Vanessa Place is the scariest poet on the planet. I know this must be true because I’m quoted to that effect on the back of the two paperbacks that I’ve just bought in order to complete my reading of the above trilogy. In addition one K Goldsmith is quoted with: “arguably the most challenging, complex and controversial literature being written today”; Rae Armantrout with Vanessa Place “is writing terminal poetry” and Stephanie Hochet calls Place “etrange et forte” and “n’est pas un femme banale”.
I’ve written in the past about Place and how essential she is for the future of poetry, I’ve also been critical of some of her material that Isn’t Very Good and entered into a debate as to whether or not she has killed poetry (she hasn’t). My admiration started with reading “Statement of Facts” which immediately impressed me as strategically the most important event in poetry for many years. I probably need to explain – I’m of the view that the Poetry Problem stems from the fact that it continues to run on some notion of the poetic that was already clapped out by the end of the 16th century. This has led to the belief that radical breaks/fissures are needed to challenge and undermine this state of affairs- the Tragodia trilogy is the least compromised and most coherent of the current batch of breaks.
The first part of the trilogy is “Statement of Facts” which uses court documents to narrate some of the assaults carried out by Mark Wayne Rathbun aka the ‘Belmont Shore Rapist”. This is followed by an account of Rathbun’s arrest together with what appears to be a detailed precis of the dna evidence presented at trial and the defence experts’ rebuttal of this.
The other two parts both have this preface:
All quotations and accounts in this book were taken directly from the trial transcripts of cases that Vanessa Place handled on appeal. All these transcripts and the appellate briefs filed in each case, are matters of public record. However, the names of the people herein, as well as other direct modes of identification, have been changed to protect their privacy.
Place has said that she has plagiarised herself in making Tragodia. We’ll come to that later – the second part is “Statement of the Case” which has 33 statements setting out the grounds of appeal against a range of convictions. The third is “Argument” which is 33 densely worded attempts to demonstrate why specific convictions should be reversed.
The eighteenth statement and the fifth argument relate to the Belmont Shore case and conviction and I’m going to use those to show why this material is so very important. Before doing this I need to admit to a couple of biases, I’m a fan of documentary poetry and especially that which has some kind of archival base. My own creative endeavours in the recent past have looked at Bloody Sunday and the Shipman Inquiry as sources of material for thinking bout evidence and the need to bear witness, to give voice to experience.
What follows doesn’t make easy or comfortable reading, the details are factually presented but graphic accounts of rape that most will find difficult to read. This is a brief extract:
On April 2, 2000, Francine J. was living alone on Marakita, in Long Beach; by 6:00 or 7:00 p.m., she had showered and gone to sleep, wearing an old short nightgown. As was her habit, Francine J. had locked all doors: she also had sticks behind the doors and windows except for the bathroom window, which she kept partially open for ventilation. Francine J. woke to find a hall light on which she never used, and then someone “pounced” on her. A gloved hand was put over her face, a finger into her mouth; Francine J. bit down hard. The glove felt rough, like a work glove. A man rolled up Francine J.’s nightgown and used it to cover her eyes and ears, tying it in the back, and putting her hands behind her. He told Francine J., “Do as I say and I won’t hurt you.” Francine J. said she would, and asked him please not to hurt her. The man asked Francine J. what her name was, and if she was alone; Francine J. told him her name, and said she had a friend who occasionally came in after midnight to sleep at the house. Francine J. lied about the friend. (RT D-35-D-39, D-49)
The man asked how long it had been since Francine J.’d been sexually active, she said it had been many years. The man put his penis in Francine J.’s vagina, removed his penis, and told Francine J. to put his penis in her mouth. As she did, she noticed the man had a “metal ring” around his penis. At some point, the man took his penis from Francine J.’s mouth and put it back into her vagina; periodically, he had her change positions from her back to her side, removing his penis to do so. Francine J. didn’t remember how many times this happened, though it was more than twice. The man told Francine J. to lie face down; Francine J. became worried he would anally penetrate her, and asked him not to, because she had hemorrhoids. He did not. The man had Francine J. orally copulate him again. Francine J. could not recall if she orally copulated him two or three times. During the encounter, the man left and went to the bathroom more than once. After the second oral copulation, he went to the bathroom, returned, and put his penis in Francine J.’s vagina again. At some point, Francine J. asked the man for a drink of water; he gave her the bottle she kept on her bed stand. Francine J. could not remember if the man touched her breasts. Francine J. was in a lot of pain as the attack happened shortly before she had hip replacement surgery; she told the man about her discomfort, and he put a pillow on the night stand to support her leg. (RT D-39-D-42, D-46-D-49)
After a while, Francine J. told the man she was in a great deal of pain; he asked her for five more minutes, and after five minutes, left, telling her not to move for twenty minutes. She didn’t hear him, and he repeated the instruction. About ten minutes later, Francine J. went into her dining room, found the sliding glass door open, then called the emergency number. (RT D-44-D-45) The police arrived, and took Francine J. to be examined by a forensic nurse specialist. Francine J. had bruises on her body, and one breast was reddened, in addition to “pinpoint” bruises and multiple tears around her labia and outside her genitalia. Swabs were taken from Francine J.’s right shoulder, left breast, right breast and mouth, transported to the police station and then to the crime laboratory; a reference swab was taken at a subsequent date and transported to the crime lab. (RT D-45, 1355-1358, 1411-1412, 1437-1439, 1441, 1444-1445)
During the assault, Francine J.’s nightgown periodically “slipped a little” so she would catch “glimpses” of her assailant’s face. The man’s hair was either dark blonde or light brown, “loose curls” on top and short on the sides, a “neat haircut.” She thought his eyes slanted a little on the outside, and noted he had “quite a bit” of body hair, but not dark or black body hair. Francine J. told police he had a medium build, “not a real big heavy guy”; she testified he seemed “not real tall,” with more of a slender build. The room was lit by a light from outside Francine J.’s bedroom window, the small nightlight in the base of her night stand lamp, at one point, the light from the television after the man asked Francine J. to turn it on. Francine J. said her attacker did not look dark, and described him to police as white. (RT D-43-D-44, D-49-D-53, 1440).
On May 1, 2000, Francine J. called Detective Kriskovic and told her she’d received a telephone call from a man; after the caller hung up, Francine J. recognized his voice as her attacker’s. Francine J. testified she wasn’t “100 percent sure” it was the same man, but it was a voice that was similar. (RT D-57-D-58)
“Statement of Facts” contains many of these accounts and the cumulative effect of reading these is disturbing at quite a deep level. These are then followed by a detailed record of Rathbun’s interrogation:
The interrogation resumed the next morning at 9:45 a.m.; appellant was asked if he remembered his rights, appellant said he did, and agreed to continue. Kriskovic told appellant he would be charged with all the DNA cases and, if convicted, would face a long prison term, possibly life. Appellant said he wished none of it had happened, and that he knew what he was doing was wrong when he was doing it; Kriskovic asked him what he meant by that, appellant said wasn’t it obvious he was making all of the bad decisions and wrong choices. Kriskovic asked if raping women was wrong; appellant said he knew it was wrong. Kriskovic asked if doing these things was contrary to the way his mother had raised him; appellant said yes. Kriskovic asked how appellant prepared himself when he entered his victims’ homes; appellant said sometimes he would enter the home, then undress, and would usually ask the victims to give him ten minutes to dress inside the house and leave. Appellant said he never stole anything from his victims. (RT 1241-1243, 1282, 1289) Kriskovic asked appellant about the attack on Rosalie M.: appellant said a friend named Donnovan Seeks or Sikes dropped him off near the Hilton in Huntington Beach, where he planned to meet other friends. Instead, appellant walked into the nearby trailer park, and broke into Rosalie M.’s trailer through her window; Rosalie M.’s trailer was located near the rear of the park. (RT 1244-1245)
According to Kriskovic, when questioned about the Gloria C. attack, appellant said it was possible he’d taken some of the louvered panes from her kitchen window, but if he did, it was not because offingerprints. When asked about the attack on Francine J., appellant said he had never worn a “cock ring.” When asked if he orally copulated his victims, appellant said he hadn’t; when asked if he’d forced his victims to orally copulate him, appellant said he hadn’t; later, appellant said maybe he had. He then indicated he had worn a cock ring once, and that the ring had been given him by an acquaintance. When asked if he’d ever identified himself to his victims, appellant said he didn’t remember, asked what names the victims recalled, then denied identifying himself as Max or Tito to any of the victims. (RT 1244-1246, 1309-1310).
This is followed by the dna evidence presented by different experts. Each of the experts also has a paragraph outlining his or her credentials in this field. This is from one expert’s work:
According to Fedor’s analysis, appellant’s standard genetic profile at the thirteen tested loci included, at the D3S1358 marker, 16 and 17 alleles, at the VWA marker, a 14, 16, and at D18S51, 14, 14. (RT 1463-1466) As retested, Dorothy C.’s breast swab was a mixture: a mixture can be discerned if there are more than two genetic traits at any one genetic marker.28 The presence of a Y chromosome indicated the other donor was a male; once Dorothy C.’s profile was deemed the minor donor, due to the relative degree of intensity, the remainder created the major donor profile. The chance a man unrelated to appellant could have been the major donor was one in forty-seven sextillion. There are six billion people on earth. (RT 1467-1471, 1569-1570)
Retesting the Barbara B. sample, Fedor determined the DNA profile from the sperm cells taken from the right buttocks swab matched appellant’s; the chance of a coincidental match was one in eight hundred forty-four septillion. Barbara B.’s right and left breast swabs also included appellant’s profile, with the same one in eight hundred forty-four septillion chance of a coincidental match. Appellant’s random match probability on Barbara B.’s external genital swab was one in seven trillion. Fedor assumed two contributors to the mix. (RT 1471-1475, 1491, 1503, 1605-1607-1608) The Marion J. breast swab was a mixture; appellant’s random match probability was one in nine septillion. The Marion J. external genital sample did not test positive for male DNA, and there was foreign female DNA in the sample: at the
VWA marker, Marion J. was a 14, 18, and the mixture shows a 14, 18 and a 16, 23. At D21S11, Marion J. was 29, 32.2; there was also 31.2 and 30. Sometimes, with some ethnicities, the Y chromosome does not amplify properly. (RT 1475-1477, 1597-1601) Appellant’s random match probability for a portion of the prepared DNA from the fecal material taken from Carol R.’s window was one in eight hundred forty five septillion, and his match for another portion one in eight hundred forty-four septillion. (RT 1477-1479, 1491-1492, 1502-1503, 1514-1515) The Esther R. nipple swab was a mixture, Esther R.’s DNA was subtracted, and the remaining profile matched to appellant with a one in nine septillion probability ratio. At VWA on Esther R.’s external genital swab, there was a 23 marker which belonged to neither appellant (14, 16) nor Esther R. (14, 15): the sample does not contain sperm, and the male components appear in the mixture to a lesser degree than the female: Fedor could not determine whether the male donor left the 23 allele, or how many people contributed to the mixture. Fedor still matched appellant to the external genital swab sample at a probability of one in nine septillion. (RT 1479-1482) In both the Marion J. and Esther R. genital swabs, there were
unaccounted-for 16, 23 alleles at VWA. (RT 1601-1603)
I first read ‘Statement of Facts’ a couple of years ago and immediately understood that it is radically different from the usual conceptual material because of its absolute refusal to compromise with accepted notions of the poetic but also because of the ‘breadth’ of the content. There isn’t any compromise because the material itself isn’t in any way fiddled about with, dressed up nor adjusted in the name of literature / poetry. It isn’t difficult to understand the language until we get some bits of the dn testing, the details of the assaults are absolutely explicit and relentless – in the same way that Bolano’s 2066 catalogues the torture and murder of women in northern Mexico – in recognition that the rejection of ‘style’ is the only way to deal adequately with some events.
It’s easy to get carried away by the impact of the assaults in all their terrible detail but what might be more relevant is the progressive presentation of evidence and what various parties might wish to do with it. We start with the victims’ accounts and the evidence collected/gathered at the time and then move on to what the defendant is alleged to have said during the police interrogation and then on to multiple aspects of the allele problem and what dna might have to say about the ‘truth’.
In the case of the Belmont Shore Rapist the nature of confession as witness is the focal point of both the statement setting out the grounds of appeal and the argument against conviction. The appellant’s counsel argue that the courts refusal to admit expert testimony with regard to false confessions denied Rathbun a fair trial. This is the second paragraph of the grounds:
Pretrial, the court denied two defense requests to appoint an expert for purposes of presenting expert testimony on the phenomenon of false confessions, finding the evidence was inadmissible under People v Kelly (1976) 17 Cal.3d 24, inadmissible as expert testimony, irrelevant as to the facts of appellant’s case, and inadmissible pursuant to Evidence Code section 352.(CT 375-410, 412, 483-553; RT C-1, 385-395, 402-503, 834-835; Ex Parte Motion RT 1-7) The court denied defense request for discovery of DNA evidence relating to uncharged incidents, finding such incidents inherently irrelevant. (CT 648-683; RT C-9-C-12, 69-75). The court granted the State’s motion to exclude evidence of third party culpability. (CT 341-345, 714-738; RT699-708) Pursuant to People v Smith (2003) 107 Cal.App.4th 646, the court ruled evidence of mixed source sample testing would be admitted, admissible under the third prong of People v Kelly, supra 17 Cal.3d24, and under a separate admissibility challenge based on
People v Pizarro 2003 110 Cal.App.4th 530 (CT 739-788, 804=808; RT37-43, 47-58, 61-69, 76-142, 151-196, 200-260, 268-301, 334-338)
There are a further three paragraphs highlighting different aspects of the case, these are followed by a list of the 64 charges that Rathbun was convicted of and the sentence that he received for each. He was sentenced to a total of 1040 years, plus 10 life terms. The act of testifying in criminal cases is done in front of and facillitated by the state and this process is surrounded by all kinds of documented paraphernalia which are used and referred to so as to underpin what we think of as the ‘rule of law’. One of the many (many) issues raised in my mind by ‘Tragodia’ is the over-abundance of references and the names given to these references as if to add further credibility to the criminal justice system and that this may be an example of what Prynne means when he talks about how complicit language is in oppression.
Before we go any further, I’d like to make it clear that I’m of the view that Rathbun was guilty of these crimes and that it would have been an absolute travesty if he had been released on appeal. This is despite the fact that the behaviour of the police appears to have been extremely inept, Rathbun was subjected to six hours of questioning but only the sixth was taped. There is a marked difference between the full and frank confession described in the officers’ notes of the first five hours and the monosyllabic answers that Rathbun gave on the tape. He was told that he could speak to his mother (he was concerned that the media would contact her before he could tell her what was going on) only after the interrogation had been completed. I also think that the appeal is clutching at straws with regard to expert evidence on false confessions, not because the phenomenon is unlikely but because there is only one documented ‘version’ of the first five hours. Place presents the argument for appeal in its entirety – this is a brief extract of the part dealing with false confessions:
In People v Page, supra, 2 Cal.App.4th 184, expert testimony had been allowed on general factors which might influence somebody to falsely confess, examples of those factors, and evidence of relevant psychological experiments in the field; the trial court excluded opinion evidence on reliability of defendant’s confession, though counsel was able to argue application of the expert testimony to that confession. The First District found no constitutional violation in the exclusion because this “marginally curtailed” testimony did not deprive defendant of the ability to present evidence on the circumstances of his interrogation, ‘merely affected the way the defense could link the theories presented by the expert to the evidence introduced at trial. It did not prevent it from making that connection” (Id., at p.187.) There was no abuse of discretion under 801 because there had been no “wholesale” exclusion, citing People v McDonald (1984) Cal.3d 351, 370-371, the Page court reiterated that expert testimony is permitted where the testimony does not seek to “take over the jury’s task of judging credibility….does not tell the jury that any particular witness is or is not truthful……, “but rather informs the jury of factors that might affect the issue of credibility” “in a typical case and to the extent that it my refer to the particular circumstances” of the present case, may be limited to explaining “the potential effects of those circumstances….” People v Page, supra, 2Cal app 4th at p.188, original emphasis.)
So, why is this so important? Firstly it shows how startling work can be made without the usual poetic window dressing, secondly it demonstrates that there re other ways to say Really Big Things and that truly ‘open’ texts like this have just as much power to move and evoke as what is considered to be great poetry.
I think I need to make it clear that the primary importance of ‘Tragodia’ relates to strategy, given that there is a kind of tiredness in the overpoeticised material that is what most people consider to be contemporary poetry – this represents the kind of ‘jolt’ that may cause the ruptures of change that are needed.