June 18, 2012
I'm Rubber, You're Glue
November 20, 2008
Geez, I was just joking.....
Indianapolis woman convicted in murder-for-hire case
Jury finds woman guilty but mentally ill; she claimed entrapment
By Jon Murray
jon.murray@indystar.com
A jury Wednesday convicted an Indianapolis woman of conspiracy to commit murder in a case brought after she paid an undercover police officer to kill her ex-husband.
D'Antonette Burns, 35, was locked in a custody dispute over the couple's son. During an episode that lasted six weeks, she paid $3,000 and provided a gun to the detective before her arrest in September 2007 at Southwestway Park.
The jury returned a verdict of guilty but mentally ill. Burns faces 20 to 50 years in prison at sentencing Dec. 18.
Jurors began deliberations about 4:30 p.m. and announced their verdict about 8 p.m.
Prosecutors and her defense attorney painted starkly contrasting pictures of her mental state during the three-day trial this week before Judge Sheila A. Carlisle in Marion Superior Court.
Burns was either a cold, calculating woman hell-bent on killing her ex-husband -- or a battered woman whose vulnerability made her the perfect prey for an aggressive sting.
Her attorney, Kimberly Devane, said the sting amounted to entrapment. It began when a friend of Burns' told her ex-husband, Robert H. Mays Jr., that Burns was seeking a hit man.
Burns also pressed an insanity defense, arguing that physical abuse by Mays toward Burns and their son, Robert III, now 4, clouded her judgment and propelled her into the trap.
In testimony, Burns said the friend who alerted Mays, Jaja Endsley, was the one to suggest hiring a hit man. Once the presumed hit man called, she said, she feared he would harm her if she backed out.
"I don't know how to explain it," Burns said. "I knew it wasn't right. But then, I felt like I didn't have a choice -- like it was (Mays) or me."
Deputy Prosecutors John Keiffner and David Wyser disputed the defense claims, saying there was no concrete evidence of abuse against the boy. A judge acquitted Mays of domestic battery in a case involving Burns, and he won primary custody of their son in the divorce that ended their marriage.
Two court-appointed psychiatrists told the jury that they believed Burns, who had a history of depression, was aware of the wrongfulness of her actions.
"She knew what she was doing," Keiffner said, "and she made a choice."
October 29, 2008
"As the parties may agree....."
This one little phrase is both a blessing and a curse when it comes to divorce decrees, particularly as it relates to child custody and support arrangements. First, I must say that negotiating a divorce settlement agreement is one of the most stressful, frustrating, and emotionally draining endeavors in life. There's a lot of quibbling just for the sake of quibbling, a lot of leveraging, many threats (both real and totally bogus) and it just wears you out. Even if you feel like you are competent and intelligent, I highly recommend having someone else do the heavy lifting for you (I'm an attorney and it was even a bit much for me, more so from an emotional standpoint than an intellectual one.... it's like writing your own eulogy. Not fun).
There is much debate over whether the State Parenting Guidelines are fair and reasonable, and whether it would just be better to work it out between the two parents and forget all the court involvement. Yea, that SOUNDS like a good idea, until you try and put it into practice. The phrase "as the parties may agree" only works when that last little word actually occurs.... AGREE. I'm sorry to tell you, loved ones, there's not much of this going on when you are newly divorced. I'm not even talking about things that are or are not in the best interests of the child(ren)..... even assuming that both parents do what's best for their kids, there's a whole lot of other room to make things difficult on the parents.
Example: The State Parenting Guidelines state that whichever parent is receiving the child to begin their parenting time is responsible for pick up, and such pick up is to occur at 6:00pm. So that means when The Ex is to have my daughter for the weekend, he is supposed to pick her up at 6pm on Friday, and I pick her up from him at 6pm on Sunday. Now throw "as the parties may agree" into the mix. Now it becomes "Can you drop Daughter off to me at 7:36 pm over in the Target parking lot? I can't come pick her up" or "I'm not sure what time I'm going to be there, probably around 6:45" and he shows up at 7:45 because I told him I have to be somewhere at 7:00 and he assumes that it's for a date (when that wasn't even the case at all.... not that it should have even mattered). So then I'm less inclined to stick to the 6pm guideline and make him work around whatever I've got going on..... you see what a mess this becomes? And I go through this every single weekend on both Friday AND Sunday (because my son stays with him and my daughter stays with me, we each get both kids every other weekend). And I don't even want to THINK about how we are going to divvy up the holidays, though I need to start having that convo with The Ex ASAP.......
Contrast this with my friend who gets his son every other weekend. He and his son's mother meet at the same place at the same time every other Friday and Sunday. He knows which holidays are his and which holidays are hers. I'm quite sure it has it's drawbacks, but the key appealing factor from my perspective is PREDICTABILITY. When you know what is to occur when, you can plan around it.... you're not constantly trying to hit a moving target suspended from the emotional whims of the other person. If he or she gets mad at you, the rules and guidelines don't change. They're all there in black and white, no debate over interpretation, follow the court order and go on with life.
In hindsight, I wish I would have been more specific in my divorce settlement agreement and left that troublesome little phrase out. I think I took off my contract attorney hat and pushed it a little too far away (plus I was just trying to get things over with). Contracts aren't for when things are going well, they are for when things go WRONG, and there is SO much that can go wrong when dealing with co-parenting arrangements and divorce. The less gray area you leave, the better. Even if you don't like the State Parenting Guidelines, it's best to go ahead and spell out your own just as specifically and detailed as the State Guidelines are..... pick up and drop off dates, holiday schedules, school break schedules, etc. Because just leaving it to "as the parties may agree" leaves you stuck with no recourse when you aren't able to agree.
Do it by the book, loved ones...... do it by the book.
**NOTE** After I wrote this, I went to go pick up Son from The Ex, 2 days early because he's on fall break (which he didn't tell me about until, um, yesterday afternoon.... luckily I hadn't taken an assignment that would have had me working through the weekend). The Ex told me he'd be ready at 9:00pm. Ex calls around 8 and asks me if I've made dinner because he hasn't fed Son yet (????) and was debating on whether to start dinner.... I tell him I already have dinner ready and waiting. I get out to The Ex's girlfriend's house (again, where he lives) at the appointed time (9pm) and send my daughter up to the door.... she comes back and says "[Son] is eating." DAMMIT IF YOU SAY YOU'RE GOING TO HAVE HIM READY AT 9, HAVE HIM READY AT 9!!! Needless to say, I was a little PO'd for having to sit out in front of this woman's house waiting for this child to finish dinner when I'd already discussed the issue an hour before. And I was hungry, which makes me cranky. But this is EXACTLY the mess I'm talking about......
June 29, 2008
Baby Daddy Drama
So here's a summary of the exchange that occurred this evening:
Me: (on the phone) What time are you coming to get the kids? (it is currently 5:35 pm, and he's scheduled to pick them up at 6 per the divorce decree)
The Ex: *sleepily* Errrm..... You want me to come pick them up??
Me: Yes, that's the arrangement..... I pick them up from you, you pick them up from me.
The Ex: Well......I guess I'll come get them now......
Me: I mean, I'm not saying you have to get them right this very moment, but I just was wanting to know what time you're planning on coming out here. (this is me, trying to be courteous)
The Ex: Ok, well I'll come get them in a few hours.
Me: How long is "a few hours"??
The Ex: Why do you need to know??
Me: I just need to know when you're coming.
The Ex: I said a few hours. *click*
So then the kids ask when dad is coming to get them and I say I don't know..... my son was wanting to know if I would have time to retwist all of his locs AND detangle a group that had grown together, to which I told him I didn't know because I didn't know when good ole dad was coming to get them. So my boy calls The Ex, and this is the general gist of the exchange (most of it via our son as the conduit, a serious no-no that I try to avoid):
Son: Dad says he wants to talk to you.
Me: No, I don't need to talk to him, I just need to know what time he's coming.
Son: Dad wants to know if you can just take us to camp in the morning. (WTF???)
Me: No. He's supposed to come pick you up this evening, so he needs to come get you this evening.
Son: Dad says that he's going to have us 2 weekends in a row (which is true, because we AGREED to trade weekends in a mutually beneficial manner) so he says why can't you just take us to camp in the morning? (what one has to do with the other I'm still not clear on)
Me: No, he's trying to punk me, he's coming to get you this evening.
Son: Just talk to him.... I don't want to play messenger. (I take the phone)
The Ex: Why can't you just take them to camp in the morning? (Gas is $4.198398402, that's why!!) Why are you so eager to get rid of them?? Why can't you just take care of them and do their hair??
(whole exchange re: our Son's locs.... he had told me several weeks ago that his new moo, I mean boo, had talked to my loctician and that he could fix the issue with his locs. He then tells me that he actually MADE him an appointment, and when I challenged him on it by asking whether he called to cancel said appointment--because my loctician blacklists no call/no shows-- he admitted that he was lying, or rather, bullshitting. He then says he's just not going to show up at all and hangs up.)
20 Minutes later......
The Ex (via text): I'm coming to get them at 8.
Me (via text): Ok thank you. That's all I was needing to know.
The Ex (via text): Why are you in such a hurry to get rid of them?? (*note: see the first verbal exchange to see why this question makes no effing sense)
Me (via text): See you at 8.
This is not the first time this argument has occurred.... in fact, it pretty much happens half the time that I'm attempting to get the kids back to him. Last time it was when I took my daughter an extra day so I could do her hair (and why he can't just take her to the shop or find some other bitch to do it, I have no clue) and he wouldn't let me bring her home when I was done. This is the same man who fought me tooth and nail to try and get full custody of the kids..... ran up a $6,000 legal bill (which he never paid), got the court to order a custody evaluation (which cost upwards of $10,000 typically; needless to say it never happened). Yet, when it comes time for him to resume his parenting time it's always a battle, with his principal argument being that I'm trying to "get rid of my kids". How about the fact that you're trying to avoid getting them back?? How about that one, buddy??
I really am just trying to live my life here with as little drama as possible. I try to give a little leeway on what's in the court order and try to be somewhat cooperative, and this is what I get. Sheesh......