Lee Davis: Supreme Court Agrees To Hear Case Of Woman Who Poisoned Her Best Friend

Tuesday, January 29, 2013 - by Lee Davis
Lee Davis
Lee Davis
On Friday the U.S. Supreme Court agreed to hear an appeal by a woman convicted under a federal law that was meant to curb the existence of chemical weapons. The case is a convoluted one and involves the woman admitting she attempted to poison a former friend who she found out had an affair with her husband.

The law at issue in the case was enacted in 1998 and banned the use of chemical weapons for anything other than a “peaceful purpose.” The law developed from an international chemical weapons convention that was signed in 1993. The goal of the convention was to prevent terrorists from obtaining dangerous weapons of mass destruction.

The woman at the center of this sordid tale, Carol Anne Bond, was a microbiologist who previously worked with a major chemical company, Rohm and Haas.
After the police launched an investigation, she admitted to trying to poison her former best friend after learning that the woman had become pregnant by Ms. Bond’s husband.

Ms. Bond took chemicals from Rohm and Haas and spread them on the friend’s mailbox, car doors and house doorknobs over the span of nearly six months. Though cases like this are normally handled by local prosecutors as traditional criminal cases, Ms. Bond was prosecuted under the federal chemical weapons law.

The case presents an unusual opportunity for the justices to consider what to do when Congress’ power to implement international treaties into American law conflicts with the 10th Amendment limits on federal power. Ms. Bond, a Pennsylvanian, was sentenced to six years in prison after pleading guilty. She’s since appealed saying that use of the federal law invaded the powers given to Pennsylvania and other states under the 10th Amendment.

Earlier last year Ms. Bond’s case was heard by the 3rd Circuit Court of Appeals which found that her conviction was constitutional. Though the court upheld her previous conviction, it did go out of its way to point out that the federal chemical weapons law turned each kitchen cupboard and cleaning cabinet into a potential chemical weapons cache.

Ms. Bond, who’s being represented by former Solicitor General Paul Clement, says that the federal government exceeded its authority by criminalizing what was local conduct when it implemented the chemical weapons treaty. The government disagrees, saying that Congress has authority under the Commerce Clause and the Necessary and Proper Clause to enact the law as it did.

Read: “U.S. Supreme Court Will Reconsider Case Of Woman Who Tried To Poison Romantic Rival,” by Robert Barnes, published at WashingtonPost.com.

(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)


Alexander: Energy Committee Approval Of Basic Energy Research Programs, Development Of Supercomputers Will Help Maintain U.S. “Brainpower Advantage”

Senator Lamar Alexander voted Thursday in committee for the bipartisan “Energy Policy Modernization Act of 2015,” which passed the Senate Energy & Natural Resources Committee by a vote of 18 to 4. The bill includes a number of proposals offered by Alexander. Sen. Alexander said: “I commend Chairman Murkowski’s leadership of the Energy committee in crafting a bipartisan ... (click for more)

Supreme Court On Track To Maintain Full Docket

Chief Justice Sharon G. Lee said the Tennessee Supreme Court will continue to serve at the same level of operation while the executive and legislative branches work out the details of appointing and confirming a replacement for retiring Justice Gary R. Wade.  “There have been many occasions with vacancies on this Court before – including in the last decade,” Chief Justice ... (click for more)

Zaxby's To Go In Across From Bass Pro Shop At New I-75 Exit 1 Development In East Ridge

A new Zaxby's will be built across from Bass Pro Shop at I-75's Exit 1 in East Ridge, developer John Healy said Thursday night. He said other restaurants and hotels are also coming to the Jordan Crossing site at the entrance to Camp Jordan Park. Mr. Healy said he hopes to make a "significantly larger" announcement soon. The East Ridge City Council, at a special called meeting, ... (click for more)

Young Man Involved In Incident That Led To A Murder Gets Diversion, Praise For Testifying

A young man who was involved in an incident that led to a murder has been given diversion and praised for testifying against co-defendants. Criminal Court Judge Barry Steelman said a conviction for facilitation of an aggravated robbery can be expunged if Dustin Hayes gets in no further trouble for six years. The judge said, "We wouldn't be dealing with 40 shootings a year ... (click for more)

The Silence Is Deafening - And Response

In this week’s news cycle we have the international uproar over the killing of Cecil the lion. In the same time most national news outlet refuse to even mention the undercover videos of so call doctors and technicians discussing the harvesting, processing and sale of human baby body parts.  The argument by those liberal, progressive Democrats has been that the “fetus” was ... (click for more)

Roy Exum: They Still Love The ‘Lickers’

When Congressman Ted Yoho (R-Fl.) introduced the 2015 version of the “Prevent All Soring Tactics” in Congress this week, he already had a bipartisan crowd of 50 Republicans and 50 Democrats as co-sponsors. That’s hardly amazing. Today there are over 280 organizations, associations, veterinary and animal advocates who vehemently support the legislation, because it is well documented, ... (click for more)