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Showing posts with label 1993. Show all posts
Showing posts with label 1993. Show all posts

Wednesday, May 6, 2009

CA- A molester's murder goes unsolved

5-6-2009 California:

Laura Bejerano wants to talk with whoever killed her father in 1993.

Alan Schwalbe was sitting at his desk, which was strangely positioned in a hallway between the kitchen and the garage, when he heard footsteps.

The 61-year-old property manager, who lived in a five-bedroom sprawl on the border of Costa Mesa and Newport Beach, was alone at the time. Schwalbe's roommate had just left to go to the beach.

He got up, apparently to close the garage door, but he was too late. Someone began pummeling him near his desk.

The fight went from the hallway to the kitchen and that's when Schwalbe put up his last stand. He reached to the kitchen counter for something, anything, that he might use in his defense.

This angered his attacker, who pulled out a knife and repeatedly stabbed Schwalbe in the neck, chest and heart. Schwalbe bled to death in a pool of his own blood.

At least that's what Schwalbe's daughter, Laura Bejerano, thinks happened. It's the way she's told it to herself, hundreds of thousands of times, in the 16 years since the murder.

What gets her the most is that she still doesn't know the who. Or the why.

•••

Bejerano, 40, a mother of three, is an instructional assistant at a local school district who recently earned a Bachelor's Degree in psychology. She hopes to go into forensic psychology, an interest she attributes to her father's ongoing case.

When Schwalbe was murdered, Bejerano was in her mid-20s and just out of the Navy. She lived in Costa Mesa with her mother and four siblings. She took classes at Orange Coast College.

And precisely at the time of the stabbing, she was on her way to visit her father – but turned around.

In the early years after the murder, the thought Bejerano couldn't shake was a simple one:

"I could have stopped them."

But in the years of therapy she's had since then – beating back what she terms "survivor's guilt" – she's heard something else, too.

"Had I shown up, I could have been killed too."

Life as the surviving relative of a long-unsolved murder has been challenging. While she's able to cope on a daily basis, Bejerano still misses her father – especially on his birthday and the anniversary of his death.

Worse, she says, is watching an increase in the number of solved cold cases – as new technologies are developed – while seeing little progress on her father's case.

"I celebrate for them … but I'm so frustrated," she says. "It's bittersweet. Like somebody's sort of taking my heart and twisting it a little bit."

What gives the grieving daughter even less hope is who her dad was.

Who really wants to solve the murder of a convicted child molester?

Schwalbe was a political science teacher at Corona del Mar High School until his teaching credentials were taken away in 1975. He was convicted of misdemeanor molestation charges involving two 16-year-old male students.

Bejerano says her father was also abusive, which strained relations between him and his family. But for all of his faults, she says there was good in him, too. After leaving prison, for example, Schwalbe became a vocal – and by many accounts effective – supporter of gay rights.

"My dad might have done some bad things in his life. He might have done some things that weren't so Boy Scout-ish," she says.

"That doesn't give anybody the right to take his life."

•••

Schwalbe's murder is one of about 140 still-active cold cases at the Orange County Sheriff's Department. Sgt. Yvonne Shull of the OCSD says the case last was looked at in 2006, when it was entered into the FBI's Violent Crime Analysis Program, which helps to link crimes with the same modus operandi.

Shull wouldn't elaborate on the evidence the department has in the Schwalbe case. But she explained that these types of cases can be solved in a variety of ways.

Sometimes suspects are captured using original or newly discovered evidence that was never subjected to testing technologies that have become available since the original investigation. Also, recent laws have created a fast-growing database of prisoner DNA, which Shull says has helped generate many new leads in old cases.

Still, Shull says, technology isn't of importance in solving all cold cases.

Guilt can wear on people. Relationships change. For those reasons and countless others, Shull says, a person who knows something about a crime might speak out – sometimes years later – even after initially declining to help.

And Shull is quick to shoot down the idea that Schwalbe's case remains unsolved after 15 years because of his background.

"When you're an investigator, you're given the responsibility to solve who murdered somebody," Shull says. "That person's race, previous history, you can't be prejudiced of that. You have to understand that your job is to find out who killed them."

•••

Bejerano is rooting for guilt.

"Time ages you, time softens you," she says. " … I'd like to think that (the killer or killers) were so hard then that they've become soft now.

"I'd like to think that something is nibbling at them, something is bothering them," she continues. "That they just need to tell because they've taken away a father, a grandfather."

While nothing will bring her father back, Bejerano has faith that his killer can be found.

"There is a chance for justice, for me to get answers," she says. "Why did they do it? How did they think they would get away with it for as long as they did?"

While she longs for a face-to-face conversation with the perpetrator, she hasn't ruled out the fact that the killer might already be dead. If that's the case, Bejerano says she could be at peace.

"I'd just find resolution because I believe that there's justice on God's side.

"That's when faith comes in and I dig in deep and say 'OK, let it go.'" ..Source.. by NIYAZ PIRANI, The Orange County Register

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Newspaper Apologizes p. 15 (5-4-2011 by: M.L. Stein)

California daily says it made an error of judgment when it prominently played up the 1974 child-molestation conviction of a former teacher found murdered in his home last month. A 61-YEAR-OLD man is murdered, stabbed to death in his home.

Nearly 20 years ago, as a respected high school teacher, he was convicted of sexually molesting two male students and sentenced to six months in jail. How should his past be played in a news story of the slaying?

The Daily Pilot, which covers the Orange County, Calif., coastal area, grappled with this question and decided it had made a grave mistake.

The headline on its Aug. 13 story said, "Convicted child molester found slain." The lead said, "A 61-year-old man who was found stabbed to death in his home Wednesday has been identified as the former Corona del Mar high school teacher convicted of molesting two of his students in 1974."

In the sixth paragraph, the past of the victim, Alan Schwalbe, was picked up and detailed for another seven paragraphs. It was noted that Schwalbe denied the charges at the time.

The story brought a storm of protest from relatives and friends of the well-to-do property owner.

Laura Schwalbe, one of Schwalbe's five children, phoned the paper to complain that her father's life amounted to much more than his criminal conviction.

As reported by the Daily Pilot, she added, "This is sensationalism at its worst.

It's tabloid stuff like some paper in London. He was a good man and deserved much better than this. This really hurt . . . . "


Costa Mesa Councilman Joe Erickson, a self-described friend of Schwalbe, accused the paper in a letter of exploiting a "juicy story even after the passage of time."

The Pilot, Erickson continued, "did not speak of Alan's many years of service to his community. He volunteered to deliver lunches to housebound senior citizens, served meals to homeless people, arranged for jobs for prison inmates upon their release . . . served the Orange County Fair Housing Council and cared for AIDS patients in his home."

Although the jail sentence cost Schwalbe his wife, his job and most of his friends, "he continued to protest his innocence to the day he died," the letter said.

However, even if guilty, Schwalbe had paid his debt to society, Erickson contended.
The protests did not go unheeded.

In its Aug. 14-15 weekend edition, the Pilot carried a front-page "Apology" box by editor William S. Lobdell, who called the previous day's story "one-dimensional and distorted."

"He was a murder victim and we focused almost entirely on a 19-year-old conviction," the editor added. "The treatment we gave the article ? including its headline and placement ? represented an error in judgment. He deserved better. Our readers deserved better."

Next to the apology was a column by managing editor Steve Marble, who conceded that "it was unfair to portray [Schwalbe] as a child molester and leave it at that." The column appeared in the same spot as the murder story and was approximately the same length.

Marble recalled, however, that the reporter who wrote the story had tried to talk to Laura Schwalbe at the murder scene but was refused. Pressed by a deadline, the reporter turned to the newspaper's library where the file on Schwalbe "began and ended with the child-molestation case."

Subsequently, the paper learned that Schwalbe had been a respected member of the gay community, an activist who had marched for gay rights and a worker in Democratic politics. He had helped establish a chapter of a veterans' group for gays and lesbians.

In judging the murder story, Marble concluded, "The article, of course, was accurate. It was factual. It was a neat synopsis of a very miserable point in Schwalbe's life.

"But in the cold light of the morning, after listening to a murder victim's daughter and staring down at the huge headline that had dredged up an event that had lost any semblance of news value, I realized it was possible to be accurate and inaccurate all at once."

Marble, a 15-year newspaperman, said, "This is a lesson we have to relearn. The situation keeps coming back. We should not have let a 20-year-old conviction become the whole story. We should have tried harder to get more background on the man."

Saturday, June 16, 2007

Frontier Justice

4-19-2003 California:
DANIEL MARK DRIVER, 35, HAD JUST TAKEN HIS SEAT in a rural California courtroom for a hearing on charges that he had sexually molested four boys when Ellie Nesler, the 40-year-old mother of one of the victims, quietly walked up behind him. According to police, she pulled out a small-caliber pistol and fired five shots into his head.

The fatal shooting quickly plunged the tiny gold-mining town of Jamestown into turmoil. Reporters poured in, tabloid-TV shows pressed for details, and local supporters took up a collection for Nesler's defense. Donna Brewer, who runs a cafe next to the courthouse, said Driver "deserved what he got. That's the worst crime there is." And Nesler's sister claimed that Driver, who had a previous conviction for child molestation, had "smirked" when he entered the courtroom. Almost lost in the hubbub was the district attorney, who called the shooting "reprehensible." Nesler, who was freed on $500,000 bond, will enter a plea this week. ..more.. by Time Magazine

Son of vigilante mother now subject of California manhunt
7-29-2004 California:

SONORA, Calif. (AP) -- In 1993, Ellie Nesler walked into a courtroom, pulled a gun from her purse and killed the man accused of molesting her 11-year-old son, William. Now William, who has had numerous brushes with the law over the years, is himself wanted for murder.

William Nesler, 23, allegedly beat David Davis to death Sunday just minutes after being released from jail in another attack on Davis last month. Nesler is now the target of an intense manhunt in this mountainous area of California.

Authorities say Nesler — booked in jail on 18 separate cases in the last five years — is 6-foot-2, weighs 225 pounds and is covered in tattoos; he's considered armed and dangerous.

"Investigators are following leads. He could be anywhere," said sheriff's spokesman Sgt. Roger Dittberner.

On Wednesday afternoon, three officers with guns drawn returned to the one-acre lot where Nesler has lived, searching in the collection of trailers and shacks on the property. A reporter's car parked in front of a "No trespassing" sign had triggered the search, a deputy said.

A worker at a former rock crushing operation next door, Cory Njirich, said Nesler had seemed like he was trying to get his life in order. "He didn't get too far," he said.

Ellie Nesler burst into public view April 2, 1993, when she shot a twice-convicted child molester, Daniel Mark Driver, 35, five times in the head as he faced trial for seven molestation charges, including one related to her son. Nesler, derided for vigilantism and praised for exacting her own justice, is now in a California prison for charges related to manufacturing methamphetamine.

She received a 10-year prison sentence for murdering Driver, but was released after three years because of juror misconduct in the sanity phase of her trial.

Davis, 45, died Monday at a Modesto hospital. ..more.. by Associated Press

The story of Ellie Nesler offers a real-life gloss on the figure of the avenging mother. In 1993 Nesler walked into a California courtroom and with five shots from a palm-sized semi-automatic pistol killed a man charged with molesting four young boys, including her son. The incident was reported nationally, with some people hailing Nesler as heroic and others understanding her impulse but deploring her act. The shooting was both punitive and preemptive. According to the Los Angeles Times, the defendant "smirked" at Nesler as he entered the courthouse. Apparently in a rage, she took the gun from her sister's purse moments before the shooting and somehow carried it into the courtroom. Following her arrest Nesler said, "The man's sick. He deserved to die. Maybe I'm not God, but I'll tell you what -- I'm the closest thing to it for all the other little boys" (see Arax and Fuller). Four years later, released on parole, Nesler saw her action as a mistake, something that had afflicted the lives of her two children and compounded the pain of the initial situation. She saw, in other words, the consequences of what she had done.

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ACCUSED MOLESTER IS KILLED IN COURT

4-4-1993 NY:

A man charged with molesting five boys at a church camp was shot to death during a court hearing on Friday by the mother of one boy, the authorities said.

The woman, Ellie Nesler, 40, was being led to the witness stand after a recess in a preliminary hearing for Daniel Driver, 35, when she pulled out a small handgun. She then shot him in the back of the head, said Mike Costa, an assistant sheriff here in Tuolumne County.

Mrs. Nesler surrendered immediately, he said. Witnesses said she appeared calm as she was led from the courtroom in handcuffs.

"You might think that somebody who did something like that would be shriveled up, but she was proud," said Rick Shackley, a shop owner in this town in the Sierra Nevada about 120 miles southeast of San Francisco. Convicted in Earlier Case

Mr. Driver had been charged with molesting the boys from July 1986 to September 1988, when he worked at a church camp. He had a previous conviction for child molestation, said the Acting District Attorney, Michael Knowles.

Mrs. Nesler's son, who is 11, was among the boys Mr. Driver was accused of molesting, Mr. Costa said.

The authorities said courtroom spectators and witnesses were not checked for weapons.

Sgt. Bob Wolfgang of the sheriff's department said investigators from the State Attorney General's office would review the case before any charges were filed against Mrs. Nesler. Blaming Man's Smirk

Mrs. Nesler's sister Janette said Mr. Driver had set off the shooting with a smirk at the family as he was led into the courtroom.

"She wouldn't have done it if he didn't have that cocky look in the beginning," she said.

Mrs. Nesler used her telephone call from jail to talk with her son, who is staying with family members, said Marrietta Adams, another of Mrs. Nesler's sisters.

Ms. Adams did not fault her sister for the shooting. "What's a mother going to do?" she asked.

The shooting was the main topic of conversation in this town of about 2,200 people. "They were saying she deserves a medal and they want to be on the jury so they can let her go," a waitress, Denise Wested, said about the customers at the restaurant where she works here. ..Source.. by NYTimes

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Ellie Nesler, Mother Who Killed Her Son's Accused Molester, Dies at 56

12-29-2008

Ellie Nesler, who sparked a national debate about vigilantism after killing her son's accused molester in a courtroom in 1993, has died of cancer. She was 56.

Nesler died Friday morning at UC Davis Medical Center in Sacramento, according to hospital spokeswoman Phyllis Brown. She had battled breast cancer since 1994.

Nesler made headlines when she shot Daniel Driver five times in the head in a Tuolumne County courtroom during a break in his preliminary hearing for allegedly molesting four boys, including her then-6-year-old son William, at a Christian camp. Some hailed her for exacting her own justice, while others condemned her for taking the law into her own hands.

Nesler was convicted of voluntary manslaughter, but her 10-year sentence was later overturned because of jury misconduct. She cut a deal with prosecutors to plead guilty to manslaughter and get out after serving three years because she had breast cancer.

The case became a 1999 TV movie, "Judgment Day: The Ellie Nesler Story," on the USA cable network.

After the shooting, the Nesler family remained entangled in the legal system. In 2002, Nesler was sentenced to six years in prison after pleading guilty to selling and possessing methamphetamine. Outside the courtroom, she maintained her innocence, saying she felt she couldn't get a fair trial in Tuolumne County.

She got an early release from a women's facility in Chowchilla in 2006.

Meanwhile, her son got into legal troubles of his own and was convicted of first-degree murder in 2005 for stomping to death a man hired to clean the family's property in Sonora. The 23-year-old said he believed David Davis was letting people pick through the family's belongings.

William Nesler killed Davis less than an hour after he was released from a 30-day sentence for an earlier assault on him. He is serving a 25-year-to-life sentence.

Prison officials allowed William Nesler to speak with his mother on the phone until she became too ill Christmas night, said Terry Thornton, spokeswoman for the state Department of Corrections and Rehabilitation.

"He knew she was very ill, and he knew her death was impending," Thornton said.

William Nesler has asked for a temporary leave to attend the funeral, and the request is being reviewed by prison officials, Thornton said. ..Source.. by Fox News