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.)


JHM Certified Public Accountants Celebrates New Location

After nearly 40 years in their downtown location, Johnson, Hickey & Murchison Certified Public Accountants, a Chattanooga-based CPA firm, is moving to a new site just off Shallowford Road.   “The new location and fresh build-out have provided us with renewed energy and enthusiasm,” said Dean Krech, managing partner for JHM Certified Public Accountants. “We are so thrilled ... (click for more)

Blissful Wellness At Nutrition World Has Grand Reopening

Blissful Wellness at Nutrition World will host a grand reopening next week. It is at 6237 Vance Road Ste 8 Chattanooga, TN 37421. The week will include workshops, give a ways, and a free yoga class. For more information about the events of the week, contact Studio Manager Maggie Bailey at 423-298-8670 or visit Blissful Wellness on Facebook. (click for more)

City To Begin Shipping Much Of Its Garbage To Bradley County

City Public Works Administrator Justin Holland said the city plans to begin shipping much of its garbage to Bradley County. He said the deal is projected to extend the life of the city landfill at Birchwood by 15 years. Mr. Holland said Bradley County "has a huge landfill and takes garbage from Knoxville and other municipalities. It's regional." He said Bradley County charges ... (click for more)

Man Says He Did Nothing To Provoke Shooting At Bakewell Gas Station; Suspect Says Victim Was Coming Toward Him

A 33-year-old man who was shot in the face during a clash at a Bakewell gas station said he did nothing to provoke the shooting. The man charged said the victim cursed him, then started toward him. General Sessions Court Judge Clarence Shattuck, after a hearing on Tuesday, bound to the Grand Jury a charge of attempted first-degree murder against Donald Stuard II, 29, of Old Washington ... (click for more)

Something Beautiful Happened Monday Night - Not The Debate

Monday, Sept. 26, our first presidential debate happened; no minds were changed.  Yet something beautiful and important happened.  The Atlanta Falcons, my team, played the New Orleans Saints.  Instead of some irrelevant, broad based, screw America protest, the opposing teams locked arms in unity. I was impressed. I have been a Falcon Fan since 1971 when WMOC AM ... (click for more)

Roy Exum: Our 2.0 Embarrassment

Let’s pretend you are coming to a new and exciting world. You are on the jolly good ship “Mayflower” when some Miles Standish-type of a guy (he was the Pilgrim’s first cop) calls you into is presence and says, “Within two hours we are expected to stand on Plymouth Rock. Please come up with ten primary goals we should have in our public schools.” I believe you could do it within ... (click for more)