With Jana Hawkes sprung from prison,
and forgiven for killing Carmen
Mesta without the convening of a Kangaroo Court to
justify her total exoneration, I can't help but
think back to July last year when Jana was tossed
onto the God Have Mercy Medical Center psycho ward
without a court order for her own protection. I
recall a nurse saying the GHM had this right and
since Jana didn't have a lawyer, or any friends who
could get her one, or ask the ACLU how the hell
someone can be locked away on a whim, Jana accepted
her fate despite having 24/7 access to a phone. She
did call the brother of one of her victims to ask
for free legal representation, but attorney Michael
Baldwin declined.
Knowing how easy it is to sneak a gun in the
hospital and out again to facilitate his own escape,
Kevin Fisher was so afraid Jana would escape and try
to kill him again he told ADA Heather Stevens as
much and that Jana would "haunt" him for the rest of
his life. His fear flicked away like an annoying
nose booger, Stevens didn't so much as assure Kevin
that Jana would be watched around the clock. In
fact, there were no guards on the psycho ward at
all. Kevin used this to his advantage when he
waltzed onto the ward and told Jana that the next
time she saw him it would be at her trial.
That Kevin was allowed to visit the person who tried
to kill him was of no concern to anyone except those
of us who were aghast. We were stunned when, from
the nut ward, Jana called members of the victim's
family to threaten them and was allowed to have
sharp objects like pens and pencils with which to
write in her diary. That Jana was allowed to wear
street clothes wasn't as shocking as the dialog
which I've paraphrased here from one of her meetings
with Kevin.
"Kevin, please don't be mad. I didn't mean to hurt
anyone. I thought the fire would only scare you and
that bitch, Colleen. I thought when I agreed to meet
you at the warehouse you wanted me? I thought we'd
have hot, sticky sex right there on the dusty floor
and twelve months later I'd have your baby. What
went wrong, Kevin? Why are you mad?"
As Kevin kept saying he would be the "star witness"
at Jana's trial, he was never questioned by Stevens
or the public defender Jana said later had been
assigned to her case but never once met with her or
interviewed Kevin.
While Kevin wailed that he wanted the State of
Wisconsin to reinstate the death penalty, and for
Jana to become only the second person the state had
ever put to death, a nurse happened by to give Jana
some nice drugs, was not at all surprised that Jana
had a visitor and told Kevin not to freak if Jana
started having a fit. She did, after all, have a
brain tumor!
Right on cue, Jana had a fit. Kevin said she was
faking it, but since he didn't really know how one
fakes such things, Kevin later looked it up on the
Internet. That was the day Kevin changed his tune so
radically members of his family said he'd become
"obsessed". And he had such that Kevin wanted Jana
moved to Ohio where there was a hospital
specializing in brain tumors.
Who can forget that the next day, having found where
Jana once lived and pretending to be a doctor, Kevin
questioned her neighbors and found out that in
addition to going by the name "Elizabeth Borden", as
in Lizzie Borden who is said to have given her
father and step-mother a few whacks in the head with
a hatchet, Jana had been known to have a few screws
loose.
By late August, thanks to his mother putting up the
money, Kevin had found a surgeon to operate on
Jana's head. Not a complete success in that a
portion of the tumor remains in Jana's brain today,
following the operation Gloria Fisher Abbott
Bardwell to Jana, "Listen to me you evil bitch.
Nobody will ever know if the tumor caused your
behavior. You may have survived the surgery, Jana.
But if you ever go after my son again you won't
survive me."
And we've all seen how that worked out. Not only did
Gloria capitulate, Michael took Jana's case pro-bono
presumably because they'd grown tired of hearing
Kevin say that Jana didn't kill anyone, the tumor
did. We saw too the incredible coincidence that Jana
would share a prison cell with Phyllis Newman and
that she'd be able to order books from Amazon with
titles like her favorite, "The Mindset of a Killer."
We also saw that at the prison people calling
Phyllis and Jana at all hours could leave messages
when they didn't pick up. Kevin and Jana grew so
close they consider themselves the new "Starsky and
Hutch" and have spoken often of the day they'll be
riding off into the sunset on their "hogs" as Jana
had also been reading Zen and the Art of Motorcycle
Maintenance.
Crazy as the seven months since Jana was locked up
have been, like you may be, I'm torn. Jana's rights
have been ignored; she deserves to be free and I
can't see a judge ruling any other way, but Carmen
Mesta is still dead. Shouldn't there be a price to
pay for murder? Shouldn't Mesta's family be
demanding justice? They should, but they aren't, and
if they don't care if Jana goes free, why should we?