Child, 5, who called 911 Is now an orphan
Chocolic
Posted March 31, 2005
NEW SMYRNA BEACH -- The precocious 5-year-old who calmly called 911
after an accused stalker shot her parents three days ago in the
family's home is now an orphan.
Late Tuesday night, Aeneas Hernlen, 29, died at a Daytona Beach
hospital. His wife of nearly a decade, Julie Morgan-Hernlen, had died
Monday after an acquaintance -- David E. Johnson -- shot the two of
them in the bedroom of their house with a 9mm pistol in the early
hours of the morning before returning home to kill himself, police
said.
Friends said the couple's daughter, Tia Skye Hernlen, was the center
of the surf-loving couple's world. When the couple went to the movies,
they always picked a show Tia could watch so they could bring her
along. Now Tia is staying with family members, many of whom are
outraged that police and the court system did not do more to protect
the young family. Morgan-Hernlen had sought help from authorities and
even predicted Johnson might kill the couple. He thought they had told
authorities about his marijuana-growing operation, officials said.
People close to Morgan-Hernlen described the 31-year-old woman, a tall
blonde who loved water sports, as a mom who sacrificed to give Tia the
world while keeping the little girl sheltered.
"She was very generous, very outgoing, she'd do anything for you,"
said younger brother Ryan Morgan, 28, of St. Augustine. "Sometimes if
you're a boy, you don't want your older sister to stand up for you.
But she was always there for me."
Morgan-Hernlen was poised to graduate with honors in May from Daytona
Beach Community College as a paralegal. She studied often, bringing
Tia to the library on a regular basis. She had earlier attended Winter
Park High School and Flagler College, where she studied psychology and
deaf education. DBCC professors described her as a vibrant student who
was always willing to help classmates.
Close friend Michelle Reddick said Morgan-Hernlen wanted to become a
paralegal to give people the help they deserved when coming into a law
office.
"She had very serious thoughts on a lot of different stuff and she
wanted to bring that into the law office," Reddick said.
Aeneas Hernlen worked in construction and also was an installer for a
sign company, family members said. The pair -- both fun-loving, avid
surfers who decorated their yard with half a longboard and a
smattering of white seashells -- met when she worked at a Daytona
Beach concession stand near one of his surfing spots. Both were
children of police officers.
Seeking new experiences, they moved to the Virgin Islands where
Hernlen had family. They were married there and moved back to Florida
several years ago. They worked hard to get their little bright yellow
house with lime green trim and a pink door, purchased in 2002 -- and
they didn't think they should have to pack up and leave because of a
stalker.
"New Smyrna has always been her favorite place," Ryan Morgan said of
his sister.
According to court records, Morgan-Hernlen kept meticulous records
since December of every time Johnson drove by the house, called or
made a threat. She jotted down dates, times and descriptions and then
filed for a restraining order, which a judge denied.
After the order was denied, Morgan-Hernlen called her friend Reddick
crying.
"Friday afternoon, she knew this was going to happen," Reddick said.
"She told me . . . 'If I'm not here next week, this is the reason why
and this is who killed me.' The thing that hurts me is that the police
did nothing, basically."
Morgan-Hernlen did exactly what Volusia County sheriff's investigators
and experts around the country recommend. But all of her efforts
failed to protect her family from a man who officials say was bent on
revenge.
In an e-mail message sent to the Orlando Sentinel, Moran-Hernlen's
father and several other relatives said Volusia County authorities
didn't do all they should have to protect the woman.
"One of her last conversations with police was 'What has to happen, he
has to kill me before you do anything,' " the family wrote.
Sheriff Ben Johnson said the case was tragic, but he defended his
investigators' actions, saying they warned David Johnson (no relation
to the sheriff) to keep his distance from Morgan-Hernlen and her
family.
"It's a bad situation and something we sure don't like to see happen,"
the sheriff said. "But when you take someone, just this side of
possessed, that's someone that's awfully hard to stop."
David Johnson was charged with a misdemeanor count of stalking earlier
this year, but he was never arrested.
The sheriff said Johnson had newspaper accounts of his November arrest
on drug charges tacked to his refrigerator next to documents detailing
his upcoming trial. According to court records, Johnson blamed
Morgan-Hernlen and her husband for his arrest.
"It's almost like it was obsessing him," the sheriff said. "What can
you do? It's a tough situation
------------------------------------------
The judge needs to be made accountable for denying the order. It
sounds like it is way more than just an error or judgment on the
judge's part.
I really get tired of hearing about judges screwing up by not signing
protection orders, releasing someone on bond or probation that had
huge red flags (Dru Sjoden case comes to mind). The police can only
do what the law or the judge allows them to do.
Chocolic
Bo Raxo
"Chocolic" <cr.hattervig@nospam@att.net> wrote in message
news:_Y33e.29779$cg1....@bgtnsc04-news.ops.worldnet.att.net...
>
> ------------------------------------------
> The judge needs to be made accountable for denying the order. It
> sounds like it is way more than just an error or judgment on the
> judge's part.
> I really get tired of hearing about judges screwing up by not signing
> protection orders, releasing someone on bond or probation that had
> huge red flags (Dru Sjoden case comes to mind). The police can only
> do what the law or the judge allows them to do.
>
The trouble is, the only way you do that is to sign pretty much EVERY
request. Even when, say, it's someone who has asked for ten of 'em before
against various people over the years, and the person it's against has no
record of any kind whatsoever.
Keep in mind that this is something which will show up on a background check
for the rest of someone's life. The only way to make sure these mistakes
never happen is to grant them all. And you'll do some harm doing that.
There are always going to be some mistakes like this as soon as you say no
to *any* of the requests. Hopefully the ratio of these as a portion of all
the denied filings is very, very low.
Bo Raxo
Chocolic
"Bo Raxo" <invasio...@thepentagon.removethis.com> wrote in message
news:E843e.103$N13...@newsread3.news.pas.earthlink.net...
I'm talking about the ones that have huge warning signs, and the judge
doesn't take the time to read the case. Sometimes the judge will
sign a protection order (or not) because he is good friends with the
attorney asking for it, even though the protection order should
probably be against the other half . Or sometimes the judge didn't
take the time to read the case thoroughly and had a golf date. I've
seen where a judge released someone on bond, even though that person
was wanted on big time felony charges from other states, because he
didn't read the file. Yea, it does happen and in my work I see it
often and it is well known and often joked about. I've seen judges
sleep thru long trials. Those often get appealed, at the taxpayer's
expense, and retrialed. I've also known of judges that have used
their prejudices, biases, favoritisms to make wrong decisions
involving a possibly dangerous person because they were hung over, or
because they didn't like the LEO that investigated the case, or the
defense attorney.
Chocolic
Bo Raxo
Then I didn't understand your prior post, withdraw my criticism, and ask
what kind of sanctions for a judge that screws up you would recommend. And
of course what kind of due process.
Bo Raxo
tiny dancer
"Bo Raxo" <invasio...@thepentagon.removethis.com> wrote in message
news:E843e.103$N13...@newsread3.news.pas.earthlink.net...
>
> news:_Y33e.29779$cg1....@bgtnsc04-news.ops.worldnet.att.net...
> >
> > ------------------------------------------
> > The judge needs to be made accountable for denying the order. It
> > sounds like it is way more than just an error or judgment on the
> > judge's part.
> > I really get tired of hearing about judges screwing up by not signing
> > protection orders, releasing someone on bond or probation that had
> > huge red flags (Dru Sjoden case comes to mind). The police can only
> > do what the law or the judge allows them to do.
> >
>
> The trouble is, the only way you do that is to sign pretty much EVERY
> request. Even when, say, it's someone who has asked for ten of 'em before
> against various people over the years, and the person it's against has no
> record of any kind whatsoever.
David Johnson was charged with a misdemeanor count of stalking earlier
this year, but he was never arrested.
That should have sent up a red flag to the judge IMO. This poor couple was
gunned down in their beds and their child is now an orphan.
td
Bo Raxo
"tiny dancer" <tinyd...@nowhere.com> wrote in message
news:DQ43e.13948$vL3....@bignews4.bellsouth.net...
Once again you think my argument applies to the original story, when instead
I was replying to a specific post in the thread. You make this mistake a
lot.
Bo
tiny dancer
You posted a response to a story about *an* order of protection. You didn't
state you weren't referring to this particular order of protection. I'd
hardly call that my mistake.
>
>
>
>
Chocolic
I don't know what the sanction should be. I really don't. Maybe they
should be given the same punishment as a LEO that screws up. It would
depend on the reason (racism, bias, favoritism, personal reasons,
laziness...), the severity and end result (domestic abuse, death,
rape, child molestation, multiple DUI's resulting in death or
maiming....) and how often it happens.
Chocolic
Bo Raxo
No, I posted a response to Choc's post, and THAT post was in response to a
story about an order of protection.
Choc's post said we have to come down on the judges who screw up by issuing
these.
I said the result would be that you would pretty much have to approve every
request if you were going to insure you didn't miss any valid ones.
And then Choc pointed out that this wasn't really what she was talking
about, but that's not relevant to why you can't read.
The particulars of why David Johnson should have sent up red flags doesn't
matter to this argument. Yes, it matters to the original story. But I'm
discussing the more general subject raised by the original story.
Is that simple enough, or do I need to draw a damn diagram?
Bo Raxo
tiny dancer
Quit being so damn nasty. I cut you slack when you don't feel good bo. I
don't feel like arguing about it, figuring out how to find third gear is
about all I can handle right now.
td
>
>
>
>
>
>
Bo Raxo
>
>
>
> Quit being so damn nasty. I cut you slack when you don't feel good bo.
I
> don't feel like arguing about it, figuring out how to find third gear is
> about all I can handle right now.
>
Let me get this straight: you aren't thinking clearly, you respond to one
of my posts clearly without understanding it. I point out your error, you
respond to me again telling me I'm wrong. And I'm supposed to reward your
obstinance with restraint.
Uh, maybe if you can't logically think things through at the moment, it's a
bad time to tell me why I'm wrong about something. You know, your
limitation, your responsibility.
I'm brutal on that personal responsibility thing. Gets me kicked out of
liberal club outings all the time.
Bo Raxo
tiny dancer
Fine
>
>
>
>
Andrys Basten
Chocolic <chatter447@nospam@hotmail.com> wrote:
>------------------------------------------
>The judge needs to be made accountable for denying the order. It
>sounds like it is way more than just an error or judgment on the
>judge's part.
>I really get tired of hearing about judges screwing up by not signing
>protection orders
More judges than you imagine will make the "wrong" decision
in a case like this and usually when they're following the
letter of the law.
I think when I first read this, the reason was she or they didn't
list violent acts against them. And we've heard that time and
time again. Someone has to try to DO something first.
This also happened with Judge Greer and it's often cited.
A woman came to his court to seek protection because her husband
had, she said, raped her and burned her clothing, and she felt
he was dangerous to her. Apparently she, too, didn't make a list
of violent acts by her husband, otherwise (or put it down in
writing) and 2 weeks later he stabbed her to death.
Judge Greer regrets this very much, he says, but he followed
the letter of the law.
Karen E.
> ------------------------------------------
> The judge needs to be made accountable for denying the order. It
> sounds like it is way more than just an error or judgment on the
> judge's part.
> I really get tired of hearing about judges screwing up by not signing
> protection orders, releasing someone on bond or probation that had
> huge red flags (Dru Sjoden case comes to mind). The police can only
> do what the law or the judge allows them to do.
I don't think an order would have helped in this case. Someone who's
determined enough to commit a murder like this is not going to be put
off by a court order.
Karen E.
Phoenix
Yep. Sad but true. The cops can't be everywhere, people need to sleep.
I wonder if there's been any studies about the effectiveness of
restraining orders. The only reason it might be good to get one is if
one is planning on blowing someone away it gives a prior notice that one
had reason.
I also wonder if cops pick up someone on a restraining order violation
if they don't do a little justice of their own to get the point across
now and then. After seeing so many cases of spousal/partner killing and
battery, there might be a temptation to personally insure the orders.
bel
>
>
> Karen E.
>
>
G W Shrub
"Andrys Basten" <and...@panix.com> wrote in message
news:d2ir5p$rgk$1...@reader1.panix.com...
> This also happened with Judge Greer and it's often cited.
> A woman came to his court to seek protection because her husband
> had, she said, raped her and burned her clothing, and she felt
> he was dangerous to her. Apparently she, too, didn't make a list
> of violent acts by her husband, otherwise (or put it down in
> writing) and 2 weeks later he stabbed her to death.
>
> Judge Greer regrets this very much, he says, but he followed
> the letter of the law.
IMO the only protection order worth a damn is a pump action shotgun in the
hands of someone capable of using it (though I'm told pumping it often
suffices).
--
GW
Bo Raxo
"Karen E." <fishn...@kcnet.com> wrote in message
news:424D4A21...@kcnet.com...
What would have helped in this case is the most powerful tool in the world
for protecting yourself from a stalker. When the woman who was eventually
slain told her friends that she thought they might end up dead that weekend,
it's the very thing that someone should have recommended. It's 100%
effective, it costs less than a hundred dollars. It's legal, perfectly safe
for children when used properly, there's no waiting period and no background
check.
What is this miracle of protection, this amazingly effective prophylactic
against attack by a lunatic stalker?
A hotel room.
Hey, I see a whole new ad campaign for Priceline....well, maybe not.
Bo Raxo
Anita
ITA, even though i'm not against legal gun ownership, I would have not felt
safe with a child knowing the danger. I would definitely have found a safer
place.
Nita<who doesn't own any guns b\c I'm more worried about my kids getting
killed by them than a burglar.
Chocolic
"Anita" <aadd...@blahblah.cox.net> wrote in message
news:lSE3e.282212$FM3.62262@fed1read02...
This burglar could have easily shot the child to eliminate the
witness, and in cases like this they often do. Or taken the child
and done whatever <shivers>. There are ways to responsibly own a gun
when there are children in the home. Sad thing is, some gun owners
aren't responsible.
Chocolic
Bo Raxo
>
>
> This burglar could have easily shot the child to eliminate the
> witness, and in cases like this they often do. Or taken the child
> and done whatever <shivers>. There are ways to responsibly own a gun
> when there are children in the home. Sad thing is, some gun owners
> aren't responsible.
>
And even sadder, we don't hold people responsible when a child finds their
gun.
"Oh, he/she has suffered such a loss! What purpose would it serve to put
them in prison?"
To serve as an example, and a cautionary tale: Lots of people will leave a
gun lying around and risk Junior getting his brain blown out of the back of
his head. But if they're risking their own freedom, many will somehow
manage to remember to lock it up.
Bo Raxo