Wednesday, March 10, 2010

20 years to life for cyanide death of wife

By Leila Atassi, The [Cleveland] Plain Dealer


CLEVELAND, Ohio -- Street vendors and barflies in Beirut have heard the story of how and why former Gates Mills doctor Yazeed Essa killed his wife with calcium capsules emptied and refilled with hand-crushed cyanide.

The man who harbored him during his days on the run said that Essa bragged constantly about his handiwork to whomever would listen.

But Tuesday, days after a Cuyahoga County jury found Essa guilty of aggravated murder, Rosemarie Essa's brothers demanded to hear the story, too -- from Essa himself. Rocco and Dominic DiPuccio stood before their former brother-in-law, challenging Essa to come clean and ask for forgiveness.

"Are you man enough?" Dominic DiPuccio said. "Are you? Forget that appeal. Stop wasting your brother's money. This is your last chance to save your soul. Are you a man or not?"

But on his attorneys advice, Essa remained silent, avoiding eye contact and swiveling nervously in his chair.

Common Pleas Judge Deena Calabrese sentenced Essa, 41, to life in prison with parole eligibility after 20 years -- placing the capstone on a trial that ranks among the most highly publicized in the court's history.

Essa's attorneys, Steven Bradley and Mark Marein, said their client plans to file an appeal. They asked, however, that he be declared indigent and assigned new legal counsel to work on his case. Essa's brother, Firas, had bankrolled the defense because Yazeed Essa's assets are frozen pending a wrongful death lawsuit filed by the DiPuccios.

Assistant County Prosecutor Steven Dever asked the judge to order Essa to reimburse taxpayers for $41,000 -- the cost of extraditing Essa from Cyprus when he was captured in 2006 after 18 months on the run.

The judge granted the motion. But first she invited Rosemarie Essa's friends and family members to speak about the woman they call Rosie and the cavity left in their lives when she died.

Rosemarie Essa's parents, Rocco and Gee Gee DiPuccio, told the judge how lucky they were to have four beautiful children, who grew into well-rounded, compassionate adults.

But on Feb. 24, 2005, Rocco DiPuccio said, their luck ran out when Yazeed Essa handed their 38-year-old daughter the contaminated pill. "I've seen a lot of court cases where they talk about closure," DiPuccio said. "I never understood that word until now, and I still don't understand it because there is no closure. The only thing I'm hoping is that from now on, maybe there will be less nights when my wife cries herself to sleep."

Gee Gee DiPuccio called Essa an evil, murderous coward and wished him misery in his lifetime behind bars. "You see, Yaz, our family has something you don't have," she said. "Heart, love, compassion and strength in a higher power that will get us through this."

Others invoked Essa's conscience and wondered aloud how it could bear the weight of what he had done. They reminded him of the two children he left behind, Armand, 9, and Lena, 7, who are now being raised by Dominic and Julie DiPuccio. And they spoke of the children's suffering and confusion in adjusting to life without either of their biological parents.

Dominic DiPuccio read a statement he wrote from the perspective of Essa's children, listing all the ways in which they have grieved in their mother's absence from holidays and landmark events in their lives. He vowed to raise the children as his own and said he hopes their memories fade of the man they refer to as their "old dad."

The memory of "Mommy Rosie," however, will survive, he said.

"My children, our children, have had to face fear and confusion that no child should ever have to face," DiPuccio said. "I miss my sister terribly each and every day. She will never get to hug her children or feel the sun on her face again. So I see no reason why (Essa) should ever get to as long as he lives."

Judge Calabrese asked Essa if he wished to remain silent. And the once suave playboy, now dressed in bright orange prison scrubs, paused for several seconds before answering, "Yes."

Then the judge told Essa that he has such little respect for women that she doubted her words would have much of an impact on him at all. Calabrese said his lack of emotion or remorse is unfathomable and that she regrets that the law would not allow her to sentence him to life in prison without parole.

"I cannot imagine the evil you have done to these people, especially your children," Calabrese said. "It is my great hope that they forget you and that whatever legacy you have is wiped away... I am so glad that you will be leaving my courtroom and that I hopefully will never have to look upon you again."

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