Archive for November 24th, 2021

Obit watch: November 24, 2021.

Wednesday, November 24th, 2021

Ian Fishback. He was 42.

Major Fishback was one of three former members of the 82nd Airborne who said soldiers in their battalion had systematically abused prisoners by assaulting them, exposing them to extreme temperatures, stacking them in human pyramids and depriving them of sleep to compel them to reveal intelligence — or, in some cases, simply to amuse the soldiers. He said his complaints were ignored by his superiors for 17 months.

I wanted to note this because the circumstances seem particularly sad to me:

His family said in a statement that the cause had not been determined. He died in an adult foster care facility, the climax to a distinguished but abbreviated career that the family said had begun to unravel as a result of neurological damage or post-traumatic stress disorder resulting from combat tours in Iraq and Afghanistan. He was admitted to the facility following court-ordered treatment with anti-psychotic drugs after he had become delusional and created public disturbances, his family said.

I’m reminded of a story I read several years ago about a young Green Beret who had a distinguished service record. Until he started going downhill: showing up late, not showing up at all, other issues which ultimately led to him being dishonorably discharged from the Army. He kept going downhill, was eventually institutionalized, and finally died. After his death, it was determined that he had Creutzfeldt-Jakob disease (possibly picked up from eating sheep brains and eyeballs in the field with indigenous personnel). His family petitioned to have his discharge upgraded to honorable, and I believe they were eventually successful.

Peter Buck, co-founder of Subway.

Margo Guryan. I’d never heard of her, but this is another one of those stories with a hook. She was a talented musician and songwriter who, in 1968, released an album called “Take a Picture”. The album tanked, in large part because she wouldn’t tour…

Yet somehow decades later, with the digital age facilitating both word of mouth and the sharing of music, adventurous listeners discovered it — first in Japan, then in Europe, and finally in the United States, where in 2000 Franklin Castle Recordings rereleased it, followed the next year by “25 Demos,” a collection of other recordings of hers. Ms. Guryan, who by then was in her 60s and had settled into an anonymous career teaching music, had an unexpected burst of something resembling fame.
“It’s still amazing to me to have something resurface after 30 years,” she told The Los Angeles Times in 2002. “People say I’ve been rediscovered. It’s not true — I’ve been discovered.”

NYT obit for Malikah Shabazz.

Memo from the legal beat.

Wednesday, November 24th, 2021

I feel like I have to write about this story, since I don’t think it has received much attention, and it sits at the odd intersection of crime and publishing. I’m trying to step lightly here, because what happened to both of the people involved is horrible, and I hope they are able to find some measure of peace.

Anthony J. Broadwater was exonerated on Monday. He was convicted of rape and spent 16 years in prison, but his conviction was thrown out:

…a state judge, his defense lawyers and the Onondaga County district attorney agreed that the case against him had been woefully flawed.

What makes this story slightly more significant than many of these cases is: the victim was Alice Sebold, author of The Lovely Bones and Lucky, a non-fiction book about the attack.

Ms. Sebold used a fictitious name for Mr. Broadwater in her memoir, identifying him as Gregory Madison.

Ms. Sebold identified Mr. Broadwater as her attacker, but it seems like there were problems, even at the time:

After evidence was collected from a rape kit, she described her assailant’s features to the police, but the resulting composite sketch didn’t resemble him, she wrote.
Mr. Broadwater was arrested five months later, after Ms. Sebold passed him on the street and contacted the police, saying she may have seen her attacker.
But she identified a different man as her attacker in a police lineup. In her memoir, she writes that Mr. Broadwater and the man next to him looked alike and that moments after she made her choice, she felt she had picked the wrong man. She later identified Mr. Broadwater in court.

In their motion to vacate the conviction, the defense lawyers J. David Hammond and Melissa K. Swartz wrote that the case had relied solely on Ms. Sebold’s identification of Mr. Broadwater in the courtroom and a now-discredited method of microscopic hair analysis.
They also argued that prosecutorial misconduct was a factor during the police lineup — that the prosecutor had falsely told Ms. Sebold that Mr. Broadwater and the man next to him were friends who had purposely appeared in the lineup together to trick her — and that it had improperly influenced Ms. Sebold’s later testimony.

Kind of interestingly, this whole thing was triggered by a planned film version of the book:

Timothy Mucciante was working as executive producer of the adaptation of “Lucky,” but began to question the story that the movie was based on earlier this year, after he noticed discrepancies between the memoir and the script.
“I started having some doubts, not about the story that Alice told about her assault, which was tragic, but the second part of her book about the trial, which didn’t hang together,” Mr. Mucciante said in an interview.
Mr. Mucciante said that he ended up leaving the production in June because of his skepticism about the case and how it was being portrayed.

He hired a PI, they gathered evidence, they approached a lawyer (and, coincidentally, Mr. Broadwater hired the same lawyer), one thing led to another which led to the motion to vacate the conviction, and Mr. Broadwater is no longer a sex offender.

Ms. Sebold had no comment on the decision, a spokesman for Scribner, which published “Lucky,” said. The spokesman said that the publisher had no plans to update the text.