Everybody
loves to play in the dirt. Nobody wants to admit it, but
there is an unsavory attraction to the real truth, the
messy stuff people like to cover up, but dole out oodles
of bucks to read in the National Enquirer. Here’s
some “mud in your eye,” -- Laurie Kellogg could
have pled out. A battered woman’s defense was there
for the taking and she had every right to it, no one would
have thought any less of her for leveraging the system
to her advantage. With a documented history of broken bones,
broken dreams and a broken spirit, Kellogg could have pled
guilty, signed on for a few years in the slammer and been
out on parole before her wounds became scars.
But
as raw as her heart was, as raw as her wounds were she
could not bring herself to do it. There was one small detail
that tripped her up –- her innocence. She didn’t
do it and would not say she did to cop a plea. Pretty grimy
huh, the gal traded her freedom for her integrity.
Kellogg
was young and naïve and her idealism drove what came
to be an erroneous faith in the system that was eventually
put an innocent woman in a cage. Still, in many ways Laurie,
though she continues to live her life behind bars, is so
much freer than those who put her there. Her integrity
meant enough for her to risk her liberty to keep it intact,
and runs counter to numerous allegations levied against
those responsible for her incarceration.
From
a legal standpoint apparently Kellogg’s conviction
was an enigma right out of the jury box. In a July 4, 1992
post-mortem on the verdict the Rochester Democrat and
Chronicle interviewed a trio of that city’s
most prominent defense attorneys who were all mystified
by the jury’s reasoning. The story titled, “Kellogg
Jury’s Reasoning Baffles Area Lawyers,” opened
by categorically asserting, “Three of Rochester’s
top defense lawyers reacted to the Laurie Kellogg verdict
with astonishment. 'The Rodney King verdict was astounding.
Now, you’ve got this one, almost equally confusing,'
said John F. Speranza, baffled by the jury’s logic.”1
It
goes on to explain the legal ramifications and potential
post-conviction options associated with Kellogg’s
conviction which was evidently based upon very unconventional
findings in lieu of the nature of the crime. The article
goes on to quote another lawyer, John Parrinello, as saying, “…the
verdict’s inconsistency could be the result of jurors
clearing their consciences. Felony murder” opened
the door to compromise, he said. By dropping the “intentional” murder
charge to first-degree manslaughter after apparent doubts
about her intent to kill, they convicted her on a second
murder charge seemingly “to satisfy their conscience
for not letting a person walk,” Parrinello said.”2
While
the jury’s motives have raised their share of questions
among journalists, legal professionals and laymen alike,
there is one aspect of the case that casts considerable
doubt upon Kellogg’s guilt and that is the indictment
itself. Laurie was found guilty of taking part in a burglary
which resulted in her husband’s death. However, the
shooter, Denver McDowell, admitted he went into the cottage
(where the murder occurred), to kill Bruce Kellogg, not to
steal anything.
Additionally,
the Democrat and Chronicle quoted defense attorney
John F. Speranza saying, “… it was inconsistent
that Kellogg would be acquitted of intentional murder and
conspiracy, but found guilty of participating in a burglary
that resulted in her husband’s death. The burglary
charge also seems flawed,” he said. “He went
in to kill the guy, not to steal.”
That
is part of what the press had to say; what they failed
to mention in any significant way was a number of key pieces
of Laurie’s puzzle that, while irregular, may well
merit investigation. Many of these leads are ambiguous
yet hold enough water to drink from and see how they taste.
For
example, while the means to ascertain it remain elusive,
one source has quietly suggested that the prosecuting attorney
may have left several witnesses alone in a room to corroborate
their stories prior to testifying. It is a stinging assertion
that was allegedly discovered through second-hand discussions
with someone who claimed to have spoken with one of the
witnesses. However, if the better part of a woman’s
life is hanging in the balance, doesn’t it bear at
least a cursory investigation?
In
addition, politics, including election year dynamics are
alleged to have played hard into the mix. The building
where the trial was held is reported to have been graced
with a plaque honoring the victim’s family who were
said to be pillars of that community and very politically
connected. Could politics have cost Laurie Kellogg 25-to-life
and isn’t it worth the money and effort to find
out?
There
have also been unconfirmed whisperings of perjury, judicial
misconduct and police corruption, all unsubstantiated but
all remaining uninvestigated. Some of these concerns have
been expressed by an attorney who has reviewed the case
documents, but the lawyer is not the only one. And while
we have not been able to corroborate it, one of the investigators
assigned to Laurie’s case is said to have been arrested
subsequent to the Kellogg investigation for admitting to
evidence tampering in other cases. Could be a real stand
up guy, shouldn’t we find out?
There
are other unconfirmed allegations that have been swirling
around the case for years as well as some which seem too
unrealistic to be true yet come from potentially credible
sources. One such assertion involves the ending of “Lies
of the Heart,” the movie made about Laurie. A former
private investigator told us that he had heard the film’s
producer was quietly pressured by the prosecution to alter
the original ending to implicate Laurie more substantially.
Such an ending would better support her conviction in the
mind of the public and make the drama more marketable.
While
the substance of these and other allegations potentially
supporting Kellogg’s innocence remain untested, the
clock continues wear away her life behind bars. Laurie
Kellogg believed in a system that did not believe in her.
She was imprisoned by a vicious, violent and abusive man
and trapped in a web of domestic violence that legitimately
threatened both hers and her children’s lives.
Laurie
has spent the choicest years of her life paying for a crime
she did not commit, because she chose to tell the truth
rather than lie and cop a plea. She has been abused by
her late husband, abused by the justice system, abused
by Hollywood and abused by the press. Her life may be covered
with dirt others have soiled it with, but her heart remains
pure and her resolve steadfast.
____________________
1 Rochester Democrat and Chronicle,
July 4, 1992
2 Ibid
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