Prison: “Everyone thinks of escaping; they just won’t admit it”

Sarah Pender, right. 

The two convicted murderers who escaped from a New York state prison last week are running around freaking everyone out. Stories of fearful residents in areas all over the state are blowing up.

Chances are pretty good they’ll be caught in short order.

Why? They’re male, to start with.

Every so often we hear of an escaped convict who made the break only to be found years later, living a peaceful life as an upstanding member of a community, usually far away from the prison.

Most of the time – not all of course – they’re female.  People don’t seem to fall apart when it’s a female escapee.  In a CNN splash on the escape, the news group pronounces a dozen top manhunts. All are male.

This list of five crazy-ass escapes from 2013 is pretty funny; all are male escapees.

Think of Sarah Pender, the convicted murderer who broke out of an Indiana prison in 2008. She stayed gone for 136 days, befuddling everyone. In the book Girl, Wanted: The Chase for Sarah Pender, I outline how she eluded the cops and how she spent her four months of freedom.

She did in best by blending in. She found a guy who would help her out but the couple cavorted in casinos, ate in restaurants, and she worked a job as a bookkeeper for a Chicago construction firm.

This, despite the fact that she was on American’s Most Wanted several times.

“Everyone thinks of escaping; they just won’t admit it.”

Pender told that to a TV crew in 2009, not long after she was captured after spending 136 days on the run.

Of course. Who doesn’t want to escape from prison?

It’s a little easier than anyone wants to admit. Pender was trading sex to a guard, Scott Spitler, who provided her with some civilian clothes, a cell phone with which to coordinate her break and, as a parting gift, drove her through the gates in the back of a prison van.

Spitler got eight years in 2009 for assisting. He served in county jail, an easier place to deal with.  The authorities claimed it was for his protection.

From the book, Girl Wanted:

Sarah Pender had outwitted an entire prison system that is designed to avoid exactly such flights and had done so with a plan so simple, yet flawless, that it took two hours for prison staffers to determine that she was gone. The usual head count at 4 p.m. showed one prisoner short. As according to policy, a second count was done and again showed one inmate short.

At that point, all inmates were ordered back to their dorms for a one-by-one count. It was a top bunk along the south side that was empty in one dormitory: Sarah Pender was gone.

And the caper also had serendipity all over it. Sarah walked past an unmanned security checkpoint. New security cameras were slated to be installed the week after her brazen walkout, cameras that might have caught her in the act. The gate allowing her to meet Spitler was open. The guard at the gate leaving the prison failed to conduct a search of the van in which she was hiding, allowing her to leave the facility grounds. It was a festival of incompetence and corruption, and Sarah was both the leader and beneficiary of the fiasco.

New Discovery Show on Sarah Pender Case - New Trial?

I receive comments from people on any item I write on Sarah Pender, mostly from her supporters, who are predictably my detractors.  It’s good to read these comments, although most are poorly reasoned and filled with typos and nasty personal attacks rather than thoughtful insights that would at least reflect credibly on Sarah’s behalf. One I recently received was simple and stupid: “sarah is innocent.”

Well no, even Sarah admits she was involved in a crime and deservedly served time.

“But the truth dosn't sell now dose it,” someone else posed to me. Spellcheck, please. Another post blared “FREE STACY PENDER!” You get the idea.

But something is going to happen that may change the right minds for the right reason: A couple weeks ago, I was in Indianapolis taping a show with NBC/Discovery, along with former Marion County Deputy Prosecutor Larry Sells, about a problem in the trial of Pender. You can see it on page 115 of Girl, Wanted: The Chase for Sarah Pender, regarding the testimony of Floyd Pennington, a key witness in Pender’s trial:

“…there was a problem with his testimony and, in the rearview mirror, its impact on the jury. A letter discovered after the trial in the police file found that Pennington had offered to turn evidence on a list of people, from drug dealers to chop-shop owners. He named names on a yellow legal pad in his own writing. But the list was never presented by the defense during Sarah’s trial.

It would have been easy to pass that note by. I found it in the police file one afternoon. I was leafing through the file in the office of Indianapolis Police Captain Mark Rice. I even recall the day, a sunny summer afternoon. Larry was with me there at a desk, sitting to my right, when I found the letter. I turned to him with it, realizing that such a snitch list would have jeopardized his case. He had a poker face – Larry is a poker ace, by the way – when he read it the first time, but he clearly knew its implication.  From the book:

“I never saw that list, and it would seem that the defense never saw it either, since it wasn’t in evidence or used to combat Floyd’s statements for us,” says Larry Sells, who prosecuted the case for the state.

What if I had tucked it back into the file never to be seen again? That would have helped my story, that Sarah Pender was a dangerous criminal who had been rightfully convicted. Of course I didn’t do that. 

One misguided NBC staffer, using some convoluted logic, tried to explain to me that had Pender not escaped, I wouldn't have written a book, and Pender would have had to serve her sentence with no chance for a new trial. 

That ridiculous notion is easily refuted: If Sarah hadn't been living in a drug house with criminal meth heads, she never would have been involved in a crime of this magnitude. She wouldn't have had to escape from prison.  

Our justice system generally works. But without a free press and open records, not to mention people who are part of that press who understand legal possibilities, possible wrongs can't be righted.

So here we are, with what may be a substantial news show, Deadline: Crime with Tamron Hall, debuts this fall.  Judging by the questions and my conversations with the crew it is slanted toward Pender, whom they interviewed at a ridiculous cost of $5,000, which the beleaguered Indiana Department of Correction charges. Still, is it possible to right a wrong here? Pender could get a new trial, which anyone interested in justice should support. I maintain she is a dangerous person. But there are many dangerous people who are running around free, and to lock them up simply because someone perceives them as a threat would make for a crazy society. And if she gets a new trial and a jury finds she is guilty of a lesser offense, or no offense at all, then her sentence should reflect that.