Author: Karen Foster

August 1st, 2011

Surviving Parents Coalition

Introducing our new logo! SPC is proud to announce we have selected a logo that will truly represent our members and our mission. Thank you Mary Lyall for all the work you put into this.
We hope this logo will someday be recognized world wide. We are striving daily to ensure changes in legislation and education to better protect our children. We do this in honor of our children.

SPC Goals
Collection of DNA on All Felony Arrests in All 50 states & Canada
All states compliant with Adam Walsh Act and SORNA
Funding for ICAC Task Forces and the PROTECT Act.
Educational programs to protect our children from sexual predators

Ed Smart
SPC President

DNA on Arrest Wins Battle in 3rd US Circuit Court of Appeals!

Collection of DNA on arrest does not violate the Fourth Amendment according to a decision July 25th in the 3rd US Circuit Court of Appeals. In a close decision, the majority justices agree.
DNA testing of suspects arrested for a crime does not violate the US Constitutional right of an accused to unlawful search and seizure. In a 8-6 vote the 3rd US Circuit Court of Appeals upheld the DNA law to collect DNA for those arrested of a crime.
Judge Julio Fuentes wrote that "under the totality of the circumstances, given arrestees' and pretrial detainees' diminished expectations of privacy in their identities and the government's legitimate interests in the collection of DNA from these individuals, we conclude that such collection is reasonable and does not violate the Fourth Amendment."
This decision will make it possible for Pennsylvania lawmakers to revive a bill there to start collecting DNA on Arrest. Currently 26 states and the federal government collect DNA on arrest. Many more states have bills pending. American Civil Liberties Union have vowed to take the issue to the Supreme Court.
Jayann Sepich, SPC member and founder of DNA Saves, filed a brief supporting the law. She responded to the decision saying, "DNA collection saves lives. Perpetrators of heinous crimes who are arrested again and again but not convicted continue to rape and murder," Sepich said. "I know the court made the right decision, and as a result, many lives will be saved."
Sepich's daughter, Katie, was murdered in New Mexico in August 2003. The killer was identified through DNA 3 years later. www.DNA Saves.org Sepich has worked tirelessly to advocate for DNA on Arrest in all 50 states. This is, in part, a result of her advocacy. Thanks Jayann for all that you do!
The Kelsey Smith Act
The “Kelsey Smith Act”, is a law that “Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location information concerning the telecommunications device of the user to the requesting law enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.”
When Kelsey went missing on June 2, 2007, her parents Greg and Missey could not convince her cell phone provider to release her cell phone location information. When the cell provider finally sent an engineer to the tower that Kelsey’s phone had last made contact with her body was located in 45 minutes. Believing that cell phone companies should have to release this information in an emergency the Smith’s started in their state of Kansas to change this so no other family would have to suffer not knowing where their child is. It is now law in Kansas, Nebraska, Minnesota, New Hampshire and this year in North Dakota. The Kelsey Smith Act, HR847, has been sponsored at the federal level by Rep. Lynn Jenkins of Kansas. It has been referred to the Subcommittee on Crime, Terrorism, and Homeland Security. It is also being worked in Canada and the Smith’s were contacted by representatives from London.
The Kelsey Smith Act has the support of law enforcement, Verizon, Sprint and AT&T. Just this spring, Kelsey’s Law was used in locating a teen that had left a suicide note for her family. She was located alive.
Frequently Asked Questions:
Under what conditions can my can my information be released?
To respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.
What information is released and to whom?
The physical location of the cell phone (latitude/longitude) and only to law enforcement under the conditions listed in question 1. No call information or text messages will be released.
Why is this law necessary? Don’t cell phone providers have to provide this information to law enforcement anyway?
Cell phone providers are, for the most part, regulated by the FCC under federal law. The only provision for releasing information to law enforcement under those laws is that a company MAY provide the information when requested. The Kelsey Smith Act makes providing the information mandatory..

SPC Members: Call your lawmakers and invite them to visit SPC at the National Conference of State Legislatures in San Antonio. More details inside. See article below.

Inside this issue:

SPC Heads to San Antonio, TX for NCSL

One of the best places to catch up and talk with our lawmakers is at the National Conference of State Legislatures, NCSL
Each year lawmakers meet in various cities and SPC will be in San Antonio introducing SPC and our mission to lawmakers from every state. It is an opportunity to talk with senators and representatives about the issues we strive to improve with laws or funding.
Mika Moulton, Linda Walker, Mary Kozakiewicz and Karen Foster will be attending the conference August 8th –11th.
Please call your lawmakers and encourage them to stop by SPC’s Booth #109 at the Exhibition Hall. We will have materials available and would welcome the opportunity to meet with them and explain how their state is doing regarding DNA, AWA, ICAC, and PROTECT. We’ll tell them about the educational programs too. Let them know we can help them get their bills passed.

On The Road Again	2
Elizabeth in the News	2
Facebook	2
NamUs Exceeds 15,000	3
Adam Walsh 30 years	4
Tragedy to Triumph	5
President’s Message	6

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Surviving Parents Coalition

On the road again… Maggie’s clocked over 45,000 miles

Be Proud. Serve on a jury; it’s nothing compared to doing a Tour of Duty in Iraq

One of SPC’s flashiest members, Dr. Maggie Zingman, is hitting the road again in search of her daughter’s killer.
Maggie’s 18 year old daughter, Brittany Phillips, was raped and murdered September 28, 2004. The killer remains unidentified.
This is Maggie’s eighth “Caravan to Catch A Killer” journey. She has travel over 45,000 miles covering 42 states. While visiting the states Maggie speaks with reporters, law enforcement, lawmakers and the general public drawing attention to the unsolved murder and to laws that need to be changed.
Maggie has been pushing for collection of DNA on all felony arrests in Oklahoma and many other states. She also is pushing for tougher penalties for rapists.
During this current trek Maggie will travel 6,000 miles through, Montana, Washington, Oregon, Nevada and Utah.
Full Article: http://billingsgazette.com/news/local/article_2f350700-9121-5dd8-a7d3-59017fc927ad.html?oCampaign=hottopics

Join one of the SPC Committees to help us make a difference in the lives of our children, grandchildren and great grandchildren

ABC’s Smart Move

.Elizabeth Smart is in the news again, but, now she will be holding the mic. ABC Network News has hired Elizabeth as their newest contributor. She will be their “missing persons’ expert.
It is an incredible honor for our SPC family to watch one of the few child survivors of our group succeed to such amazing heights after all she has endured. We are all so proud of Elizabeth for her tenacity and grace. She is a “shining example” of how adversity can be overcome and we can succeed. Congratulations Elizabeth and to Ed and Lois. We share in your pride.
Full Story: http://news.yahoo.com/blogs/cutline/abc-news-taps-elizabeth-smart-missing-person-contributor-151218092.html

New SPC Facebook Page By Mika Moulton

Shortly after the SPC was formed we set up a Facebook page. We all know of the changes that have happened and updates with Facebook over the last few years. Therefore, the SPC has a new page and we invite all of you to join, if you haven’t done so already.
Please share the page with your friends and on your wall so that we may bring the awareness to all of the work we are doing.
The link to the new page is:
https://www.facebook.com/#!/spcoalition
Editor’s Note: Many thanks to Mika, Patti and Cameron for all the work they have done keeping us visible and more of a voice for our children.

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Surviving Parents Coalition

NamUs.gov Exceeds 15,000 Missing and Unidentified

Last month the number of cases in the National Missing and Unidentified Persons Systems (NamUs.gov) two databases reached a combined total of more than 15,000 and the number of registered users has grown to 10,000. To date, NamUs is credited with resolving 120 of the missing and unidentified person cases in its databases. What’s most impressive about these numbers is that this has all happened in a little more than two years. / The exponential growth of NamUs since its launch in January 2009 illustrates the true potential of this system. In 2009, the number of missing person cases in the system doubled, and last year they nearly tripled. This continued growth is critical because with more cases in the system, more cases can be solved and more families can get the resolutions they have been seeking for so long. NamUs is a national repository for information about missing and unidentified persons. The public may register to search and report information in the missing person database and may search, but not add, information about unidentified persons. Law enforcement officers, coroners, and medical examiners and other professionals may register to search and report information to the missing person database and the unidentified persons database. / More than two-thirds of the 10,000 registered NamUs users are members of the general public. The balance are death investigation professionals such as coroners, medical examiners and law enforcement officers. The missing persons database contains 7,557 entries and the unidentified persons database has 7,938 records. Two cases illustrate how NamUs can aid investigators. David Brennesholtz — On March 8, 2008, an unidentified deceased male was found in Clearwater, Fla. The case was entered into NamUs in July 2008. In November 2009, Sue D’Agostino from Islip, New York, learned of NamUs after seeing a public service announcement. D’Agostino and her family had not heard from her brother, David Brennesholtz, for several years and began searching the unidentified side of NamUs. She came across Unidentified Person Case #2297 and thought the face in the photo could be her brother and contacted the Pinellas County Medical Examiner’s office with her inquiry. Family DNA reference samples were taken and the unidentified man in Clearwater was positively identified as D’Agostino’s missing brother. Ronald Norman — On December 8, 1991, Ronald Norman, 42, went missing from the foster care home where he lived in Detroit, Mich. He went for a walk and was never seen again. The following April, two fishermen came across a body floating in Lake Erie. The medical examiner determined the victim’s cause of death was drowning. The unidentified man was buried as “John Doe.” / Then in 2008, Mr. Norman’s case was entered into NamUs, and he became Missing Person (MP) case #829. In 2011, the Michigan State Police began entering their unidentified cases into NamUs, and the unidentified man found in Lake Erie became Unidentified Person (UP) case #8484. As soon as the UP case was entered, the NamUs automated cross-matching feature flagged UP #8484 and MP #829 as a potential match. / The two cases had similar features — specifically missing teeth, a skull injury and the type of clothing Mr. Norman wore when he was last seen. The medical examiner ultimately made a positive identification of Ronald Newman. This was the first resolved case as a result of the NamUs automated cross-matching feature. Nationwide, 4,400 unidentified remains are found every year and over 1,000 of these cases remain unidentified. Currently, there may be up to 40,000 human remains that are unidentified. / Reprint of article from http://www.policeone.com/investigations/articles/3907095-Two-cases-illustrate-how-NamUs-can-aid-investigators/

SPC thanks our sponsors for their support and generous donations.

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No one should get away with murder, rape, nor any other heinous crime. With collection of DNA on all felony arrest, they won’t.

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Become involved in one of our educational initiatives!

A Well Known Story
By Mika Moulton
We all know the story. Most of us know what we were doing and where we were when the story hit the media thirty years ago. I myself, remember sitting in my small one bedroom apartment, holding my 6-week old baby girl in my arms and watching the news coverage on a little 13-inch black and white TV. I distinctly remember looking at my baby and thinking how I would die if anything ever happened to my child. It is the story of Adam Walsh.
On July 27, 1981, 6 year old Adam Walsh was abducted from a department store in Florida. Adam’s kidnapping and murder prompted his father, John Walsh to become an advocate for victim’s rights and helped to spur the formation of the National Center for Missing and Exploited Children (NCMEC). As a result of this advocacy he became the host of the television program, “America’s Most Wanted.”
The Code Adam program for helping lost children in department stores is named in Walsh’s memory. On July 27, 2006, President Bush signed the Adam Walsh Child Protection and Safety Act into law. The ceremony took place on the south lawn of the White House where leaders from both sides of the political spectrum joined John and Reve’ Walsh. In addition to establishing a national sex offender registry law, the Act made significant changes to sexual abuse, exploitation and transportation crimes.
The Act created new substantive crimes, expanded federal jurisdiction over existing crimes and increases statutory minimum and/or maximum sentences. The Surviving Parent’s Coalition has made the Adam Walsh Act one of the four initiatives we support in getting States to be in compliance.
We all know this story. Unfortunately, many of us know the story first-hand, having lived it ourselves. John and Reve’, just like many of us, have not allowed our child’s disappearance to banish us to our homes. We have taken a very public and outspoken stance against missing children. We have been through the nightmare, moving forward, working on legislation and child protection and safety education – but where do we go from here?
We must continue our work to help other parents of missing children bring this epidemic into the spotlight. We must not be afraid to talk to and educate children about sexual abuse and abduction. Another Initiative of the Surviving Parents Coalition does just that – the Not One More Child Initiative. This initiative is a community model for prevention education. Remember the old Schoolhouse Rock commercials? “Knowledge is Power!” Yes, knowledge is power. We must become empowered to protect all children.
If we could turn back the hands of time, Adam’s disappearance or that of our own children would never have occurred. So now we must all focus on the positive and what we can to do provide a voice for ALL the missing and exploited children.

Help protect our children from predatory crimes.

Tragedy to Triumph
By Karen Foster
Never in my wildest dreams did I ever expect to feel so good! After almost 17 years I
finally heard the most soothing words; ―Guilty!
I was sobbing with joy and relief in my son’s arms as the verdicts were read out loud in the packed Anchorage courtroom. Kenneth Dion was found guilty of 1st degree murder, guilty on two counts of 2nd degree murder and guilty on one count of 1st degree sexual assault.
That was June 15th, 2011. Dion abducted, raped and killed my 18 year old daughter, Bonnie Craig, September 28, 1994. He was finally identified by a DNA match in CODIS November 2006. It took almost 5 years to get to the conviction.
From the time I was notified, Jan.6th, 2007, I lived in fear that we knew who it was now, but what would happen if he got away with murder? I expected it to be incredibly difficult to prove intent for 1st degree murder and I was petrified that evidence would be lost, expert witnesses would cause doubt, we could end up with a mistrial or hung jury...or worst yet, an acquittal. There are so many technicalities that could come up.
So many things had gone wrong with the investigation. Initially, the Alaska State Troopers had told me Bonnie died in a hiking accident and the defense was using that against us. With a cold case there are so many hurdles to overcome.
The video, shot the day of the murder when the troopers were at the scene recovering Bonnie’s body, was lost. Miraculously, it turned up the day after opening arguments. Someone from the Alaska State Troopers, after reading the newspaper article about the lost video, realized they had seen it in a box in some office. That alone could have caused a mistrial. It only resulted in a couple of days' delay as the defense team had their 'expert' review it.
However, each day from May 10th on, our family and friends would walk out of court feeling positive, although, those following the trial in the news saw a different, more controversial side of the testimony from each day. This was one of the first trials in Alaska that people could follow on Twitter. A local reporter sent out a 'tweet' every 5-10 minutes.
We sat through jury selection, taking notes and listening to their responses. Our prosecutor, Paul Miovas, involved us in the process, asking who we wanted eliminated. We were amazed at the number of young adults in our jury pool. I was filled with pride as I sat there listening to them. It would be an extremely graphic case, dealing with autopsy photos. It would be a month-long time commitment for them. There were many the defense eliminated that we would have liked to have kept. But, we ended up with a great jury. Each day we met with the prosecutor and his assistant Jenna Gruenstein after court, to review testimony and strategies. All seemed so positive; even the witnesses who were supposed to be an issue for us turned out to benefit our side.
The absolute worst day of the trial was the one day we watched the crime scene video of the Alaska State Troopers recovering Bonnie’s body from the creek, lifting her face out of the water and seeing her lifeless, battered body placed into a body bag. It was excruciating to see my beautiful baby girl, knowing that she’d fought so hard to survive. Dion was a 5th degree blackbelt in martial arts. He had beaten her over the head with nunchuks.
The jury watched the interview of Dion when he bragged to the Alaska State Troopers that he was a fighter and he had fought most of his life. In the interview, prior to bringing Bonnie’s name up, Dion told them he drove around with martial arts weapons in his car. He claimed he never met Bonnie then. Later the defense claimed they had a “secret tryst” that Dion had forgotten about, but that he never was with her the day she “supposedly” accidently tumbled down the cliff.
However, our prosecutor laid all his cards out on the table except one. It wasn’t until the closing argument rebuttal. Defense, throughout the trial, kept asking, 'If it was murder where is all the blood from the head injuries?' The prosecutor told the jurors, “When Bonnie went over that cliff, Kenneth Dion ran down the cliff side and went into the water to finish the job. He wanted to make sure Bonnie could never testify against him.” I knew then, we would get 1st degree murder.
Sentencing is set for October 31st, 2011 (Halloween)
For more stories go to www.ktva.com www.adn.com Search for Bonnie Craig

Bonnie’s brothers and sister in a group hug after the verdict was read.

Photos by Bill Roth Anchorage Daily News

SPC President’s Message

Many of you participated in getting the PROTECT our Children Act of 2008 passed. With all of the fund cutting going on in Washington the ICAC has a great potential to be hit hard. This past week I made the rounds in Washington and was amazed to find that many of our legislators don't have a clue about what the ICAC do. We have asked Grier Weeks to provide a webinar for August to bring everyone up to date and become more knowledgeable. I would like to challenge each SPC member to call their legislators and help them become acquainted with the biggest save in our nation. Please plan on joining us August 25th 6PM Pacific 9PM EST. Thank you for your commitment to help our children. ED
PROTECT Webinar
To locate nuclear terrorists, investigators use Geiger counters, tools that detect the presence of radiation. Now, for the first time in history, the technology exists to locate another form of terrorist: child predators.
By detecting the presence of child abuse images (child pornography), investigators can now go "back through the Internet" straight to the door of predatory pedophiles, easily securing lengthy criminal sentences. Even more important, investigators can analyze the content and distribution of child pornography traffic to zero in on the locations of children desperately waiting for rescue.
Grier Weeks will discuss what child pornography is, how the technology works and how it could revolutionize the fight to protect children from sexual abuse and exploitation. He will also discuss challenges in getting Congress and the States to pass--and fund--meaningful legislation to stop child exploitation.
Mark your calendars August 25th, Thursday 9:00 pm EST 6:00 pm PST

Surviving Parents Coalition
1414 22 St NW Suite # 4 Washington, DC 20037

888-301-4343
SPCoalition@gmail.com
www.SPCoalition.org

FBI Take over the Jennifer Kesse Case

Jennifer Kesse vanished January 2006. The Orlando Police Department, after exhausting all leads handed the case over to the FBI.
Joyce and Drew Kesse, Jennifer’s parents and members of SPC, are thrilled.
"This is incredible for us that we'll have the opportunity to have the FBI to see what they can do with it," Drew Kesse said
An FBI representative said they want to look at the case with fresh eyes. They said they think Jennifer Kesse was kidnapped.
"There are strong indications of that," said FBI Public Affairs Officer Special Agent Dave Couvertier.
Drew Kesse said he suspects his daughter was kidnapped by an undocumented worker staying at the Mosaic at Millenia where she lived.
Surveillance video from Jennifer Kesse's condo complex is the most tantalizing and frustrating clue in the case. Read more: http://www.wesh.com/news/23792987/detail.html#ixzz1ToMEsIZD

Surveillance video from Jennifer Kesse's condo complex is the most tantalizing and frustrating clue in the case.
Someone believed to be a man is seen walking past a pool fence gate. In both shots, his face is hidden.
Moments earlier, a person believed to be about 5 feet 5 inches tall and dressed in all white was shown parking Jennifer Kesse's car and walking away. Read more: http://www.wesh.com/news/23792987/detail.html#ixzz1ToOu1qZf Full story: http://www.wesh.com/news/23792987/detail.html

Protect your kids, find a r.a.d.Kids class near you.

SPC Members working for justice to protect our children

Kelsey Smith born May 3, 1989
Murdered June 2, 2007

If you wish to be removed from our email list for the SPC Newsletter please send an email to SPCoalition@gmail.com Type “Remove Me” in the subject line. Thank you., Karen Foster

The Surviving Parents Coalition is a national group of parents who have had children abducted, sexually assaulted, some murdered, few recovered, many are still missing. We advocate for legislation and education to protect our children from predators.
Join us as a parent, or as a “Family and Friend” member. Together we can be a powerful voice to protect our children.