A Rip in Heaven: Understanding the Voice for Victims

Quite often, when reading a true crime book, you learn about the case from the victim's family, a reporter, or other involved party (ex., law enforcement). Additionally, cases usually focus on the offender(s) or the victim(s). The story captured in the book, A Rip in Heaven by Jeanine Cummins, goes outside of these parameters. The case that involved her family is one that involves the offenders, the victims, the accused, the cleared. The case involving the Cummins and Kerry families is one for all persons looking to better understand the challenges that we face in the criminal justice system and even society.

Disclaimer

The case mentioned above is best detailed by Jeanine Cummins in her book, A Rip in Heaven. The summary here does not come close to providing the true insight, understanding, and emotions of the case one can get from reading the book. Jeanine Cummins is referred to as 'Tink' (her nickname) in the book, and is the sister of Tom Cummins, and cousin of Robin and Julie Kerry.

Please note that this summary and blog post mentions homicide and rape, so please read with caution.

Case Summary

In St. Louis, Missouri, in April 1991, three young adults, Julie Kerry, Robin Kerry, and Tom Cummins, were spending some last minute time together before Tom and his family had to return to their home in Maryland. Tom, Robin, and Julie were family, with Robin and Julie being sisters and Tom being their cousin. While exploring the Old Chain of Rocks Bridge (today a state park), the three family members encountered a group of four young males who were also out to explore the bridge. In first meeting, the two groups exchanged conversation and no harm other than some awkwardness came out of it. However, after this first meeting, the four males devised a plan to seek out Tom, Robin, and Julie and rob them. Upon finding each other again, the two groups walk together for a short period of time, only to have the silence erupt into a chaotic scene of horror. The four males proceeded to separate Robin and Julie from Tom, with Robin and Julie then stripped and raped by them. While Robin and Julie were sexually assaulted, Tom was physically assaulted by the various males and robbed. He was arguably tortured physically and mentally, being subjected to hearing his cousins' cries for help and exclaimation of pain. With the threat of violence and involvement of a gun, Robin, Tom, and Julie were ordered by the males to jump into the river from the bridge. All three complied and fell over 50 feet to the cold Mississippi River below. Julie and Tom managed to find each other in the water, but eventually were separated again. Only Tom made it to shore, despite his best efforts to rescue Julie and find Robin. Upon being found by truckers, Tom was eventually found by law enforcement who began their investigation to what had happened on the bridge that evening. At first, Tom was a victim, but quickly was perceived as the prime suspect by law enforcement. After being interviewed, pressured into a confession, arrested, charged with first-degree murder, and spending a time waiting in jail, Tom was eventually released due to the prosecutor finding a lack of evidence. Shortly thereafter, the investigation turned to focus on one of the four males, who promptly shared information about the others in his group that evening. It was not long before the four males were all in custody. During all of this, Tom's family was both grieving the suspected loss of Robin and Julie, while grappling with Tom's accusal, arrest, and clearing. His family felt that the media was quick to promote his guilt but slow to reconcile his actual innocence. Each of the four males faced the justice system, with three receiving a death penalty sentence and one receiving a 30-year prison sentence.

In the years after the convictions, the Kerry and Cummins families continued to deal with the aftermath. For one, the loss and continued grief with Robin and Julie. Additionally, the families' trust of the media. The media reached out to interview family members, with many being skeptical about sharing anything. Court TV even contacted them about bringing light to their side of the story. However, none of the footage of the families was shown in the documentary, and instead it highlighted the one convicted offender. A civil lawsuit against police for Tom's wrongful accusal was also brought and won. Kay Cummins, Tom's mother and Robin and Julie's aunt, in part dealt with her grief through advocacy work. She advocated for better victim rights, and support through the Wings of Hope newsletter.

(Image is cover of book by Jeanine Cummins, Penguin Group/New American Library publishers)

Case & Points

The case described above touches on many hot button issues in our society and more specifically, justice system. From the roots of criminal behavior, to trauma, to wrongful accusations and forced confessions, to convictions and the death penalty, this story shows just how complex and challenging it can all be.

Jeanine Cummins, a/k/a Tink, does her best to present context to everything. She demonstrates the importance of the rights of victims, the rights of victims families, and how the media and society responds to criminal cases (for right or for wrong).

You'll note that the convicted persons in this case are referred to as "males" in the summary and not "men". This was purposefully done as at the time of the crimes, some of the now convicted persons were juveniles. Due to the nature of these offenses, they were all tried as adults. You'll also note that their names are never used, as it was felt that recognition was owed to the victims and not the convicted.

It is recognized that offenders, both convicted and not, often come to the story with their own histories of trauma and troubling circumstances. However, these historical factors provide context only. They help us explain but never excuse behaviors. We as a society do need to work toward prevention efforts so as to avoid future malice and violence.

Impact

One of the most powerful statements in the book, that captures the essence of victims and the criminal justice system is: ..."the larger social injustice is not that the victims' families are peripheral to our attentions. The larger wrong is that, because of their death-imposed silence, we forget about the victims themselves." (p.299). As a former victim advocate, I can attest to the back seat that victims, whether alive or deceased, often take in the case. It was because of this frequent fact that positions like victim advocates were created and continue today. Advocating for the voiceless to be recognized and have a voice. Unfortunately in this case, Tom Cummins was a victim but never was viewed as such. He went from suspect, to accused, to cleared, but never victim (at least not by the media). Tom and his sister Tink also returned to Missouri to give another statement when the one male offender was up for parole. The family's strength cannot be understated.

As mentioned, the book also mentions the death penalty. The author describes her own grappling with the emotional roller coaster that not only arose from the crimes themselves, but also this outcome of the death penalty. It is a largely debated and highly controversial topic by all who interact with the justice system. However, the author offers this profoundly impactful quote on the topic: "the worst thing an oppressor can ever do to a victim is to inspire such hatred within the victim that she becomes capable of the same kind of monstrosities that oppress her." (p.300). In other words, if the victim's family becomes capable of the same acts that the oppressor committed, even more damage has been done. I often heard victims express their anger and frustrations, but many would state "I cannot stoop to their level" referring to the defendant.

(Image from Shelby County, Ohio gov)

Resource

I'd be remiss if I did not provide resources for victims of crimes and their families. I encourage people to check out local resources as well, with many states offering programs to support victims during, after, or even in the absence of an official criminal case. You can be a victim of a crime even if it was never reported to law enforcement, or anyone else. Your needs are no less than others. You can seek out help for the trauma, mental health concerns, and more that you need.

Check out Victim Connect Resource Center at https://victimconnect.org/. You can call or text the Center at 1-855-4VICTIM (855-484-2846). Visit their website for even more resources, information, and guides. Another nationwide resource is National Organization of Parents of Murdered Children: 888-818-7662.

Reference

Book: Cummins, J. (2004). A rip in heaven: A memoir of murder and its aftermath. Penguin Group/ New American Library.

Check out www.ripinheaven.com for more information.