of Pennsylvania.

Diamond, who used hypnosis to assess the mental condition of Robert F. Kennedy assassin Sirhan Sirhan, had contended that hypnotized witnesses are incompetent to testify. And restrictive guidelines devised by Orne in a New Jersey case have become the standard for forensic hypnosis in most states, according to Goldstein. Orne is currently sidelined by illness and unavailable for interviews.

“It used to be a very active area,” says Irv Gullen, director of the Institute for
Forensic Psychology, an independent organization in Oakland, N.J. “But ten years ago data started to emerge that the information was unreliable. Although there were dramatic instances, it was more the exception than the rule. It’s now done as a last resort. Courts are reluctant to accept it unless it can be corroborated in another way.”

The scientific community began seeing dangerous consequences for the use of hypnosis in the legal process about ten years ago. In 1983, Dr. Orne chaired a special panel of the American Medical Association's Council on Scientific Affairs, a panel that reviewed all scientific evidence on the use of hypnosis to refresh memories of witnesses and victims of crime. Two years of study prompted a conclusion that hypnotically-obtained recollections can involve distortions called confabulations—fabricated details that the subject uses to fill in memory gaps of an event. But as Martin Reiser points out in The Handbook of Investigative Hypnosis, the same problems of confabulation, fantasy and suggestibility occur in non-hypnotic memory recall as well.

The result has been that there are now widely differing rules about hypnosis in each state. Three states reject testimony altogether from previously hypnotized witnesses; 21 allow only those memories recorded prior to hypnosis as admissible; 12 will consider it with a variety of different safeguards on a case-by-case basis; four admit such evidence without condition; and, 11 have yet to develop a hardened rule.

“We had 1,000 members in 1982 but now we’re down to just over 100,” says the ISIFH’s Kincade, who still travels the nation conducting hypnosis seminars and advocating for legislative change that will override the key court decisions.

Marx Howell, a 32-year-veteran of the Texas Department of Public Safety, says, “I think defense attorneys have taken away from law enforcement a viable investigative tool in some cases. I think there are some unsolved cases where hypnosis could develop new leads to investigate.”

Howell, who retired with the rank of inspector two years ago, also serves as vice president of the Texas Association for Investigative Hypnosis and says that Texas officers use the technique about 100 times each year. Initially opposed to its use in the 1970s, Howell became a fan of forensic hypnosis in 1979 when he chaired a DPS task force established to review the technique and establish guidelines for its use. As a result of the committee's work, Texas, in 1988, became the only state with a law that regulates the certification of police officers as hypnotists. He says the DPS has about 35 or 40 officers certified for the technique and he continues to teach it whenever requested. He agrees that officers must use caution because state laws and court rulings differ so widely across the country.

“Hypnotically refreshed recall is a viable investigative technique if used properly,” says Howell. “But if officers already have a suspect or a witness, they shouldn’t normally be using hypnosis to further their case.”

A History of the Tool
Both European and American investigators have employed hypnosis since the 19th century in what Diamond had called “very rare, exceptional and freaky” cases. California officers pioneered more use of the techniques in the 1960s under encouragement from the legendary Martin Reiser, who founded the now defunct Law Enforcement Hypnosis Institute in Los Angeles. Always at the forefront of the hypnosis controversy, Reiser insisted that police officers should be trained in the discipline. But he met with much skepticism, and became so discouraged that he no longer grants interviews on the subject, according to Debra Glaser, a staff psychologist in the Behavioral Sciences Section of the Los Angeles Police Department.

Reiser’s followers contended that hypnosis could remove amnesia and provide valuable information in 60 to 90 percent of cases where it's needed, according to the most recent and comprehensive report on forensic hypnosis, a 1993 report by Louis B. Laguna in the “Campus Law Enforcement Journal.”

Laguna showed that hypnosis plays a role in decreasing inhibitions about volunteered information that can later prove crucial in solving a case. Although few investigators would recommend arrests or prosecutions based solely on hypnotically induced testimony, a study of 400 hypnotic sessions conducted by the LAPD between 1974 and 1979 showed that officers learned vital, new information 67 percent of the time.

Before his death, Diamond charged in an interview with The National Law
Journal that hypnotism became a “fad” and an “epidemic” with the LAPD. He said the department trained at least 10,000 investigators in the discipline. He alleged that this army of law enforcement hypnotists may have contaminated hundreds of witnesses.

Critics and court challenges have drastically reduced law enforcement’s use of the tool. Perhaps the most influential case comes from a 1982 decision by California’s Supreme Court. Known as the “Shirley Case,” after a California rape case in which a Marine was wrongly convicted on the testimony of a victim whose memory had been “refreshed” with the help of hypnosis, its ruling states that anyone hypnotized in an investigation may not testify.

“We still use hypnosis in California in cases that have multiple victims or witnesses—cases in which we can afford to ‘throw away’ one witness,” explains Kincade.

The Shirley case has slowed the use of hypnosis but not stopped it completely, according to Glaser. “We might use it if a detective calls and is absolutely stuck,” she says. “I might be called in to hypnotize a witness but that’s all I can know about the case. My only connection is—I do it.”

Her aloof presence stems from the assumption that police agencies should use independent, third-party resources for hypnotic sessions. This ensures that opponents can’t charge that the hypnotist had a stake in the outcome and suggested helpful answers to the witness.

Hope for the Future of Hypnosis
Kincade cites Texas as one jurisdiction where hypnosis continues to play a substantial role in police investigations. That's due to a 1988 ruling from the Texas Court of Criminal Appeals in the 1967 murder case of an Austin store clerk. Unsolved for a decade, the case came to life in 1980 when a Texas Ranger hypnotized a witness who then selected a suspect from a photo spread.

The result? A conviction and 99-year prison sentence.

The state’s highest criminal appeals court allowed the hypnotically induced testimony by citing an important 1987 U.S. Supreme Court case that had focused on the testimony of a criminal defendant from Arkansas. In that case, a woman charged with her husband's death had undergone hypnosis to recall details of the murder. In the process, she recalled that the gun had discharged by accident. The court denied her right to testify in her own defense about the hypnotic experience, but the nation’s highest court overruled, providing its only real opinion on the use of hypnotism.

If investigators are hesitant to use hypnosis, Laguna notes, they can borrow hypnotic techniques such as “guided imagery” to find critical information. However, Laguna warns that scientists lack data about its reliability, which may make it vulnerable in court. The technique helps witnesses relax and meditate on events without hypnotic trances, allowing them to use their imaginations to return to the day of the crime and re-experience its events and details. The technique varies with each witness depending on the subject's ability to relax and daydream about past events.

Hypnosis and the Subconscious Mind
In the words of PAUL KINCADE

It’s not generally known that the conscious mind is critical, analytical and overly protective. When a person experiences a traumatic event, the conscious mind will delete, distort or generalize the event to make it acceptable to live with.

Take as an example, the case of a police officer who arrives at the scene of an accident to find the paramedics assisting an unconscious driver. When the driver regains consciousness, the officer may ask him what happened. “Geez,” the man might respond, “I don't know. The last thing I remember is seeing headlights way down the road, coming toward me.”

 A lot of things happened between the time the driver first saw the headlights and the time he lost consciousness, but his protective conscious said, “That’s too heavy to live with, so forget it.”

As a result, he suffered a spontaneous amnesia. We also see this phenomenon with victims of rape and other violent assaults. Before the conscious mind puts an experience into memory, it will censor it. However, at the same time, the subconscious mind will record the same event, but without any alteration, and file it away at a subcortical level of the brain stem, below conscious awareness.

A trained hypno-lnvestigator can create a trance state for the victim or witness, bypass the critical conscious mind and retrieve the unaltered version. It should be emphasized that any information retrieved by hypnosis is perceptual and not necessarily factual. This is why all Information, from whatever source, hypnotized or not, must be corroborated by hard evidence. It should be understood that hypnosis is an information-gathering technique, rather than a fact-finding one. It also is a tool of last resort.

Paul Kincade, M.A., served twelve years with the San Diego Police Department as their forensic hypnotist, working with crime victims and witnesses, police officers with problems and the academy's cadets. He is currently a reserve deputy sheriff with the Washoe County Sheriff's Office. He teaches the techniques of forensic hypnosis at three Northern Nevada police academies and at agencies that request these services.

Kincade received a U.S. Congressional Distinguished Services Award and was nominated for the California Governor's Crime Victims Services Award. He was inducted into the International Hypnosis Hall of Fame in May in Pennsylvania.

GUIDELINES
Investigators who decide to use hypnosis should note that:

·       Investigators should use only health professionals or law enforcement that have been trained In forensic hypnosis with no previous knowledge of the case’s facts to hypnotize subjects, To ensure that the hypnotist will ask proper questions, investigators must carefully prepare a memorandum of basics without including opinions to influence the session.

·       They should videotape all contact between the hypnotist and the witness from the introductions to the final farewells to prove that casual comments haven't produced suggestions for recreation of a crime.

·       Only the hypnotist and the witness can remain in the room during the session to prevent inadvertent suggestions from third parties.

·       Investigators should have videotapes of all previous interrogations of the witness, so they can document the changes or additions to the subject’s version.

“You have to get pre-existing observations documented to distinguish between what they knew before and later,” says Goldstein, emphasizing the need for earlier tapes. “The worst thing that can happen to a police department is that they call someone who doesn’t know about forensic hypnosis. Before you know it, leading questions are asked and the prosecutor has to clean up the mess. Some departments are using dentists.”

Investigators like Kincade know that defense attorneys will remain quick to cite the criticisms of top hypnosis critics, such as Diamond and Orne, when handling cases where hypnosis played a role.

Defense attorneys may argue that:
·       Hypnotized witnesses are susceptible to suggestions by the hypnotist.

·       Witnesses may fill memory gaps with confabulations—fantasies, fears or hopes—that contradict the actual events.

·       The process leaves the witness with an almost unshakable belief in the memories produced—a belief so strong that it usually defies cross-examination. Juries still perceive hypnosis as infallible despite warnings from judges.

·       The subject usually works to please hypnotists, falling under their spell.