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.)


Northwest Georgia’s Unemployment Rate Rises To 7.7 Percent In June

The Georgia Department of Labor announced today that the unemployment rate in the Northwest Georgia region increased to 7.7 percent in June, up four-tenths of a percentage point from 7.3 percent in May. The rate was 8.9 percent in June a year ago. The rate increased because of seasonal factors, such as the summer job loss among non-contract school workers and a rise in the labor ... (click for more)

Metro Dalton’s Unemployment Rate Rises To 9.3 Percent In June

The Georgia Department of Labor announced that Metro Dalton’s unemployment rate increased to 9.3 percent in June, up five-tenths of a percentage point from 8.8 percent in May. The rate was 11.1 percent in June a year ago. The rate increased because of seasonal factors, such as the summer job loss among non-contract school workers and an increase in the labor force as graduates ... (click for more)

EPB Files With FCC To Expand TV, Phone, Internet Offerings Outside Electric Service Area

 EPB announced Thursday that it has filed a petition to the FCC "in an effort to respond to neighboring communities’ requests for access to the company’s gigabit enabled high-speed Internet service." Officials said, "EPB offers high-speed Internet access, video programming and voice services using a fiber optic communications network that allows the company to deliver these ... (click for more)

Black Creek Developers Say They "Followed The Rules" On $9 Million TIF: To Continue Project

The developers of the Black Creek project at Aetna Mountain said Thursday they "complied precisely by the rules when we applied for and received approval of the TIF district." Doug Stein said the group plans to continue on with the project, which he said earlier would include the creation of a small town on a huge undeveloped tract on the mountain above Black Creek (formerly ... (click for more)

Pickle Ball? - And Response

Collegedale has done some wonderful things for its residents.  The Greenway is a perfect example of money well spent on helping to give her residents the opportunity to improve their lives, at least from a health standpoint. Having taught at Wolftever Creek for a decade plus, I was fortunate to have opportunity to take my classes on walks from time to time.  It provided ... (click for more)

Roy Exum: The NCAA’s “Division IV”

Jonathan Jensen and Brian Turner are two very smart guys. Not long ago the two sports researchers at Ohio State authored a story that appeared in the Journal of Quantitative Analysis in Sports that focused on the most successful college football teams in the country and, earlier this week, a writer named Ben Cohen broke it down in understandable terms for a fascinating Wall Street ... (click for more)