A Syracuse man was sentenced to 18 years imprisonment for shooting his wife Wednesday, April 6, 2011 in a Onondaga County courtroom for the attempted murder of his wife. Cecil Torrence III, a 35 year old father, pled guilty on Valentine's Day 2011 to a single count of attempted 2nd degree murder for shooting his wife Lisa in the bathtub after an argument over texting.
The couple reportedly was arguing about text messages the victim had received when Torrence pulled a gun and opened fire on her in the bathtub, the prosecutor has said. The victim was shot four times, but managed to crawl from the residence after the gunman left with the couple's 2-year-old child.
The victim collapsed in a snowbank outside her home where neighbors discovered her and called for help. The defendant was arrested the following day when he was found hiding in a closet of a home on North Midler Avenue.
Given an opportunity to speak in court, Torrence turned to face about a dozen relatives and apologized for any shame and embarrassment he caused them. He then apologized to his children for being taken away from them as a result of his conduct. Lastly, he apologized to his wife for causing her any pain and suffering.
Aloi noted Torrence's courtroom comments were far different from his reported comments to the probation officer who prepared a pre-sentence report. The judge said the probation report indicated no remorse by Torrence.
Paul Carey, Torrence's defense lawyer, said that the lack of remors in the pre-sentencing report was due to his advice not to talk about the case until after sentencing. The defendant's two daughters and aunt were upset with the length of the sentence because homicides can get that lenght of time behind bars. The aunt said her nephew was"a good person, a good father and a good husband."
Showing posts with label NY. Show all posts
Showing posts with label NY. Show all posts
Wednesday, April 13, 2011
Thursday, March 10, 2011
Suburban Buffalo man gets 25 to life in ambush, beheading of wife
A suburban Buffalo man was sentenced to 25 years to life yesterday in an Erie County, NY courtroom for the beheading murder of his wife. Mohammed "Mo" Hassan was sentenced to the maximum sentence, 25 years to life, for the murder of his wife Aasiya, in their Bridges TV studio in Orchard Park, NY on February 12, 2009. Hassan sneaked up on his wife, stabbed her 40 times, then cut off her head, according to prosecutors.
The murder was preceded by allegations of domestic violence. The jury took only an hour to reach their verdict on February 7, 2011.
The jury reached its verdict after 14 days of testimony and arguments spread over the course of three weeks in Erie County Court. The jury was clearly moved by the mountain of evidence and eyewitness testimony presented by Curtin Gable and fellow prosecutor Paul Bonanno depicting Hassan as a longtime spouse abuser who methodically planned the brutal, blood-soaked attack on his wife in the darkened hallway of their Bridges TV studio on Feb. 12, 2009.
Besides the 25 years to life sentence, Hassan was also served with a no contact order placed by his eldest two children.
The murder was preceded by allegations of domestic violence. The jury took only an hour to reach their verdict on February 7, 2011.
The jury reached its verdict after 14 days of testimony and arguments spread over the course of three weeks in Erie County Court. The jury was clearly moved by the mountain of evidence and eyewitness testimony presented by Curtin Gable and fellow prosecutor Paul Bonanno depicting Hassan as a longtime spouse abuser who methodically planned the brutal, blood-soaked attack on his wife in the darkened hallway of their Bridges TV studio on Feb. 12, 2009.
Besides the 25 years to life sentence, Hassan was also served with a no contact order placed by his eldest two children.
Tuesday, January 11, 2011
Wife gets too light sentence for running over and killing husband during drunken argument
A wife who ran over her husband during a drunken argument, killing him, was sentenced to 1 to 3 years in prison by Rockland County County Court Judge Charles Apotheker on January 3, 2011. 33 year old Kelly McElroy of Stony Point, NY, faced a maximum of 7 years for 2nd degree vehicular manslaughter, a sentence that the victim's family wanted. After last October's guilty plea to the vehicular manslaughter charge and a DWI, Judge Apotheker promised a maximum of three years.
In the early morning of January 24, 2010, Kelly McElroy and her husband, Glenn, 26, left a pub and drove home. During a heated argument, the husband got out of the car and Mrs. McElroy, who had a blood alcohol level of 0.16 percent, struck Glenn.
Emergency responded found him unconscious with severe head injuries. He died on January 30 at Nyack Hospital when he was removed from life support.
Rockland District Attorney Thomas Zugibe said his office “ believe[s] that the ends of justice have been served.”
However, local opinion suggested that McElroy's sentence was too light.
Stony Point Mom asked, How can the judge "promise" three years and consider less? That doesn't sound like a promise - it sounds like no justice for Glenn and his family...It's hard to understand how you can be drunk, kill someone's son (and the father of your children) and get away with a slap on the wrist.
Another local said,
What is a human life worth these days? For Rockland County Court Judge Charles Apotheker the answer is 1 to 3 years in prison. Apotheker said that Kelly McElroy, a woman who ran over her husband while driving with a blood-alcohol level of 0.16, will have to, one day, answer to a "higher authority." That's all well and good but Judge Apotheker represents a higher authority in this life. McElroy pleaded guilty in October to second-degree vehicular manslaughter and driving while intoxicated.
Apotheker should be held accountable for this absurd sentence that does not in any way equate to the loss of a young man's life.
Frank DeGennaro
Nanuet
In the early morning of January 24, 2010, Kelly McElroy and her husband, Glenn, 26, left a pub and drove home. During a heated argument, the husband got out of the car and Mrs. McElroy, who had a blood alcohol level of 0.16 percent, struck Glenn.
Emergency responded found him unconscious with severe head injuries. He died on January 30 at Nyack Hospital when he was removed from life support.
Rockland District Attorney Thomas Zugibe said his office “ believe[s] that the ends of justice have been served.”
However, local opinion suggested that McElroy's sentence was too light.
Stony Point Mom asked, How can the judge "promise" three years and consider less? That doesn't sound like a promise - it sounds like no justice for Glenn and his family...It's hard to understand how you can be drunk, kill someone's son (and the father of your children) and get away with a slap on the wrist.
Another local said,
What is a human life worth these days? For Rockland County Court Judge Charles Apotheker the answer is 1 to 3 years in prison. Apotheker said that Kelly McElroy, a woman who ran over her husband while driving with a blood-alcohol level of 0.16, will have to, one day, answer to a "higher authority." That's all well and good but Judge Apotheker represents a higher authority in this life. McElroy pleaded guilty in October to second-degree vehicular manslaughter and driving while intoxicated.
Apotheker should be held accountable for this absurd sentence that does not in any way equate to the loss of a young man's life.
Frank DeGennaro
Nanuet
Monday, December 13, 2010
Mother sentenced to 9 years prison, 5 years post release supervision for stabbing husband
A mother who stabbed her husband in the same house that their kids lived in was sentenced to 9 years in the New York state prison system and 5 years post release supervision for the attack. According to prosecutors, this stemmed from a desire to cash in on a life insurance policy. The mother was sentenced in Saratoga County Court Judge Jerry Scarano's courtroom on December 2, 2010.
On the night of Nov. 9, 2009, deputies from the Saratoga County Sheriff's Office responded to a 911 call made by Thomas Vautrin from the home the couple shared with their two children, who were then 5 and 10 years old. Police arrived to discover both Thomas and Mary Jane had suffered serious stab wounds, and the couple were taken for treatment at Albany Medical Center.
Mary Jane Vautrin, 36, initially told police she was attacked by her husband. But investigators said her wounds were self-inflicted, so she was arrested and charged with a six-count indictment that included second-degree attempted murder. Those charges were later dropped in favor of a first-degree felony assault charge as part of a negotiated plea deal.
The stabbing incident was believed to be part of a plan to cash in on a life insurance policy in excess of $30,000, which the woman allegedly forged in her husband's name.
The victim impact statement by Thomas Vautrin,"We had a normal life, normal kids, normal problems. That changed one night about a year ago. On that night, I woke up to my wife stabbing me...Why would you want me dead?"
"When I was in the hospital, I prayed not to live through this," said Thomas Vautrin, who has "14 visible scars. "I can't deny I love you," Thomas Vautrin said to his wife in court Thursday morning.
He went on to explain, however, that the attack has had significant repercussions."The (children), pulled from their beds, seeing the blood-splattered walls ..." he said, his voice trailing off in the courtroom.
Thomas also read victim impact statements from the couple's two children. "I can't see you. I can't snuggle with you...No more doing holiday stuff. No putting up the tree. No Halloween with us," the younger child said.
Besides the prison sentence, Scarano issued a permanent order of protection for the victim against his wife.
On the night of Nov. 9, 2009, deputies from the Saratoga County Sheriff's Office responded to a 911 call made by Thomas Vautrin from the home the couple shared with their two children, who were then 5 and 10 years old. Police arrived to discover both Thomas and Mary Jane had suffered serious stab wounds, and the couple were taken for treatment at Albany Medical Center.
Mary Jane Vautrin, 36, initially told police she was attacked by her husband. But investigators said her wounds were self-inflicted, so she was arrested and charged with a six-count indictment that included second-degree attempted murder. Those charges were later dropped in favor of a first-degree felony assault charge as part of a negotiated plea deal.
The stabbing incident was believed to be part of a plan to cash in on a life insurance policy in excess of $30,000, which the woman allegedly forged in her husband's name.
The victim impact statement by Thomas Vautrin,"We had a normal life, normal kids, normal problems. That changed one night about a year ago. On that night, I woke up to my wife stabbing me...Why would you want me dead?"
"When I was in the hospital, I prayed not to live through this," said Thomas Vautrin, who has "14 visible scars. "I can't deny I love you," Thomas Vautrin said to his wife in court Thursday morning.
He went on to explain, however, that the attack has had significant repercussions."The (children), pulled from their beds, seeing the blood-splattered walls ..." he said, his voice trailing off in the courtroom.
Thomas also read victim impact statements from the couple's two children. "I can't see you. I can't snuggle with you...No more doing holiday stuff. No putting up the tree. No Halloween with us," the younger child said.
Besides the prison sentence, Scarano issued a permanent order of protection for the victim against his wife.
Sunday, September 26, 2010
Queens rapist gets 37 to 42 years imprisonment for attacking student during first day on job
A Queens, NY rapist was sentenced to a prison term of 37 to 42 years Thursday, September 23. 23 year old James Gillespie was convicted September 3 of the July 2009 rape of a 20 year old St. John's University student in Fresh Meadows, NY. The victim was walking to her first day at work as a part time restaurant hostess when Gillespie pounced.
As Gillespie dragged the woman into an alley, she reached into her purse and called 911 and her pleas for mercy – which Gillespie ignored – were recorded and played back in court during Gillespie’s trial.
"Please don't do this to me- Oh, my God, sir, please!" she pleaded just before the rape. Of course, Gillespie violated her. He also took her cell phone and purse.
Assistant Queens DA Jared Rosenblatt asked for the maximum sentence.
"You are an animal," Rosenblatt said over the objections of Gillespie's lawyer. "You are evil and your actions were heinous."
Gillespie offered a rambling denial."I don't even know why I'm still standing here in this courtroom," he said. "I don't understand what's going on here."
At the sentencing, which the victim attended, her statement to her attacker was this. "You are less than a man. Luckily, I'm a strong individual...I must let you know you are weak. You are a coward. You do not deserve to walk the streets as you are."
Queens Supreme Court Richard Buchter sentenced Gillespie to the max for rape, criminal sex act, and robbery.
"I think Mr. Gillespie is seriously lacking in any humanity.The defendant’s only concern us his own perverse sexual satisfaction. He’s young and that what worries me. He shouldn’t get out while he can still do it again."
Queens DA Richard Brown said about the woman's testimony, "She testified with dignity and grace. Hopefully, knowing that he will now be behind bars for a long time will provide her with a small measure of help in overcoming the physical and psychological trauma." That trauma includes sleepless nights, fear of AIDS, and a reluctance to walk alone.
Thursday, September 16, 2010
Brooklyn serial rapist sentenced to 174 1/2 to 178 years in prison
A Brooklyn serial rapist who preyed on women in the Crown Heights neighborhood was sentenced to 174 1/2 to 178 years in the New York prison system Wednesday, September 8, 2010, according to the Brooklyn DA's office. 23 year old Erick Lewis was convicted of rape, criminal sex act, robbery, and 2 counts of sex abuse in August.
Lewis’ string of rapes around Crown Heights began in January 2008 around 12:30 p.m, when Lewis followed a woman into a laundry room in the basement of her Crown Heights apartment building, assaulted her and attempted to force her to perform oral sex.
In August 2008, just after midnight, Lewis raped and robbed another woman, at gunpoint, in the elevator of another Crown Heights building. The victim reported the incident to the police, and was taken to Methodist Hospital. There she was treated, and forensic evidence was collected.
On September 11, 2008, Lewis robbed a woman and forced her to perform oral sex on him, in the elevator of another Crown Heights building. Forensic evidence was collected from the floor of the elevator linking Lewis to the crime.
The presiding judge was Brooklyn Superior Court Justice Vincent Del Giudice.
Lewis’ string of rapes around Crown Heights began in January 2008 around 12:30 p.m, when Lewis followed a woman into a laundry room in the basement of her Crown Heights apartment building, assaulted her and attempted to force her to perform oral sex.
In August 2008, just after midnight, Lewis raped and robbed another woman, at gunpoint, in the elevator of another Crown Heights building. The victim reported the incident to the police, and was taken to Methodist Hospital. There she was treated, and forensic evidence was collected.
On September 11, 2008, Lewis robbed a woman and forced her to perform oral sex on him, in the elevator of another Crown Heights building. Forensic evidence was collected from the floor of the elevator linking Lewis to the crime.
The presiding judge was Brooklyn Superior Court Justice Vincent Del Giudice.
Sunday, June 27, 2010
Felon gets 25 years for killing, dismembering "fiancee" after argument
A Buffalo man who killed his former "girlfriend" was sentenced to 25 years in the New York prison system for killing her and dismembering her after she died. Tomell HaSidi killed LaQuiesta "Pinky" Brown, his "girlfriend" after she found out his true character as a criminal. After killing Brown and cutting her body into pieces, HaSidi told police that his victim was killed accidentally during an argument.
Prosecutor Thomas M. Finnerty said HaSidi had initially told police he accidentally killed Brown during an argument after she broke off their engagement and ordered him to move out of her family's home. Members of the Buffalo Police Underwater Recovery Team searched the channel after authorities at the nearby Peace Bridge reported that surveillance cameras had recorded suspicious activity there.
The judge lauded Buffalo police homicide detectives for tracing HaSidi's movements through the parole ankle bracelet he was wearing. At the time of her killing, Brown was working on a psychology degree at Erie Community College's North Campus in Amherst.
Brown met HaSidi while he was in prison of parole violations from forgery and grand larceny cases. Brown felt that by being there for him, and letting his move into her family's home, despite their concerns. She also cared for HaSidi after he was being treated for cancer.
The victim's father, Bernard Brown, said his daughter's killer's lack of remorse "showed what kind of a coward he is" and hoped that HaSidi is killed by the Aryan Nation in prison.
Prosecutor Thomas M. Finnerty said HaSidi had initially told police he accidentally killed Brown during an argument after she broke off their engagement and ordered him to move out of her family's home. Members of the Buffalo Police Underwater Recovery Team searched the channel after authorities at the nearby Peace Bridge reported that surveillance cameras had recorded suspicious activity there.
The judge lauded Buffalo police homicide detectives for tracing HaSidi's movements through the parole ankle bracelet he was wearing. At the time of her killing, Brown was working on a psychology degree at Erie Community College's North Campus in Amherst.
Brown met HaSidi while he was in prison of parole violations from forgery and grand larceny cases. Brown felt that by being there for him, and letting his move into her family's home, despite their concerns. She also cared for HaSidi after he was being treated for cancer.
The victim's father, Bernard Brown, said his daughter's killer's lack of remorse "showed what kind of a coward he is" and hoped that HaSidi is killed by the Aryan Nation in prison.
Friday, June 25, 2010
Ex-"boyfriend" sentenced to 15 years for attemped murder of woman outside mall
A man who stabbed his ex-"girlfriend" 5 times outside the Main Place Mall in downtown Buffalo, NY last year was sentenced to 15 years imprisonment by Erie County Judge Thomas P. Franczyk Tuesday, June 22. Jeffery Pearson, 51, stabbed "girlfriend" 48 year old Jean Cox on February 25, 2009 after an argument, presumably over her new boyfriend. According to Homicide Prosecutor Thomas M. Finnerty, only the actions of two bystanders prevented the attack from becoming a murder case.
He was found guilty by the judge after a two-day trial in April. Besides attempted murder, he was convicted of aggravated criminal contempt for violating a court order of protection that the victim had obtained against him before the attack and aggravated harassment for threatening telephone calls he kept making to her.
Pearson claimed that he "snapped," with Cox accidentally falling on his knife 5 times. The judge saw through that lie - people don't accidently fall on knives carried by others even once.
His lawyer, Louis P. Violanti, argued that the attack represented only “two minutes of [Pearson’s] life.” He also told the judge that his client, a reformed drug addict, is “an emotional man who suffers from depression and anxiety.”
Though Pearson apologized to Cox, who was in court for the sentencing, Pearson still tried to minimize responsibility, stating that the knife was intended for a suicide in front of the victim, not her attempted murder.
He was found guilty by the judge after a two-day trial in April. Besides attempted murder, he was convicted of aggravated criminal contempt for violating a court order of protection that the victim had obtained against him before the attack and aggravated harassment for threatening telephone calls he kept making to her.
Pearson claimed that he "snapped," with Cox accidentally falling on his knife 5 times. The judge saw through that lie - people don't accidently fall on knives carried by others even once.
His lawyer, Louis P. Violanti, argued that the attack represented only “two minutes of [Pearson’s] life.” He also told the judge that his client, a reformed drug addict, is “an emotional man who suffers from depression and anxiety.”
Though Pearson apologized to Cox, who was in court for the sentencing, Pearson still tried to minimize responsibility, stating that the knife was intended for a suicide in front of the victim, not her attempted murder.
Thursday, June 24, 2010
Long Island doctor convicted of voyeurism charges - faces 4 years in prison
A Long Island doctor has been convicted of using a hidden toliet camera against his patients and employees Monday, June 21. 54 year old Vincent Pacienza was found guilty in a Nassau County, NY courtroom of unlawful surveillance. Pacienza told his employees back in June 2008 that he would be installing an air purifier in the washroom which was shared by employees and patients, closing down the employee-only washroom.
However, that air purifier contained a hidden camera which faced the toilet (and the women using it). It was hooked up to a monitor hidden underneath Pacienza's desk. He was caught when one of the victims opened up office mail and saw the invoice for the air purifier with the hidden camera inside. Pacienza was arrested a bit later on.
While sentencing is set for July 31, Pacienza will face a decade on the New York sex offender registry, and disciplinary action against his medical license. Nassau County District Attorney Kathleen Rice said “This defendant completely betrayed the trust of his employees, many of whom worked him for many years.”
However, that air purifier contained a hidden camera which faced the toilet (and the women using it). It was hooked up to a monitor hidden underneath Pacienza's desk. He was caught when one of the victims opened up office mail and saw the invoice for the air purifier with the hidden camera inside. Pacienza was arrested a bit later on.
While sentencing is set for July 31, Pacienza will face a decade on the New York sex offender registry, and disciplinary action against his medical license. Nassau County District Attorney Kathleen Rice said “This defendant completely betrayed the trust of his employees, many of whom worked him for many years.”
Long Island man sentenced to 18 to life for wife's murder
A 31 year old Long Island, NY man who killed his wife by strangling her then pretended to look for her was sentenced to 18 years to life yesterday, June 23, with the presiding judge and prosecutor angling for the life sentence. Judge David Ayres said that the man, a "cold blooded murderer," should never get out of prison and that he recommended to the parole board that the killer never be released.
After an argument over his cheating, William Walsh strangled his wife, Leah Hirschel Walsh, in their Bethpage, NY apartment, early on October 26, 2008. After covering her body up with black trash bags, William went to the gym, laundromat, and McDonalds. When he returned home at 10 that night, he stuffed her body in the bags and drove her car to a wooded area off of the Long Island Expressway, and dumped her body there. He left her car on another expressway to make the murder look like a carjacking.
For two days, Walsh made impassioned public pleas for information on his wife’s whereabouts that were covered extensively by the local media. In several of his appearances, he stood with his in-laws in front of their Rockville Centre home. Police arrested him on Oct. 29, when his wife’s body was found. Walsh later confessed to her murder, and police said he gave them a written seven-page confession.
On May 20, Walsh plead guilty to 2nd degree murder, criminal posession of a weapon, and tampering with evidence.
In his victim’s impact statement, Howard Hirschel spoke of how hundreds of special-needs students would be deprived of his daughter's special gifts as a teacher. He spoke of the pain and anguish her family has suffered and said that Leah’s violent, brutal death and ultimate betrayal gave new meaning to the phrase "till death do us part.” Calling her murder cruel, cold and premeditated, Leah’s father said that Walsh had no sense of remorse. "His sole purpose was to save his own skin,” he said.
A statement from Leah's mother, read by Assistant District Attorney Michael Walsh, and one from her brother followed. In his statement, Josh Hirschel said that Walsh ran up debt in his sister’s name, and that when she had had enough of his drugs, gambling and infidelity, he decided to end her life. “The plea agreement is for 18 years to life,” he said, “and the emphasis should be on ‘life.’”
As for the defendant, his lawyer William Petrillo, of Rockville Centre said that contrary to reports, his client had shown emotion, and that the murder was not premeditated. Describing his client as sincere, he cited a probation report saying his client prays for his victim's family and will never find peace. William Walsh spoke, saying he was sorry for the pain he caused his wife's family.
Judge Ayres contrasted Walsh, who he considered to be a narcissistic and controlling killer, with the victim and her family. He acknowledged letters saying that Leah was a special education teacher with much more to give. But for Walsh, Judge Ayres offered only denunciation, saying that "The physical violence you showed Leah,” Ayres said, “was echoed only by the cowardice you showed."
After the sentencing, Nassau County District Attorney Kathleen Rice said that “The fact that Walsh cruelly tortured the victim’s family in the days following her brutal murder with his deceitful lies just shows what a cold and merciless killer he is.”
Monday, June 21, 2010
Husband of postdoc student sentenced to 27 to life for murder, arson
His victim was Dr. Caroline Coffey, a postdoctoral student at the Cornell University College Of Veterinary Medicine. Her father, Michael Coffey, carried her ashes into the courtroom for the sentencing, urging her killer to look at them."Today, it's about Caroline. In this green casket lies her remains. We thought it would be appropriate for this convicted murderer to see what is left of his beautiful wife. That's all there is."
"My wife and I have cried every day since she was murdered, and who knows if that will ever end," he said. Kot — their son-in-law — murdered Caroline 54 weeks ago, and they carried the "deeply horrifying details" about him during his trial, which lasted three weeks and two days, he recalled. No one should have to undergo such an ordeal, he stressed.
"The trial was an additional tragedy, all by itself," Michael said, adding that [defense attorney Joe] Joch and defense psychiatrist Dr. Rory Houghtalen -- whom he called a "hired-gun psychiatrist" -- had created an imaginary scenario to support Kot's defense. They had accepted Kot as their own son, and he never showed any hint of an extreme emotional disturbance, he said.
Kot has an "unexplained high opinion of his own abilities," felt he was smarter than Caroline, disliked his advisers, and looked down on his fellow students, Michael said. On the trial's second day, he and his wife, Patricia, met with Kot's parents, who told them they had learned on the Internet that Kot had admitted to killing Caroline. This is more evidence of Kot's disrespect and apathy toward others, he said.
Assistant District Attorney Andrew McElwee said that "In talking with some of her advisers, there appeared to be no ceiling on the contributions she may have made to the fields of science, research and biology," McElwee said. "We don't know what sort of a loss that will be to humanity, entirely, and we'll never know." McElwee also believed that Kot should reimburse Tompkins County for the cost of the trial, perhaps through patents he holds.
McElwell said that because of the brutality of the crime, the maximum sentence of 25 to life for 2nd degree murder was appropriate. "We're asking for the maximum sentence today. If a sentence of a maximum nature gives at least one person that's about to commit a crime like this pause, then that sentence is justified."
Judge John Rowley said that "The facts are just so disturbing, the images so powerful, the reality so harsh. I'm, of course, affected like everyone else is. I'm not to be overruled by that. The brutality of the death itself and the innocence of Dr. Coffey are just hard to accept."
Sunday, June 20, 2010
Man who faked cancer, stabbed "girlfriend" after she found out gets decades in prison
An Irish national who slew his "lover," a NYPD forensic investigator, was sentenced to 29 to 37 years in prison for her murder. The official charges McGurk plead guilty to were manslaughter and three counts of evidence tampering. Gary McGurk, the "boyfriend" of criminologist Michelle Lee, was sentenced June 16 by Queens Supreme Court Justice Gregory Lasak, who indicated he would have sentenced the murderer to life if he hadn't plead guilty. "This makes no sense at all. You deserve a life sentence, Mr. McGurk. You know that," Judge Lasak said.
In April 2009, Lee was bashed 4 times with a hammer, stabbed in the neck, and burned with an iron before McGurk left her nude body on her bed for police to find, with the knife still in his victim's neck. Prosecutors believe that the motive for the attack was anger over not getting any more money from Lee, who he tricked into believing had cancer. Lee had gave McGurk thousands for "treatment," for "cancer" which McGurk claimed spread to his kidney, liver, and lungs.
"I'm not ready to lose Gary," Lee wrote in an entry read by Queens Assistant District Attorney Charles Testagrossa. "I'm just trying to figure out the right time to tell him I love him. I truly do...He's so brave. I can't stop crying. I love him so much. I wish he would get better. I wish I could hold onto him forever."
The couple met in 2004 at CUNY John Jay college. Lee was 24 when she was killed.
At the sentencing, McGurk said that "I hope that in the years to come God will help you through this. Michelle is safe with him now. I don't ask for forgiveness because I don't deserve it. I will meet my maker one day and receive my punishment that day as I receive my punishment today. I can only hope the years to come will be easier. May she rest in peace."
Saturday, May 1, 2010
"Boyfriend" sentenced to 25 years for slaying of woman in NYU apartment
A man who choked his girlfriend to death inside her mother's apartment was sentenced to 25 years for 1st degree manslaughter Wednesday in a Manhattan courtroom. Michael Cordero plead guilty to 1st degree manslaughter in a Manhattan courtroom for the chance to avoid life behind bars.
Mr. Cordero, 26, pleaded guilty last month to manslaughter for the 2007 killing of Boitumelo McCallum, the daughter of two New York University professors. In exchange for his guilty plea, Mr. Cordero was promised a 25-year sentence.
The killing took place early Wednesday, August 1, 2007, at her mother's NYU owned apartment in Greenwich Village. Cordero was angry that his victim threw a bash inside the apartment without inviting him, and choked her to death so hard that her nose bled. After the slaying, Cordero wrapped a bloody towel around her head and wrapped it in bedsheets, which he stuffed between the bed and the wall of the apartment. On Sunday, August 5, tenants who sublet the apartment from the victim's parents found "Tumi's" rotting body and called police.
Justice Bonnie G. Wittner of State Supreme Court in Manhattan had said that she would not have accepted the plea deal without the parents’ consent. Ms. McCallum’s parents, Teboho Moja and Robert McCallum, did accept the deal, but they still had words that were both touching and harsh.
The victim's father said, "You made the relationship about power and domination, rather than about love and compassion. That is why Tumi was trying to move away from you. Tumi was scared of you. I tried as much as I could to protect her, but you did everything behind my back and that of our family to get to her one final time.”
The victim's mother also had a statement read for her by Manhattan Assistant District attorney Martha Bashford. “You barehandedly killed my child. Your hands are stained forever with her blood.”
"Michael Cordero added insult to injury by making us bury our loved one in unrecognizable image. Her decomposed body is buried and memories of her charming smile live in our hearts. Her infectious laughter and her voice calling out ‘mummy’ still rings in my ears.”
[Neighbors knew] McCallum as the bubbly daughter of the two professors. Her mother, Teboho Moja, is a professor at NYU's Steinhardt School of Education.
Moja was part of the board of UNESCO's Institute for International Education Planning, appointed by then-South African President Nelson Mandela to draw up higher education reforms for the country.
The slain woman's father, Robert McCallum, is an adjunct professor in art education at NYU. "She was a regular girl, a pretty girl, a typical college student," said Dan Lee, a filmmaker who lived down the hall. "She wasn't edgy. She's not the type of girl who would get into trouble."
McCallum graduated from the Beacon School, a selective public school in Manhattan, in 2005 and attended Mills College in Oakland, Calif., for two semesters. But she had not returned to the college since finishing spring semester in 2006.
A native of South Africa, she moved to the city with her parents as a young child and while in high school worked for two years at the American Museum of Natural History learning how to isolate, amplify, sequence and edit DNA.
"She didn't have a green card and neither did I. We bonded over that in the lab," said her pal Bernard Laszczower, 19.
Cordero, in court, said that "Just living without her is a fate worse than death - or imprisonment," he said. "I know what I did was wrong. ... It was just something that happened." However, the victim's parents said his "apology" statement was just another self serving ploy designed to shift blame and minimize the impact of his crime. McCallum said that "In the time that I've known him, he's always had an excuse for his behavior. One wants to be compassionate, but I'm sorry I couldn't be."
Moja said, He said, 'I'll die from loneliness.' We're all going to miss her. What about us? We weren't a part of his equation. If he can't have her, nobody else should have her - not another guy, not his family. I feel like I've seen him for the last time, and I want to keep it that way. Looking in the face of a killer is something that I cannot explain."
Mr. Cordero, 26, pleaded guilty last month to manslaughter for the 2007 killing of Boitumelo McCallum, the daughter of two New York University professors. In exchange for his guilty plea, Mr. Cordero was promised a 25-year sentence.
The killing took place early Wednesday, August 1, 2007, at her mother's NYU owned apartment in Greenwich Village. Cordero was angry that his victim threw a bash inside the apartment without inviting him, and choked her to death so hard that her nose bled. After the slaying, Cordero wrapped a bloody towel around her head and wrapped it in bedsheets, which he stuffed between the bed and the wall of the apartment. On Sunday, August 5, tenants who sublet the apartment from the victim's parents found "Tumi's" rotting body and called police.
Justice Bonnie G. Wittner of State Supreme Court in Manhattan had said that she would not have accepted the plea deal without the parents’ consent. Ms. McCallum’s parents, Teboho Moja and Robert McCallum, did accept the deal, but they still had words that were both touching and harsh.
The victim's father said, "You made the relationship about power and domination, rather than about love and compassion. That is why Tumi was trying to move away from you. Tumi was scared of you. I tried as much as I could to protect her, but you did everything behind my back and that of our family to get to her one final time.”
The victim's mother also had a statement read for her by Manhattan Assistant District attorney Martha Bashford. “You barehandedly killed my child. Your hands are stained forever with her blood.”
"Michael Cordero added insult to injury by making us bury our loved one in unrecognizable image. Her decomposed body is buried and memories of her charming smile live in our hearts. Her infectious laughter and her voice calling out ‘mummy’ still rings in my ears.”
[Neighbors knew] McCallum as the bubbly daughter of the two professors. Her mother, Teboho Moja, is a professor at NYU's Steinhardt School of Education.
Moja was part of the board of UNESCO's Institute for International Education Planning, appointed by then-South African President Nelson Mandela to draw up higher education reforms for the country.
The slain woman's father, Robert McCallum, is an adjunct professor in art education at NYU. "She was a regular girl, a pretty girl, a typical college student," said Dan Lee, a filmmaker who lived down the hall. "She wasn't edgy. She's not the type of girl who would get into trouble."
McCallum graduated from the Beacon School, a selective public school in Manhattan, in 2005 and attended Mills College in Oakland, Calif., for two semesters. But she had not returned to the college since finishing spring semester in 2006.
A native of South Africa, she moved to the city with her parents as a young child and while in high school worked for two years at the American Museum of Natural History learning how to isolate, amplify, sequence and edit DNA.
"She didn't have a green card and neither did I. We bonded over that in the lab," said her pal Bernard Laszczower, 19.
Cordero, in court, said that "Just living without her is a fate worse than death - or imprisonment," he said. "I know what I did was wrong. ... It was just something that happened." However, the victim's parents said his "apology" statement was just another self serving ploy designed to shift blame and minimize the impact of his crime. McCallum said that "In the time that I've known him, he's always had an excuse for his behavior. One wants to be compassionate, but I'm sorry I couldn't be."
Moja said, He said, 'I'll die from loneliness.' We're all going to miss her. What about us? We weren't a part of his equation. If he can't have her, nobody else should have her - not another guy, not his family. I feel like I've seen him for the last time, and I want to keep it that way. Looking in the face of a killer is something that I cannot explain."
Monday, April 26, 2010
Remains of 25 year old Brooklyn woman missing since December 2008 found- repeat sex offender suspected
A high ranking New York City MTA assistant police chief’s son, sandwich shop owner, and registered SO was arrested yesterday on suspicion of the kidnapping (and presumably rape and murder) of a 25 year old aspiring dancer from McAllen, TX after her disappearance a week ago today.
According to her family, 25 year old Laura Garza, shoe store worker and recent transplant to New York from Texas, Garza fell in love with NYC after a trip there earlier this year, and saw an opportunity to engage in two of her passions – designing and dance.
Garza's cousin, Isela Villalobos, told WNBC Monday from Mission, Texas, that Garza loved New York after moving there from McAllen. “She went there for a vacation this year and she came back and told her mother she was moving,” Villalobos said. “She loved fashion and she loved the dance, and where else but New York do you go for that?”
As the search for Garza continues, all her friends and family can do is hope and pray that she is found alive.
Garza’s aunt, Elma Esquivel, sat with other family members in their home in Texas, holding pictures of the missing woman and weeping. “He knows where she is,” she said of Mele. “How come he don't tell us where she is?”
“If you guys see her, please call the police and let the authorities know that you've seen her or try to help her out,” her friend Christy Torres told NBC News. “We really want her to come home. We want her to be safe.”
Unfortunately, it is probably too late, as Garza crossed paths with 23 year old Michael Melo, the Newburgh, NY area sex offender with a history of exposing himself to women, and either forcing sex on them, or jacking off in front of them.
Melo had been charged, then convicted of shopping mall parking lot sexual assaults in New Jersey, where he would run up to women, jack off in front of them, leaving semen on his victim’s clothing. One of the New Jersey victims was a 16 year old girl. These offenses were plead down to child endangerment and forcible touching, and Melo was sentenced to 6 years probation.
Garza was picked up at a Manhattan club a week ago today at 4 AM by Melo and another man, after going out with a friend, something that profiler Clint Van Zandt says protects from sexual predation of adults:
Garza came to the bar with a friend, but she left her friend to be with a man she had just met, someone she otherwise knew nothing about. As Tom Cruise's character learned in the movie "Top Gun," you never leave your wingman, the person who would have your best interest at heart, a lesson also learned by 18-year-old Natalee Holloway in Aruba and Imette St. Guillen, the 24-year-old criminal justice graduate student who in early 2006, made a fatal error in judgment; she too trusted the wrong man.
After the other man left, Garza was left alone with Melo, who was the last person who saw her alive. They went to Melo’s hometown of Newburgh, and that’s where the last reports of her alive were made. Though she hasn’t been found, profiler Clint van Zandt lays out his belief that Garza is probably dead, using available police evidence:
When Garza was reported as missing, the police quickly went looking for Mele. When they found him he had scratches on his neck, bite marks on his hands, and had allegedly scrubbed his car and apartment with bleach, this with the assistance of his unknowing girlfriend. He also cut out a large piece of his carpet, indicating that he had accidentally spilled bleach on it, a piece large enough to wrap around the body of a 5’2”, 120 lb. woman like Garza. Witnesses indicate Mele frantically cleaned and vacuumed his car and apartment the morning of Garza’s disappearance, eventually disposing of the vacuum cleaner, one that could contain physical evidence related to the missing woman.
In their search for Garza, police have found a machete, a woman’s shoe and other items of clothing that could be related to the victim, some of which were recovered from a nearby dumpster he was seen going through. Evidence of blood was found in Mele’s SUV, one he had parked at his parent’s home, and blood was also found by police in his apartment.
DNA should quickly tell police if the blood and other physical evidence confirm what investigators believe, that Mele took Garza to his apartment where he may have assaulted and murdered her, then took her remains to a yet to be discovered body disposal site. Should this be the case, investigators will attempt to determine where he car was the morning of Garza's disappearance and where a man in panic would go to dispose of a body.
Divers are in the pond behind his apartment in case he chose a close by site. Although now in police custody for violation of his probation, he is represented by counsel and is not discussing his role in the disappearance and possible death of Garza. I have no doubt that other young girls and women, after seeing Mele's photo and reading about his actions, will come forward to identify him as their previously unidentified assailant. Too late, I fear, for Laura Garza.
Melo was arrested yesterday and held on $50,000 bond by Rockland County police for parole violations, including skipping three sex offender classes, hanging out at bars, failing to met with his PO, and moving to his own apartment from his parents’ home. At least 10 other women have reported various sexual violations by Melo, and officials suspect that the number of victims is much higher.
Besides Paramus, NJ police officials, other law enforcement officers have investigated Melo. Police Detective William Fritz became interested in Melo 2 years ago after complaints of sexual aggression against young women. “His behavior can be described like a predator,” Fritz said.
When minors are kidnapped by sex offenders, most of the time, the first 72 hours are the most critical (and this is the reason why Amber Alerts are issued). If a victim has not been found in the first three days alive, they probably won’t be. There is no reason to doubt this applies to adult victims as well as child victims. However, Garza’s Texas family, including her aunt Elma Esquivel, are holding out hope that for one young woman, things might turn out differently.
“He knows where she is. How come he don't tell us where she is?”
(Update 4-26-10) Laura Garza's body was found in Pennsylvania. Her remains were discovered by two ATV riders in a field April 11 in Olyphant Township, PA, near Scranton.
By April 13, Pennsylvania investigators determined the remains didn’t belong to a missing person in that state’s database. They notified state police in New York, and that led investigators to travel to Pennsylvania and obtain sample to use for the DNA tests.
New York State Police Capt. Wayne Olson said that “That DNA evidence has concluded that the remains are definitely those of Laura Garza...We’ve got a lot of legwork to do here.” Convicted sex offender Richard Mele is still the only suspect in her murder. "Michael Mele has never been cooperative in this investigation," Olson said.
Miss Garza's remains and a Michael Kors wristwatch were found in a remote wooded area more than a half-mile from the nearest home. Two days after the discovery, investigators in Pennsylvania contacted state police in Middletown, N.Y., to see if the remains could belong to Miss Garza.
Now that the remains have been identified, both New York and Pennsylvania investigators will begin trying to determine the circumstances surrounding Miss Garza's death. For now, New York investigators have taken the lead in the investigation, though Lackawanna County District Attorney Andy Jarbola said his office, the state police and the county coroner's office are still involved in the investigation.
"New York authorities have jurisdiction," he said. "It is possible she was killed here, but I believe the evidence will dictate otherwise." He declined to elaborate.
Lt. Pierce Gallagher said officials plan to interview residents in the Olyphant area regarding possible recollections of suspicious activity around the time of Garza's disappearence and death.
Thursday, February 11, 2010
NY state legislator convicted of misdemeanor assault of girlfriend - sentenced to 3 years probation, expelled from NY Senate
(Original Post 10-17-09)
A prominent New York politician escaped a felony conviction Thursday, October 15 for beating his girlfriend, 30 year old Karla Girardo. However, it seems like 42 year old New York State Senator Hiram Monserratte won't be entirely in the clear. There are already calls for the Democratic Senator representing the Elmhurst neighborhood of Queens to be ousted. Felony convictions automatically lead to dismissal from the New York lesiglature, but not misdemeanors.
Addressing a crowded and tense courtroom, Erlbaum said that Monserrate was guilty only of shoving around Giraldo - an attack captured on tape and played in court.
"Only two people" know for sure what happened inside Monserrate's apartment on Dec. 19, 2008, when Giraldo's face was cut, the judge said.
Erlbaum said he could not say for sure if Giraldo was lying, as prosecutors contended. "Can one know she's not being forgiving or that she's not being compassionate?" he said. "One can't know that." Erlbaum concluded, "Proof beyond a reasonable doubt is lacking."
"Yes!" a Monserrate supporter yelled after Monserrate skated on the most serious charges.
Those charges come from an incident in which the state senator from Queens allegedly pushed around Giraldo and cut her face up with a piece of broken glass. The misdemeanor assault charges the politician was found guilty on stemmed from a scuffle in front of security cameras. Queens DA Richard Brown had no problems with the conviction on lesser charges, stating that the verdict (and surveillance camera) showed that "the defendant physically abused his victim."
Though the misdemeanor conviction calls for a sentence of up to a year in jail, Monserrate will probably get probation, according to his attorney Joe Tacopina. "On a reckless misdemeanor, first offense, he won't go to jail," Tacopina said.
Politicians from both sides of the aisle, as well as leaders of the New York chapter of NOW, are demanding Montserrate's resignation, even though the resignation could cost NY Democrats there slim majority in the NY Senate.
According to state senator Martin Golden (R-Brooklyn), the conviction meant that "ouster is an option . . . it should be seriously considered. It's an assault against a woman. I would hope he would just step aside and move on, but I know better. He ain't going anywhere."
"I was praying that [expletive deleted] would get convicted and he would be gone," said an anonymous Democratic politician. A second senator stated that "a lot of people want to oust him. As the days go by, I think most people will (agree) that we should get rid of the guy. This is not a guy who most of his colleagues want to see back."
Marcia Pappas, president of New York NOW, said "The man is violent. If the Democratic leadership took some kind of action it would certainly send a strong message to women around the state that they are serious about protecting women."
New York Daily News columnist Joanna Molloy has her own take on this incident.
Amazingly, according to Tacopina, "She loves him, as she testified in court. As he said yesterday, he loves her...And they're looking to get back together and resume their marriage...uh, relationship."
To which GDNY (Good Day New York) anchor Rosanna Scotto said, "Will they get married?" and Tacopina replied, "Maybe I said marriage, maybe I let the cat out of the bag, but that's where it's heading."
A few of Monserrate's constituents were also taken aback by the verdict. One woman said, "How do you accidentally smack her with a bottle? I think he did it and she’s afraid. He should be in jail," while a man who previously voted for Monserrate but won't do so again told the NY Times, "He’s a lucky man. Any normal person would be locked up for years. Domestic violence. Guaranteed. You don’t hit a woman. You love a woman."
Monseratte faces up to a year in jail at his sentencing December 4.
(Update 12-5-09) Monserrate was sentenced to 3 years probation, a $1000 fine, 250 hours of community service, and domestic violence counseling for the attach on Giraldo yesterday. He said before Judge Erlbaum that "I am here because of my own actions . . . I am so sorry for the harm Karla Giraldo endured and suffered...It's very difficult, your honor, not to be with her. She deserves happiness, nothing but good."
Giraldo said in Spanish that "I don't need an order of protection. I want to be with him. I want to continue my normal life," Giraldo, 30, told the judge in Spanish. "Before this we had plans. We would like to get married."
Judge Erlbaum, to his credit, recognized that Giraldo was still under the thrall of her abuser, so he continued the protection order barring Monserrate from seeing her. "I am loath to say you can't be together. But a promise alone that Mr. Monserrate will respect her autonomy is a far cry from remedying the green-eyed monster of jealousy. I hope the time will come that Karla Giraldo will have the self-respect to stop acting like a slave."
Giraldo's lawyer hopes that the protection order is lifted. The New York Senate's Special Committee of Inquiry will decide whether to expel him later this month.
(Update 2-11-10) On Tuesday night, Monserrate was expelled from the New York State Senate by a 53-8 vote. This was the first expulsion from the NY Senate since 1861. All 30 Republicans and 23 Democrats voted for expulsion, with Governor David Patterson announcing a special election for March 16.
Monserrate said that his expulsion was unwarranted because others expelled from the New York Senate committed other, more serious violations.
Make no mistake about it, this is an effort by some in this body to publicly demonstrate that it is going to expiate all of its sins, and Hiram Monserrate is the perfect scapegoat for your absolution...[I] have also seen a long list of others who were convicted or plead to misdemeanors; many negotiated these pleas to avoid felony convictions. And in all that time no one stood up to say, ‘enough’s enough,’ even when the behavior became common knowledge .
Yet with all of this history of corrupt and suspect behavior, no senator has ever been forced to face the prospect of expulsion until now...Let me remind everyone that a new election cycle is right around the corner,” he said “If my sins are of such magnitude that the voters of the 13th Senatorial District feel that they can no longer support my continued service-then so be it. It should be up to them to expel me, if they should so decide, but not up to this body.”
Major state newspapers applauded the decision. So did the president of New York NOW, Marcia Pappas, who said, "Anything less than expulsion was not acceptable. Any form of violence against women is not acceptable."
A prominent New York politician escaped a felony conviction Thursday, October 15 for beating his girlfriend, 30 year old Karla Girardo. However, it seems like 42 year old New York State Senator Hiram Monserratte won't be entirely in the clear. There are already calls for the Democratic Senator representing the Elmhurst neighborhood of Queens to be ousted. Felony convictions automatically lead to dismissal from the New York lesiglature, but not misdemeanors.
Addressing a crowded and tense courtroom, Erlbaum said that Monserrate was guilty only of shoving around Giraldo - an attack captured on tape and played in court.
"Only two people" know for sure what happened inside Monserrate's apartment on Dec. 19, 2008, when Giraldo's face was cut, the judge said.
Erlbaum said he could not say for sure if Giraldo was lying, as prosecutors contended. "Can one know she's not being forgiving or that she's not being compassionate?" he said. "One can't know that." Erlbaum concluded, "Proof beyond a reasonable doubt is lacking."
"Yes!" a Monserrate supporter yelled after Monserrate skated on the most serious charges.
Those charges come from an incident in which the state senator from Queens allegedly pushed around Giraldo and cut her face up with a piece of broken glass. The misdemeanor assault charges the politician was found guilty on stemmed from a scuffle in front of security cameras. Queens DA Richard Brown had no problems with the conviction on lesser charges, stating that the verdict (and surveillance camera) showed that "the defendant physically abused his victim."
Though the misdemeanor conviction calls for a sentence of up to a year in jail, Monserrate will probably get probation, according to his attorney Joe Tacopina. "On a reckless misdemeanor, first offense, he won't go to jail," Tacopina said.
Politicians from both sides of the aisle, as well as leaders of the New York chapter of NOW, are demanding Montserrate's resignation, even though the resignation could cost NY Democrats there slim majority in the NY Senate.
According to state senator Martin Golden (R-Brooklyn), the conviction meant that "ouster is an option . . . it should be seriously considered. It's an assault against a woman. I would hope he would just step aside and move on, but I know better. He ain't going anywhere."
"I was praying that [expletive deleted] would get convicted and he would be gone," said an anonymous Democratic politician. A second senator stated that "a lot of people want to oust him. As the days go by, I think most people will (agree) that we should get rid of the guy. This is not a guy who most of his colleagues want to see back."
Marcia Pappas, president of New York NOW, said "The man is violent. If the Democratic leadership took some kind of action it would certainly send a strong message to women around the state that they are serious about protecting women."
New York Daily News columnist Joanna Molloy has her own take on this incident.
Amazingly, according to Tacopina, "She loves him, as she testified in court. As he said yesterday, he loves her...And they're looking to get back together and resume their marriage...uh, relationship."
To which GDNY (Good Day New York) anchor Rosanna Scotto said, "Will they get married?" and Tacopina replied, "Maybe I said marriage, maybe I let the cat out of the bag, but that's where it's heading."
A few of Monserrate's constituents were also taken aback by the verdict. One woman said, "How do you accidentally smack her with a bottle? I think he did it and she’s afraid. He should be in jail," while a man who previously voted for Monserrate but won't do so again told the NY Times, "He’s a lucky man. Any normal person would be locked up for years. Domestic violence. Guaranteed. You don’t hit a woman. You love a woman."
Monseratte faces up to a year in jail at his sentencing December 4.
(Update 12-5-09) Monserrate was sentenced to 3 years probation, a $1000 fine, 250 hours of community service, and domestic violence counseling for the attach on Giraldo yesterday. He said before Judge Erlbaum that "I am here because of my own actions . . . I am so sorry for the harm Karla Giraldo endured and suffered...It's very difficult, your honor, not to be with her. She deserves happiness, nothing but good."
Giraldo said in Spanish that "I don't need an order of protection. I want to be with him. I want to continue my normal life," Giraldo, 30, told the judge in Spanish. "Before this we had plans. We would like to get married."
Judge Erlbaum, to his credit, recognized that Giraldo was still under the thrall of her abuser, so he continued the protection order barring Monserrate from seeing her. "I am loath to say you can't be together. But a promise alone that Mr. Monserrate will respect her autonomy is a far cry from remedying the green-eyed monster of jealousy. I hope the time will come that Karla Giraldo will have the self-respect to stop acting like a slave."
Giraldo's lawyer hopes that the protection order is lifted. The New York Senate's Special Committee of Inquiry will decide whether to expel him later this month.
(Update 2-11-10) On Tuesday night, Monserrate was expelled from the New York State Senate by a 53-8 vote. This was the first expulsion from the NY Senate since 1861. All 30 Republicans and 23 Democrats voted for expulsion, with Governor David Patterson announcing a special election for March 16.
Monserrate said that his expulsion was unwarranted because others expelled from the New York Senate committed other, more serious violations.
Make no mistake about it, this is an effort by some in this body to publicly demonstrate that it is going to expiate all of its sins, and Hiram Monserrate is the perfect scapegoat for your absolution...[I] have also seen a long list of others who were convicted or plead to misdemeanors; many negotiated these pleas to avoid felony convictions. And in all that time no one stood up to say, ‘enough’s enough,’ even when the behavior became common knowledge .
Yet with all of this history of corrupt and suspect behavior, no senator has ever been forced to face the prospect of expulsion until now...Let me remind everyone that a new election cycle is right around the corner,” he said “If my sins are of such magnitude that the voters of the 13th Senatorial District feel that they can no longer support my continued service-then so be it. It should be up to them to expel me, if they should so decide, but not up to this body.”
Major state newspapers applauded the decision. So did the president of New York NOW, Marcia Pappas, who said, "Anything less than expulsion was not acceptable. Any form of violence against women is not acceptable."
Queens, NY pimp sentenced to 25 to life for sexual slavery of woman
A Queens pimp who forced a 19 year old woman into prostitution was sentenced to 25 years to life in prison yesterday for coercing a 19 year old homeless, vulnerable woman into sexual slavery. 32 year old David Brown "paid" $2000 for the victim, who he took nude photos of, pimped her online, and made between $60 and $200 off of her while she was forced to have sex with 30 men over 12 days in August 2008.
He weas the 1st person charged under New York's sex trafficing law, enacted by former governor Eliot Spitzer in 2007. Brown was convicted of that charge, along with kidnapping and other charges.
Sentencing judge, Queens Supreme Court Justice Michael Aloise, told Brown. "You are a con man of the first order. I'm going to do my best to insure that you never see the light of day again."
Brown blamed his ex-"girlfriend" for his predicament.
I did not do the crime," Brown said. "This was straight jealousy from an old girlfriend that I left. I never touched [the victim]. I never kidnapped her."
He weas the 1st person charged under New York's sex trafficing law, enacted by former governor Eliot Spitzer in 2007. Brown was convicted of that charge, along with kidnapping and other charges.
Sentencing judge, Queens Supreme Court Justice Michael Aloise, told Brown. "You are a con man of the first order. I'm going to do my best to insure that you never see the light of day again."
Brown blamed his ex-"girlfriend" for his predicament.
I did not do the crime," Brown said. "This was straight jealousy from an old girlfriend that I left. I never touched [the victim]. I never kidnapped her."
Wednesday, December 16, 2009
Buffalo, NY murderer, rapist sentenced to 40 to life
New York State Supreme Court Justice M. William Boller sentenced a murderer and rapist to a 40 years to life sentence Friday, December 11, saying that the attacker would have been condemmed if he had struck in either Texas of Florida.
[46 year old Earl Gill] pleaded guilty Nov. 5 to second-degree murder for the death of Johnson and first-degree rape for attacking a 46-year-old woman in the Travelers Lodge on Main Street on Jan. 8, 2006, punching her in the face when she resisted his advances.
Carter told the judge that if she is alive in 40 years when Gill comes up for parole, she will vigorously oppose his release. Gill, Carter said, "doesn't deserve to ever see freedom."
Gill's lawyer, Kevin W. Spitler, said Gill is "remorseful [and] accepts responsibility" for "his inability to control his addiction to drugs," his motive for the break-in.
After the victim awoke to discover Gill ransacking her house, she was sexually assaulted and choked — a plastic bag affixed over her face with duct tape to ensure her death.
Gill, who had been in custody since his arrest February 18, served two previous stints in the New York prison system. The terms were 3 years between 1987 & 1990 for a sex abuse conviction, and a decade between 1994 and 2004 for a burglary conviction.
[46 year old Earl Gill] pleaded guilty Nov. 5 to second-degree murder for the death of Johnson and first-degree rape for attacking a 46-year-old woman in the Travelers Lodge on Main Street on Jan. 8, 2006, punching her in the face when she resisted his advances.
Carter told the judge that if she is alive in 40 years when Gill comes up for parole, she will vigorously oppose his release. Gill, Carter said, "doesn't deserve to ever see freedom."
Gill's lawyer, Kevin W. Spitler, said Gill is "remorseful [and] accepts responsibility" for "his inability to control his addiction to drugs," his motive for the break-in.
After the victim awoke to discover Gill ransacking her house, she was sexually assaulted and choked — a plastic bag affixed over her face with duct tape to ensure her death.
Gill, who had been in custody since his arrest February 18, served two previous stints in the New York prison system. The terms were 3 years between 1987 & 1990 for a sex abuse conviction, and a decade between 1994 and 2004 for a burglary conviction.
Tuesday, December 1, 2009
Serial kidnapper of women sentenced to 25 years prison, 15 years post release supervision
A predator who attacked three women - 19, 22, and 29 - was sentenced to 25 years in prison and 15 years of post release supervision yesterday. He recieved a 25 year sentence for the rape of two women in Herkimer County Court today. Judge Patrick Kirk sentenced Lipiec for the kidnapping and unlawful imprisonment of the older two victims.
Because he said nothing at the sentencing, including comments which would indicate remorse, Judge Kirk said that “I’m disappointed that you’re not doing that, but I’m not really surprised,” only changing his tune after he officially signed the plea agreement papers.
Lipiec previously pleaded guilty to second-degree kidnapping in connection with a Feb. 7 incident in which he gave a 29-year-old woman a ride from Tom Cavallo’s Restaurant in New Hartford and wouldn’t let her leave his truck and residence.
Lipiec also once was charged with unlawful imprisonment for offering a 22-year-old Frankfort woman a ride home late at night in early March. When Lipiec attempted to handcuff the woman, she fought him off and was allowed to leave.
On Tuesday, Kirk additionally sentenced Lipiec to 1 to 3 years in prison for possessing a filed down plastic “shank,” or knife-like device, which he tried using to chip away the wall of his cell in an attempt to escape the Herkimer County jail, prosecutors said.
Herkimer County Assistant District Attorney Jeff Carpenter said that Lipiec, who he described as a predator, caused concern because he targeted three strangers. “Anybody who targets three individual strangers, and uses the methods that he did, causes grave concern for anyone in law enforcement and our community. We know of three victims, and that’s three too many.”
Judge Michael L. Dwyer of the Onieda County, NY court sentenced David Liplec, 42, to 25 years in prison and 15 years of post release supervision for the kidnapping and rape of the 19 year old victim yesterday. Unlike the Herkimer County victims, the 19 year old attended Lipiec's sentencing.
She accepted a ride home from Lipiec on the early morning hours of January 31, after she went out to a bowling alley with friends in South Utica, NY, when Lipiec tortured and raped her. Her victim impact statement is below.
"I’ve lost my sparkle, and my ability to shine,” the woman began as she recalled how her life has spiraled into paranoia and anxiety in the 10 months since she got into Lipiec’s truck at the parking lot behind Pin-O-Rama in South Utica.
“I no longer trust anyone,” she explained. “I constantly feel everyone is out there to get me.”
Suffering from post-traumatic stress, the woman has to look for intruders under every bed and behind every door whenever she gets home, she explained. She gets angry at her family when they leave her home alone, she said, and her long-term relationship with a boyfriend recently collapsed when the pressure to cope became too much to endure.
She feels there is nobody to help make her “sane” again, not even her own family, and nobody who can understand what it’s like to look in the mirror everyday and feel “dirty, broken and scarred,” the woman said. And some mornings she wakes up with bruises and cuts on her body that she unknowingly inflicted upon herself while she slept.
She can no longer listen to the happy, bubbly songs that remind her of the normal teenager she once was, she continued. Instead, she listens to hard, angry rock music because it makes her feel comforted knowing that she’s not alone in her suffering.
In closing, the victim said that what she had before the attack "was all wasted on a person who doesn’t even deserve a name or a place in society." The judge echoed those words as he said to Lipiec "I’m not going to waste any words on you,” as he felt the perp could not understand the true magnitude of his crime.
Because he said nothing at the sentencing, including comments which would indicate remorse, Judge Kirk said that “I’m disappointed that you’re not doing that, but I’m not really surprised,” only changing his tune after he officially signed the plea agreement papers.
Lipiec previously pleaded guilty to second-degree kidnapping in connection with a Feb. 7 incident in which he gave a 29-year-old woman a ride from Tom Cavallo’s Restaurant in New Hartford and wouldn’t let her leave his truck and residence.
Lipiec also once was charged with unlawful imprisonment for offering a 22-year-old Frankfort woman a ride home late at night in early March. When Lipiec attempted to handcuff the woman, she fought him off and was allowed to leave.
On Tuesday, Kirk additionally sentenced Lipiec to 1 to 3 years in prison for possessing a filed down plastic “shank,” or knife-like device, which he tried using to chip away the wall of his cell in an attempt to escape the Herkimer County jail, prosecutors said.
Herkimer County Assistant District Attorney Jeff Carpenter said that Lipiec, who he described as a predator, caused concern because he targeted three strangers. “Anybody who targets three individual strangers, and uses the methods that he did, causes grave concern for anyone in law enforcement and our community. We know of three victims, and that’s three too many.”
Judge Michael L. Dwyer of the Onieda County, NY court sentenced David Liplec, 42, to 25 years in prison and 15 years of post release supervision for the kidnapping and rape of the 19 year old victim yesterday. Unlike the Herkimer County victims, the 19 year old attended Lipiec's sentencing.
She accepted a ride home from Lipiec on the early morning hours of January 31, after she went out to a bowling alley with friends in South Utica, NY, when Lipiec tortured and raped her. Her victim impact statement is below.
"I’ve lost my sparkle, and my ability to shine,” the woman began as she recalled how her life has spiraled into paranoia and anxiety in the 10 months since she got into Lipiec’s truck at the parking lot behind Pin-O-Rama in South Utica.
“I no longer trust anyone,” she explained. “I constantly feel everyone is out there to get me.”
Suffering from post-traumatic stress, the woman has to look for intruders under every bed and behind every door whenever she gets home, she explained. She gets angry at her family when they leave her home alone, she said, and her long-term relationship with a boyfriend recently collapsed when the pressure to cope became too much to endure.
She feels there is nobody to help make her “sane” again, not even her own family, and nobody who can understand what it’s like to look in the mirror everyday and feel “dirty, broken and scarred,” the woman said. And some mornings she wakes up with bruises and cuts on her body that she unknowingly inflicted upon herself while she slept.
She can no longer listen to the happy, bubbly songs that remind her of the normal teenager she once was, she continued. Instead, she listens to hard, angry rock music because it makes her feel comforted knowing that she’s not alone in her suffering.
In closing, the victim said that what she had before the attack "was all wasted on a person who doesn’t even deserve a name or a place in society." The judge echoed those words as he said to Lipiec "I’m not going to waste any words on you,” as he felt the perp could not understand the true magnitude of his crime.
Sunday, November 29, 2009
In New York City, DV cases proceed without victims
By COLLEEN LONG (AP) – 15 hours ago
NEW YORK — Karla Giraldo's face required about 40 stitches after an incident with her boyfriend, a New York state senator. The wife of New York TV personality Dominic Carter had a swollen lip, cut ear, and bruised body after they argued over care for their child. In both cases, the women testified in court that their partners were not guilty.
Giraldo said it was an accident after initially telling doctors her boyfriend did it on purpose, according to testimony. Carter's wife, Marilyn, said it wasn't her husband, as she claimed on a 911 call, but rather a day laborer who hit her.
Their stories are not uncommon. Experts say most victims usually recant after reporting their partners committed the abuse. As a result, the majority of domestic violence cases nationwide are prosecuted without the victim's consent or participation.
Victims, who are nearly all women, are not required to "press charges" against their alleged abusers. Law enforcement officials make the decision based on circumstance, but they face legal hurdles when the victim won't testify. To deal with such an idiosyncratic crime, prosecutors have devised other ways to handle cases. As a result, so-called family justice centers are cropping up around the country, one-stop shopping for victims of domestic violence where they can find social, economic and legal support.
In New York City, Scott Kessler runs the Queens center that prosecutes about 6,000 cases a year, more notably the trial of State Sen. Hiram Monserrate, accused of slashing Giraldo's face in a jealous rage. Kessler argued Karla Giraldo initially told medical personnel it wasn't an accident, and then changed her story when she discovered he'd be arrested. Monserrate was acquitted of the more serious charges but convicted of a lesser charge for dragging Giraldo out the foyer of his apartment in a violent scene caught on video.
Giraldo was called as a witness, where she argued it was an accident and the district attorney's office was out to get Monserrate. It's nothing new for Kessler. "When you stand up on a domestic violence case, you pretty much stand alone," he said. On his turf, the most diverse county in the country, there are many patriarchal systems, and often times the victim's family won't encourage the victim to participate.
Kessler said because he knows women generally won't participate he employs evidence-based prosecution, like photos of the injuries taken by cameras stationed at police precincts, 911 calls delivered electronically to their office and domestic violence incident reports taken by police that use checklists to determine the woman's state.
"We anticipate," he said in his office, surrounded by blown-up photos of bruised and battered women. "And in a way, it takes the pressure off the victim because we can prosecute without them. Of course, it's best if they participate."
There are myriad reasons why victims don't want to move forward with criminal cases, or even report the crime to begin with. Most want the violence to stop, but they don't want the abuser to go to jail, said Bea Hanson, chief program officer for Safe Horizon, a large, nonprofit that offers a range of services for victims of domestic violence.
"Love. Financial dependence. He's a father figure for kids. So many women often think they still may be good father despite the abuse. There are a lot of reasons," she said. "Also there's a fear of retribution. Because most cases there isn't jail time," she said.
The idea behind the family justice center is to provide a network of support for the victim, who will, theoretically, feel comfortable enough at some point to hold their abuser accountable. Services are available in one location, from help with housing to job training, orders of protection and prosecutors working on cases. There are translators who speak hundreds of languages, and there's even a play room where children can go so they don't have to hear about the case.
The centers are run by the Mayor's Office to Combat Domestic Violence. Kessler's center opened in 2008. A center in Brooklyn opened in 2005 and prosecutes 9,000 cases annually, and one will be open in the Bronx in about six months. Tens of thousands of clients visit annually. Anyone can use the services, which are free.
"It's a holistic approach," said Wanda Lucibello, who heads the Brooklyn center. "About 60 percent of the people are there because the police have been called, and someone has been arrested. But others come just to get support and assistance."
The idea started about a decade ago, and there are now 55 centers nationwide, according to Casey Gwinn, president of National Family Justice Center Alliance. Gwinn started the first center, in San Diego, in 2002. Twenty-seven organizations came together to provide victim assistance, including social workers and childcare. Gwinn said while initially victims weren't willing to participate, the more support they have, the more the confidence they get.
"They recant often because they're scared and they have no other options," he said. "But if they have resources, they don't recant."
The majority of domestic violence cases are settled outside court, and sentences range from jail time to counseling and electronic monitoring. The recent high-profile trials in New York are not the norm.
NY1 newsman Dominic Carter was convicted of third-degree attempted assault on his wife Marilyn. He is planning to appeal. In his decision, Ramapo Town Justice Arnold Etelson said he found Marilyn Carter's revised story "nothing short of preposterous." His sentencing is set for Jan. 14 and he's taken a leave of absence from the network.
Monserrate will be sentenced Dec. 4. Judge William Erlbaum, ruling in a non-jury trial, said Giraldo's testimony carried more weight than that of the medical personnel, and it had to be taken at face value.
"There are two people who have actual knowledge about what happened in that apartment," Erlbaum said. "Can one know she's not being forgiving or that she's not being compassionate? One can't know that."
NEW YORK — Karla Giraldo's face required about 40 stitches after an incident with her boyfriend, a New York state senator. The wife of New York TV personality Dominic Carter had a swollen lip, cut ear, and bruised body after they argued over care for their child. In both cases, the women testified in court that their partners were not guilty.
Giraldo said it was an accident after initially telling doctors her boyfriend did it on purpose, according to testimony. Carter's wife, Marilyn, said it wasn't her husband, as she claimed on a 911 call, but rather a day laborer who hit her.
Their stories are not uncommon. Experts say most victims usually recant after reporting their partners committed the abuse. As a result, the majority of domestic violence cases nationwide are prosecuted without the victim's consent or participation.
Victims, who are nearly all women, are not required to "press charges" against their alleged abusers. Law enforcement officials make the decision based on circumstance, but they face legal hurdles when the victim won't testify. To deal with such an idiosyncratic crime, prosecutors have devised other ways to handle cases. As a result, so-called family justice centers are cropping up around the country, one-stop shopping for victims of domestic violence where they can find social, economic and legal support.
In New York City, Scott Kessler runs the Queens center that prosecutes about 6,000 cases a year, more notably the trial of State Sen. Hiram Monserrate, accused of slashing Giraldo's face in a jealous rage. Kessler argued Karla Giraldo initially told medical personnel it wasn't an accident, and then changed her story when she discovered he'd be arrested. Monserrate was acquitted of the more serious charges but convicted of a lesser charge for dragging Giraldo out the foyer of his apartment in a violent scene caught on video.
Giraldo was called as a witness, where she argued it was an accident and the district attorney's office was out to get Monserrate. It's nothing new for Kessler. "When you stand up on a domestic violence case, you pretty much stand alone," he said. On his turf, the most diverse county in the country, there are many patriarchal systems, and often times the victim's family won't encourage the victim to participate.
Kessler said because he knows women generally won't participate he employs evidence-based prosecution, like photos of the injuries taken by cameras stationed at police precincts, 911 calls delivered electronically to their office and domestic violence incident reports taken by police that use checklists to determine the woman's state.
"We anticipate," he said in his office, surrounded by blown-up photos of bruised and battered women. "And in a way, it takes the pressure off the victim because we can prosecute without them. Of course, it's best if they participate."
There are myriad reasons why victims don't want to move forward with criminal cases, or even report the crime to begin with. Most want the violence to stop, but they don't want the abuser to go to jail, said Bea Hanson, chief program officer for Safe Horizon, a large, nonprofit that offers a range of services for victims of domestic violence.
"Love. Financial dependence. He's a father figure for kids. So many women often think they still may be good father despite the abuse. There are a lot of reasons," she said. "Also there's a fear of retribution. Because most cases there isn't jail time," she said.
The idea behind the family justice center is to provide a network of support for the victim, who will, theoretically, feel comfortable enough at some point to hold their abuser accountable. Services are available in one location, from help with housing to job training, orders of protection and prosecutors working on cases. There are translators who speak hundreds of languages, and there's even a play room where children can go so they don't have to hear about the case.
The centers are run by the Mayor's Office to Combat Domestic Violence. Kessler's center opened in 2008. A center in Brooklyn opened in 2005 and prosecutes 9,000 cases annually, and one will be open in the Bronx in about six months. Tens of thousands of clients visit annually. Anyone can use the services, which are free.
"It's a holistic approach," said Wanda Lucibello, who heads the Brooklyn center. "About 60 percent of the people are there because the police have been called, and someone has been arrested. But others come just to get support and assistance."
The idea started about a decade ago, and there are now 55 centers nationwide, according to Casey Gwinn, president of National Family Justice Center Alliance. Gwinn started the first center, in San Diego, in 2002. Twenty-seven organizations came together to provide victim assistance, including social workers and childcare. Gwinn said while initially victims weren't willing to participate, the more support they have, the more the confidence they get.
"They recant often because they're scared and they have no other options," he said. "But if they have resources, they don't recant."
The majority of domestic violence cases are settled outside court, and sentences range from jail time to counseling and electronic monitoring. The recent high-profile trials in New York are not the norm.
NY1 newsman Dominic Carter was convicted of third-degree attempted assault on his wife Marilyn. He is planning to appeal. In his decision, Ramapo Town Justice Arnold Etelson said he found Marilyn Carter's revised story "nothing short of preposterous." His sentencing is set for Jan. 14 and he's taken a leave of absence from the network.
Monserrate will be sentenced Dec. 4. Judge William Erlbaum, ruling in a non-jury trial, said Giraldo's testimony carried more weight than that of the medical personnel, and it had to be taken at face value.
"There are two people who have actual knowledge about what happened in that apartment," Erlbaum said. "Can one know she's not being forgiving or that she's not being compassionate? One can't know that."
Tuesday, November 24, 2009
Lethal injection of "girlfriend" leads to 20 to life sentence
A Tonawanda, NY man who gave his "girlfriend" a lethal injection after a December 12, 2008 argument was sentenced to 20 to life on November 18. Julius C. Franquet, 42, plead guilty on October 7 to 2nd degree murder for the murder of 38 year old Ann Marie Paciorek, a medical researcher. State Supreme Court Justice Penny M. Wolfgang scolded Franquet after he said "let's get on with this" during his sentencing.
The judge pointed to the "valuable research" the victim likely would have accomplished. Paciorek was a researcher at the University at Buffalo's Toshiba Stroke Research Center and a graduate student at the school.
David G. Jay, Franquet's attorney, called the the case "is a double tragedy," noting Franquet also "had a future in" medicine had his drug addiction not "ruined his life." Jay told the judge Franquet "has taken responsibility" for his crimes.
Dr. Mark Paciorek, the victim's brother, spoke about the control that the perp had over hisyounger sister, and how the murder devastated the family, including the parents of the victim.
The judge pointed to the "valuable research" the victim likely would have accomplished. Paciorek was a researcher at the University at Buffalo's Toshiba Stroke Research Center and a graduate student at the school.
David G. Jay, Franquet's attorney, called the the case "is a double tragedy," noting Franquet also "had a future in" medicine had his drug addiction not "ruined his life." Jay told the judge Franquet "has taken responsibility" for his crimes.
Dr. Mark Paciorek, the victim's brother, spoke about the control that the perp had over hisyounger sister, and how the murder devastated the family, including the parents of the victim.
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