Monterey County, CA Judge Larry Hayes sentenced a mother and her "lover" to life without parole for kidnapping and killing the woman's husband. Marisela Zarate Andrade, 33, and Sergio de la Cruz, 34, were sentenced to life without parole Tuesday, September 14 for the murder of Jose "Nicco" Zarate of Wasco, CA. Zarate was kidnapped April 11, 2008 from his home and his body was found three days later in the trunk of a Ford Escort near Gonzales, CA vineyard with his hands and feet bound with duct tape, shot between the eyes.
The evidence which convicted the two was collected by Monterey County Sheriff's detective Brett Speirs. These included text messages which spoke of how Marisela and De La Cruz intended to kidnap and kill Jose. Marisela would drug her husband's coffee with chloroform, then De La Cruz and another man would kidnap Jose from his Wasco home. After killing Jose, Marisela wanted De La Cruz to behead her husband to make sure "the rat (is) very dead." The pistol used to kill Jose was recovered in San Francicso during a drug raid.
She gave police different statements about the last time she saw him. When confronted with the text messages, she admitted she participated in the plan to have her husband abducted, but insisted she only wanted him beaten up, a claim she maintained at trial.
Noting that he had received a letter from Zarate Andrade prior to sentencing, Hayes said Tuesday the woman was in denial. He said the length of time the two spent planning the murder, and the content of the text messages, showed the extent of the cruelty they intended to inflict on the victim.
Judge Hayes said,"In some ways you are both very lucky the DA did not choose to (seek) the death penalty in this case. That's how atrocious this murder was." Prosecutor David Gross could have sought the death penalty because Zarate's murder occurred duing the course of a kidnapping.
Besides the life without parole sentenced, Judge Hayes sentenced Marisela to an additional 8 years for kidnapping and De La Cruz to an additional 33 to life for kidnapping and executing the victim. Hayes stayed both sentences. The victim's family attended the sentencing.
Thursday, September 16, 2010
Woman who allegedly staged shotgun murder of husband charged
A Minnesota woman who claimed that intruders killed her husband was charged with 2nd degree murder in Blue Earth County, MN on September 10. 26 year old James Nibbe was found shot to death early the morning of August 31 in his Lake Crystal, MN home. Jennifer claimed a masked intruder took James' shotgun, killed him, then fled on foot. Police poked holes in the story after learning that there were no footprints out of the house and that the Labrador the couple owned had stayed asleep during the killing.
Charges cite journal entries by Jennifer Nibbe that chronicle her dissatisfaction with her two-year marriage, her interest in another man and how "Sometimes I wish I could go back to just [my son, who is 17] and I plugging along."
The complaint describes Jennifer Nibbe, a nurse, as addicted to painkillers and deeply in debt. Just two months before he was killed with a single shotgun blast to the head, James Nibbe, 26, had taken out a $250,000 life insurance policy, naming his wife as the beneficiary.
On September 13, a judge set bail at $600,000 in front of a courtroom packed with both the suspect and the victim's family.
Charges cite journal entries by Jennifer Nibbe that chronicle her dissatisfaction with her two-year marriage, her interest in another man and how "Sometimes I wish I could go back to just [my son, who is 17] and I plugging along."
The complaint describes Jennifer Nibbe, a nurse, as addicted to painkillers and deeply in debt. Just two months before he was killed with a single shotgun blast to the head, James Nibbe, 26, had taken out a $250,000 life insurance policy, naming his wife as the beneficiary.
On September 13, a judge set bail at $600,000 in front of a courtroom packed with both the suspect and the victim's family.
Monday, September 13, 2010
Couple abuse developmentally disabled woman for 13 years starting when she was 14 - Woman sentenced to 40 years
(Original Post 5-10-08)
Sgt. Linda Cook, a Muncie, IN detective, is calling the case of a couple who has allegedly sexually abused a 27 year old developmentally disabled woman for the past 13 years a "most bizarre case." Duane Tackett, 48, and his wife Patricia, 47, are charged with sexually abusing the developmentally disabled woman.
Sgt. Linda Cook, a Muncie, IN detective, is calling the case of a couple who has allegedly sexually abused a 27 year old developmentally disabled woman for the past 13 years a "most bizarre case." Duane Tackett, 48, and his wife Patricia, 47, are charged with sexually abusing the developmentally disabled woman.
"It started here in Muncie when the girl was 14. She's presently 27. We believe they lived in Muncie for the first two years of this abuse then moved to Salyersville, Kentucky," said Sgt. Linda Cook, Muncie police.
The Tacketts had recently moved to a Muncie neighborhood from Kentucky. When a relative asked the victim why she was wearing a birth control patch, the woman told of the history of abuse and the relative then called police.
Police say Patricia Tackett and the victim were living in a home on Hodson Street with Duane Tackett still in Kentucky. Police records describe a regular patten of sexual abuse by both suspects. Investigators say the victim has the mental capacity of a child.
"We're looking at adding at least one rape count to each defendant because of the mental capacity of the victim," said Mark McKinney, Delaware County prosecutor.
"I believe it may have become part of her life and maybe it was accepted. She definitely tells me she doesn't want to do it anymore and doesn't like the people that did this to her."
The break in the case occured when the victim told an aunt that Duane Tackett repeatedly had sex with her for the past 13 years. Duane Tackett was persuaded to return to Indiana to face the sex charges according to Cook. Underlying issues regarding the abuse include not wanting the woman to "date" other men.
Patricia Ann Tackett, 47, 124 1/2 N. Hodson St., was arrested this week on a preliminary charge of sexual misconduct with a minor.
Her husband, Duane Ray Tackett, 48, was taken into custody Wednesday, preliminarily charged with sexual misconduct with a minor, criminal deviate conduct and child solicitation. They were being held without bond in the Delaware County jail late Wednesday.
Formal charges the Tacketts face may also include rape, as mentioned above. They are being held without bond and face Kentucky charges as well.
(Update 9-13-10) Patricia Tackett was sentenced to 40 years in prison August 24 by Judge Marianne Vorhees in Delaware Circuit Court 1. Judge Vorhees believed that Patricia Tackett's crimes were "very disturbing, almost beyond belief," and merited a term of as much as 60 years behind bars.
A Delaware County Circuit Court 1 jury found her guilty July 28 of rape, sexual misconduct with a minor, and child solicitation. Child solicitation is a Class D felony carrying a standard 1 1/2 year sentenced - the other felonies are Class B felonies with a standard 10 year sentence. Testimony said that the Tacketts both participated in assults on the woman lasting for at least 14 years.
"The details of this crime are shocking," said Chief Deputy Prosecutor Jeffrey Arnold, who recommended a 38-year sentence.
Defense attorney Kelly Bryan suggested a 10-year sentence with four years suspended, asking the judge to consider "a certain element of provocation and control here, at the hands of her spouse."
[P]robation officer Teresa Brown told the judge that in a pre-sentence interview, Tackett had expressed little remorse for her actions, instead blaming a family member who had learned of the sexual abuse and alerted authorities.
"Not only did she not take responsibility for this crime, she's still having continuous contact with Duane Tackett, who's coming to see her at the jail," Brown said. Brown said the victim -- now 30 and described as having the mental capacity of an 8-year-old -- had told her the Tacketts "should be made to stop so that they won't hurt anyone else, and stay in jail."
At the sentencing hearing, Patricia Tackett said to the victim, who was not present, "I feel so hurt because I let you down...Please forgive me for all I have done." Judge Vorhees, for her part, said that "I believe in my heart she knew exactly what was going on and she knew it was wrong," the judge said. "And she did nothing to stop it." As for her expression of remorse, it was, in Vorhees' opinion, "way too little, (and) way, way, way too late, probably 14, 15, 16 years too late."
(Update 9-13-10) Patricia Tackett was sentenced to 40 years in prison August 24 by Judge Marianne Vorhees in Delaware Circuit Court 1. Judge Vorhees believed that Patricia Tackett's crimes were "very disturbing, almost beyond belief," and merited a term of as much as 60 years behind bars.
A Delaware County Circuit Court 1 jury found her guilty July 28 of rape, sexual misconduct with a minor, and child solicitation. Child solicitation is a Class D felony carrying a standard 1 1/2 year sentenced - the other felonies are Class B felonies with a standard 10 year sentence. Testimony said that the Tacketts both participated in assults on the woman lasting for at least 14 years.
"The details of this crime are shocking," said Chief Deputy Prosecutor Jeffrey Arnold, who recommended a 38-year sentence.
Defense attorney Kelly Bryan suggested a 10-year sentence with four years suspended, asking the judge to consider "a certain element of provocation and control here, at the hands of her spouse."
[P]robation officer Teresa Brown told the judge that in a pre-sentence interview, Tackett had expressed little remorse for her actions, instead blaming a family member who had learned of the sexual abuse and alerted authorities.
"Not only did she not take responsibility for this crime, she's still having continuous contact with Duane Tackett, who's coming to see her at the jail," Brown said. Brown said the victim -- now 30 and described as having the mental capacity of an 8-year-old -- had told her the Tacketts "should be made to stop so that they won't hurt anyone else, and stay in jail."
At the sentencing hearing, Patricia Tackett said to the victim, who was not present, "I feel so hurt because I let you down...Please forgive me for all I have done." Judge Vorhees, for her part, said that "I believe in my heart she knew exactly what was going on and she knew it was wrong," the judge said. "And she did nothing to stop it." As for her expression of remorse, it was, in Vorhees' opinion, "way too little, (and) way, way, way too late, probably 14, 15, 16 years too late."
Thursday, September 9, 2010
Former Navy sailor sentenced to decade behind bars for "love" triangle slaying
On Friday, September 3, Sixto Balbuena, a former Navy sailor who stabbed "romantic" rival Samuel Valdivia to death over the affections of their "girlfriend" and former teacher Tamara Hoffman, was sentenced to a decade behind bars. This sentence was the minimum Balbuena could have gotten after his conviction of 2nd degree murder - the max he could have got was 22 years. The trial started May 28, 2010 and ended June 4. The presiding judge in the trial was Maricopa County Superior Court Judge Christopher Whitten
Balbuena and the victim, 18 year old Valdivia, were both seduced by their former math teacher as students at separate high schools. Hoffman was teaching the then 17 year old Balbuena at Tempe, AZ's Marcos de Niza High School. She was fired after police caught Balbuena with Hoffman's bra in a parked car in November 2006 . She then went to Chandler's El Dorado High School and started a sexual relationship with 18 year olf Valdivia.
On April 9, 2009, Balbuena left Naval Air Facility El Centro in California, where he was an aircraft mechanic, at about 9 p.m., after finishing his shift, and headed toward Chandler to visit his fiancee, Hoffman, then 48.
Phone records show that they exchanged cellphone calls several times that night as he made the 4 ½-hour drive. But when he reached her house, according to the attorneys' statements, Hoffman did not answer the door or her cellphone. Balbuena opened the front door.
Inside, he heard noises coming from the bedroom. He grabbed a knife from the kitchen. Then, he told police investigators - one of whom testified Thursday - he saw a shadowy figure and they tussled. Seventeen minutes after he arrived, Balbuena called police. Prosecutor Jason Kalish played the 911 call, in which Balbuena says that "some guy" had been stabbed. Hoffman can be heard sobbing in the background.
When police arrived, they found Balbuena and Hoffman sitting calmly in the living room and wondered if either had been stabbed. An officer then found Valdivia, wearing only boxer shorts, moaning on the bathroom floor, his internal organs protruding from an abdominal wound.
Valdivia, who played for El Dorado's baseball team and wrote songs, died at the scene. After the conviction, Julio Valdivia, Samuel's older brother, said "I don't know if he's going to pay enough. It's been tough. The pain is still there. I still feel like it happened yesterday. Sometimes, I feel like I need to talk to him. He made me think and kept me out of trouble." During the sentencing hearing, Balbuena said "I'm going to face them. I want to ask your forgiveness for all that has happened," but Valdivia's family did not believe he was sincere.
The victim's mother Placida Maldonado said "He said he didn't mean to hurt him, but I don't believe that." The victim's brother-in-law Julio Laurean said "He's going to do 10 years, but we will do a lifetime...It felt like he was just trying to get out of the hole, that's how I felt."
Valdivia's relatives also believe that Hoffman had a part in the killing. "There are two victims here. One is dead and the other now behind bars," Maldonado said. A sister said that "She's truly at fault. She's crazy and should not have been dating boys. She was 48 years old and my brother only 18."
TheArizona Board of Education investigation of Hoffman saw her surrender her teaching certificate on December 7, but she can reapply within 5 years of the surrender. No criminal chargers were ever filed regarding Hoffman.
Balbuena and the victim, 18 year old Valdivia, were both seduced by their former math teacher as students at separate high schools. Hoffman was teaching the then 17 year old Balbuena at Tempe, AZ's Marcos de Niza High School. She was fired after police caught Balbuena with Hoffman's bra in a parked car in November 2006 . She then went to Chandler's El Dorado High School and started a sexual relationship with 18 year olf Valdivia.
On April 9, 2009, Balbuena left Naval Air Facility El Centro in California, where he was an aircraft mechanic, at about 9 p.m., after finishing his shift, and headed toward Chandler to visit his fiancee, Hoffman, then 48.
Phone records show that they exchanged cellphone calls several times that night as he made the 4 ½-hour drive. But when he reached her house, according to the attorneys' statements, Hoffman did not answer the door or her cellphone. Balbuena opened the front door.
Inside, he heard noises coming from the bedroom. He grabbed a knife from the kitchen. Then, he told police investigators - one of whom testified Thursday - he saw a shadowy figure and they tussled. Seventeen minutes after he arrived, Balbuena called police. Prosecutor Jason Kalish played the 911 call, in which Balbuena says that "some guy" had been stabbed. Hoffman can be heard sobbing in the background.
When police arrived, they found Balbuena and Hoffman sitting calmly in the living room and wondered if either had been stabbed. An officer then found Valdivia, wearing only boxer shorts, moaning on the bathroom floor, his internal organs protruding from an abdominal wound.
Valdivia, who played for El Dorado's baseball team and wrote songs, died at the scene. After the conviction, Julio Valdivia, Samuel's older brother, said "I don't know if he's going to pay enough. It's been tough. The pain is still there. I still feel like it happened yesterday. Sometimes, I feel like I need to talk to him. He made me think and kept me out of trouble." During the sentencing hearing, Balbuena said "I'm going to face them. I want to ask your forgiveness for all that has happened," but Valdivia's family did not believe he was sincere.
The victim's mother Placida Maldonado said "He said he didn't mean to hurt him, but I don't believe that." The victim's brother-in-law Julio Laurean said "He's going to do 10 years, but we will do a lifetime...It felt like he was just trying to get out of the hole, that's how I felt."
Valdivia's relatives also believe that Hoffman had a part in the killing. "There are two victims here. One is dead and the other now behind bars," Maldonado said. A sister said that "She's truly at fault. She's crazy and should not have been dating boys. She was 48 years old and my brother only 18."
TheArizona Board of Education investigation of Hoffman saw her surrender her teaching certificate on December 7, but she can reapply within 5 years of the surrender. No criminal chargers were ever filed regarding Hoffman.
"Boyfriend" charged with 1st degree murder after shooting woman to death
A 23 year old woman was found shot to death in her South Side of Chicago apartment early Saturday morning and her 28 year old "boyfriend," Gerald Rufus was charged in her murder. Theresa Russell was found dead at the scene from a gunshot wound to the arm by police at around 2:32 AM Saturday, September 4.
Rufus was picked up after he was seen on top of the victim, who suffered a gunshot wound under the left armpit. He initially told police Russell was shot in front of the building at 6435 S. Morgan St. and he had taken the victim upstairs to the kitchen area, a police report said.
The man then changed his story and said the incident occurred on the back porch of the second floor apartment, and that the gunmen shot into the apartment from the back door, the report said. The man was taken into custody because witnesses gave conflicting statements indicating they heard a single shot fired inside the apartment and there was not evidence that a shooting happened in front of the building. Police later learned Russell was shot dead after arguing with Rufus.
Rufus faces 45 to 85 years in prison in convicted of 1st degree murder - 20 to 60 for the murder charge and 25 years for using a firearm.
Rufus was picked up after he was seen on top of the victim, who suffered a gunshot wound under the left armpit. He initially told police Russell was shot in front of the building at 6435 S. Morgan St. and he had taken the victim upstairs to the kitchen area, a police report said.
The man then changed his story and said the incident occurred on the back porch of the second floor apartment, and that the gunmen shot into the apartment from the back door, the report said. The man was taken into custody because witnesses gave conflicting statements indicating they heard a single shot fired inside the apartment and there was not evidence that a shooting happened in front of the building. Police later learned Russell was shot dead after arguing with Rufus.
Rufus faces 45 to 85 years in prison in convicted of 1st degree murder - 20 to 60 for the murder charge and 25 years for using a firearm.
Wednesday, September 8, 2010
British man receives 15 to life for stabbing "girlfriend" during sex
A man stabbed his girlfriend to death after she accidentally blurted out the name of another man as they made love. Gary Higgs, 44, flew into a rage when his girlfriend suddenly cried out: 'Chris!'. He stormed downstairs, grabbed a chef's knife and stabbed Joanne Kitchen once in the back and once in the chest.
As she was dying from her wounds, he throttled the 41-year-old to death with the electrical flex of their alarm clock. He later told police: 'I asked her why she said "Chris", but she said she must have been thinking about her daughter's boyfriend Chris.' Manchester Crown Court heard Chris had been at the house the day before.
But Higgs told officers: 'It didn't make any sense to me and I was getting more angry. Why was she thinking about her daughter's boyfriend when we were having sex?
'I couldn't get things out of my mind. I didn't know exactly what I was thinking. I picked the knife up and carried it upstairs to the bedroom. I don't remember thinking I wanted to harm Jo at this time.I was just so mad.' Higgs also said that after he stabbed her, Miss Kitchen told him: 'You've killed me.'
Higgs, who admitted murder, was yesterday jailed for life and told he must serve a minimum of 15 years.
The court heard the couple ditched their long-term partners and moved in together after talking on Facebook.
Paul Reid, QC, prosecuting, said they struggled financially and depended on Miss Kitchen's wage as a security officer at a college in Bury. Early one morning in April this year a woman waiting at a bus stop heard 'argumentative screams' from a woman coming from the couple's home and another witness saw Higgs standing bare - chested at the window.
The alarm was raised when Miss Kitchen failed to turn up for work and her daughters could not contact their mother by phone or text. The landlord of the house in Radcliffe, near Bury, let the two women in and he found her body in the upstairs room.
Sentencing Higgs, Judge Andrew Gilbart, QC, said the relationship had been overcome by financial tensions and arguments. He said: "Those tensions can lead to mistrust and sexual jealousy. It seems you were overcome by your view that she could still be interested sexually in others and be as readily welcoming to conduct an affair with others as she had been with you. There is no evidence of that whatsoever, but even if there were, it cannot justify what you did. In my judgment, this is a case of an unreasonably possessive man killing his lover in a rage."
Monday, September 6, 2010
Policeman in Oz sentenced to 33 years with 24 to serve in cliff murder of wife
Des Campbell, the former policeman who murdered his wife Janet by pushing her off a cliff, was jailed for a maximum of 33 years [Friday September 3]. Campbell, 52, dressed in a green prison tracksuit, did not react as the sentence was handed down.
"There can be no doubt that the circumstances under which Janet Campbell met her death demonstrate the offender's sustained callousness towards her for nothing more than monetary gain," the sentencing judge, Megan Latham, said.
Justice Latham, whose decision was shown live to the public via video link, sentenced him to a 24-year non-parole period in "recognition of the deliberate taking of a life". Justice Latham said the non-parole period would expire in May 2034.
Killer and victim met in the Riverina town of Deniliquin, where Janet Fisicaro worked as a hospital orderly.
Campbell, who had previously been a policeman in Victoria and England, was working as a paramedic.
Janet, 49, had been left well off when her first husband died. Prosecutors argued that Campbell was only ever after her money, with the Crown prosecutor, Mark Tedeschi, QC, comparing the murder to a contract killing.
On March 24, 2005 - six months after they secretly wed, and a week after Janet finally told her family of the marriage - Campbell took her camping in the Royal National Park. Just before nightfall Janet fell to her death from a 50-metre cliff near their campsite. ASupreme Court jury rejected Campbell's claims that she fell accidentally, convicting him in May of murder.
The trial heard that Campbell secretly carried on affairs with other women during his relationship with Janet.
He did not attend her funeral, and booked a holiday with one of his girlfriends the week after his wife plunged to her death.A few months later, the widower holidayed in the Philippines, where he met the woman who became his fourth wife.
Saturday, September 4, 2010
Wooded Rapist guilty in rape of 16 year old girl - Davidson County won't prosecute any more cases
(Original Post 5-6-08)
Nashville, Tennessee police have caught a suspect whom they believe to be the Wooded Rapist, a sexual predator who has attacked at least 14 women on their wooded homes. Robert Jason Burdick has a criminal record going back to 1998 for rape, and authorities are trying to link him with other unsolved rapes in the area.
Pat Young, the Wooded Rapist's first victim, remembers her attack and hopes that
She said she remembers her attack like it was yesterday. "At home asleep in your bed is supposed to be the safest place you are. Well, that's where I was at, home asleep in my bed," she said.
Young was able to bite her attacker and give police DNA, which they said matches Burdick’s.
But Young said she does not believe her attacker was just getting started.
"You have to wonder where he started. We're the first case that we know of, but were there more that went unreported?" she said.
Sources close to the case said Burdick was sent to Spencer Youth Center for Juvenile Offenders. "I think he's been doing this for a very long time. I know there are cases directly related through DNA. I suspect there are others where there is other evidence and if they can tie it to him, good," Young said.
Burdick has been charged with five counts of aggravated rape and more charges are pending. Sources say that Burdick spent time in juvenile detention and was arrested on assault charges involving a possible girlfriend at age 17.
(Update 10-19-09) The Wooded Rapist suspect was found not guilty of the aggravated rape of Pat Young, but was found guilty of attempted aggravated rape. Robert Jason Burdick, 39, still faces between 8 and 12 years for his attack on Young back in 1994. Burdick has been sentenced to 32 years in prison for the rape of another woman and faces 11 more trials.
The issue that prosecutors failed to prove to the Davidson County Jury was whether Burdick's hand entered Young's vaginal area during the attack, not whether there was an attack. "I don't mind not being raped. Tonight, I'll be with my friends and he goes back to the big house."
Young has been willing to share her name and show her face for the same reason she has reached out to other alleged victims of Burdick, the man police call the "Wooded Rapist."
"This shouldn't be embarrassing for the victims," Young said. "We should be looking at the perpetrators. They take people's souls to empower themselves."
Young was looking at Burdick carefully throughout the trial. She stared at him often during her time on the witness stand. She noticed he would not meet her eyes.
"He looks so dead ordinary," she said. "Put him in a suit and he's a banker or a lawyer. Put him in scrubs and he's a doctor. Put him in a shirt with his name on it and he's a technical guy. There's nothing to say there's evil there."
Defense attorneys cited the failure to prove the most serious charges as a small victory for their client. According to Fletcher Long, "anything other than the charged offense in a high-profile case like this is an achievement. He has been obliterated in the war of public opinion, and if the jurors came in tainted, it wasn't in the defendant's favor."
The defense will appeal based on the theory that only a "John Doe" DNA profile was issued an arrest warrant, not their client by name. Attorney Carrie Gasaway stated "It could very likely be the outcome for Mr. Burdick that there is no conviction on this charge."
Meanwhile, prosecutors are more circumspect, because there are numerous trials to go, and that even though they obtained a conviction for lesser charges that aggravated rape, a conviction is a conviction.
Prosecutor Dan Hamm stated that "Quite frankly we understand that reasonable people could find either way. We were just hoping that the emotions wouldn't be so strong they wouldn't be able to make a decision." His colleague Roger Moore said that "We will try each count as we get to it. That's our philosophy at this point."
(Update 5-28-10) WIlliamson County, TN jurors found Burdick guilty May 20, 2010 of aggravated and especially aggravated rape in an attack on a then 16 year old girl, Elizabeth "Zea" Miller. Burdick broke into her Brentwood, TN townhouse, kidnapped her and took her at gunpoint to a garage where he raped her. Burdick faces 15 to 25 years when he is sentenced July 13, something that the victim wants.
"I would love just for my own personal edification to have him be sentenced at the maximum. I have to live this to the fullest and so does he. I don't get to escape out of this any earlier in my life so neither should he. I would love to see two 25-year sentences served consecutively."
[Willamson County District Attorney Kim]Helper called eight witnesses to the stand, including Miller, her mother, detectives working the case and Qadriyyah Debnam, a forensic scientist who worked with the Tennessee Bureau of Investigation at the time of the rape. She told jurors that she found sperm in Miller's underwear that were a match to Burdick's DNA.
Burdick's next trial will be in Wilson County, where he will be tried on aggravated and especially aggravated rape charges for an attack on hie ex-"girlfriend's" niece who he used to babysit. After that trial, the sexual predator will return to Williamson and Davidson Counties for more rape trials.
(Update 9-4-10) Burdick was sentenced to 50 years imprisonment and a $60,000 fine in a Nashville courtroom July 13, 2010 for Miller's rape. If Burdick had took the plea deal he was offered, he would have only received 20 years maximum. Judge Timothy Easter gave Burdick 2 consecutive 25 year sentences for aggravated and especially aggravated rape.
Davidson County prosecutors have retired the remaining seven cases against Burdick in a cost saving measure.
Metro Assistant District Attorney Roger Moore said putting Burdick on trial would waste taxpayer dollars, and he said the remaining five victims agreed the cases could stop. "Lightning may strike the prison, and he may escape, but we are not dealing on possibility. We are dealing with what has been done," Moore said.
Judge Seth Norman agreed to the prosecutor's request, but two other Tennessee counties still plan on trying Burdick on more rape charges. Williamson County District Attorney Kim Helper is scheduled to prosecute two more Wooded Rapist cases. "Victims do have a say in this state, and the victims very much … have the right to face offenders in court," she said.
Wilson County plans to try Burdick on aggravated rape and especially aggravated kidnapping of a child beginning March 28, 2011. Tom Swink, Wilson County, TN assistant DA, said "While our office believes that Burdick's convictions and sentences will stand on appeal, nothing is certain, and we will proceed as planned with Mr. Burdick's Wilson County prosecution."
Nashville, Tennessee police have caught a suspect whom they believe to be the Wooded Rapist, a sexual predator who has attacked at least 14 women on their wooded homes. Robert Jason Burdick has a criminal record going back to 1998 for rape, and authorities are trying to link him with other unsolved rapes in the area.
Pat Young, the Wooded Rapist's first victim, remembers her attack and hopes that
She said she remembers her attack like it was yesterday. "At home asleep in your bed is supposed to be the safest place you are. Well, that's where I was at, home asleep in my bed," she said.
Young was able to bite her attacker and give police DNA, which they said matches Burdick’s.
But Young said she does not believe her attacker was just getting started.
"You have to wonder where he started. We're the first case that we know of, but were there more that went unreported?" she said.
Sources close to the case said Burdick was sent to Spencer Youth Center for Juvenile Offenders. "I think he's been doing this for a very long time. I know there are cases directly related through DNA. I suspect there are others where there is other evidence and if they can tie it to him, good," Young said.
Burdick has been charged with five counts of aggravated rape and more charges are pending. Sources say that Burdick spent time in juvenile detention and was arrested on assault charges involving a possible girlfriend at age 17.
(Update 10-19-09) The Wooded Rapist suspect was found not guilty of the aggravated rape of Pat Young, but was found guilty of attempted aggravated rape. Robert Jason Burdick, 39, still faces between 8 and 12 years for his attack on Young back in 1994. Burdick has been sentenced to 32 years in prison for the rape of another woman and faces 11 more trials.
The issue that prosecutors failed to prove to the Davidson County Jury was whether Burdick's hand entered Young's vaginal area during the attack, not whether there was an attack. "I don't mind not being raped. Tonight, I'll be with my friends and he goes back to the big house."
Young has been willing to share her name and show her face for the same reason she has reached out to other alleged victims of Burdick, the man police call the "Wooded Rapist."
"This shouldn't be embarrassing for the victims," Young said. "We should be looking at the perpetrators. They take people's souls to empower themselves."
Young was looking at Burdick carefully throughout the trial. She stared at him often during her time on the witness stand. She noticed he would not meet her eyes.
"He looks so dead ordinary," she said. "Put him in a suit and he's a banker or a lawyer. Put him in scrubs and he's a doctor. Put him in a shirt with his name on it and he's a technical guy. There's nothing to say there's evil there."
Defense attorneys cited the failure to prove the most serious charges as a small victory for their client. According to Fletcher Long, "anything other than the charged offense in a high-profile case like this is an achievement. He has been obliterated in the war of public opinion, and if the jurors came in tainted, it wasn't in the defendant's favor."
The defense will appeal based on the theory that only a "John Doe" DNA profile was issued an arrest warrant, not their client by name. Attorney Carrie Gasaway stated "It could very likely be the outcome for Mr. Burdick that there is no conviction on this charge."
Meanwhile, prosecutors are more circumspect, because there are numerous trials to go, and that even though they obtained a conviction for lesser charges that aggravated rape, a conviction is a conviction.
Prosecutor Dan Hamm stated that "Quite frankly we understand that reasonable people could find either way. We were just hoping that the emotions wouldn't be so strong they wouldn't be able to make a decision." His colleague Roger Moore said that "We will try each count as we get to it. That's our philosophy at this point."
(Update 5-28-10) WIlliamson County, TN jurors found Burdick guilty May 20, 2010 of aggravated and especially aggravated rape in an attack on a then 16 year old girl, Elizabeth "Zea" Miller. Burdick broke into her Brentwood, TN townhouse, kidnapped her and took her at gunpoint to a garage where he raped her. Burdick faces 15 to 25 years when he is sentenced July 13, something that the victim wants.
"I would love just for my own personal edification to have him be sentenced at the maximum. I have to live this to the fullest and so does he. I don't get to escape out of this any earlier in my life so neither should he. I would love to see two 25-year sentences served consecutively."
[Willamson County District Attorney Kim]Helper called eight witnesses to the stand, including Miller, her mother, detectives working the case and Qadriyyah Debnam, a forensic scientist who worked with the Tennessee Bureau of Investigation at the time of the rape. She told jurors that she found sperm in Miller's underwear that were a match to Burdick's DNA.
Burdick's next trial will be in Wilson County, where he will be tried on aggravated and especially aggravated rape charges for an attack on hie ex-"girlfriend's" niece who he used to babysit. After that trial, the sexual predator will return to Williamson and Davidson Counties for more rape trials.
(Update 9-4-10) Burdick was sentenced to 50 years imprisonment and a $60,000 fine in a Nashville courtroom July 13, 2010 for Miller's rape. If Burdick had took the plea deal he was offered, he would have only received 20 years maximum. Judge Timothy Easter gave Burdick 2 consecutive 25 year sentences for aggravated and especially aggravated rape.
Davidson County prosecutors have retired the remaining seven cases against Burdick in a cost saving measure.
Metro Assistant District Attorney Roger Moore said putting Burdick on trial would waste taxpayer dollars, and he said the remaining five victims agreed the cases could stop. "Lightning may strike the prison, and he may escape, but we are not dealing on possibility. We are dealing with what has been done," Moore said.
Judge Seth Norman agreed to the prosecutor's request, but two other Tennessee counties still plan on trying Burdick on more rape charges. Williamson County District Attorney Kim Helper is scheduled to prosecute two more Wooded Rapist cases. "Victims do have a say in this state, and the victims very much … have the right to face offenders in court," she said.
Wilson County plans to try Burdick on aggravated rape and especially aggravated kidnapping of a child beginning March 28, 2011. Tom Swink, Wilson County, TN assistant DA, said "While our office believes that Burdick's convictions and sentences will stand on appeal, nothing is certain, and we will proceed as planned with Mr. Burdick's Wilson County prosecution."
Man charged with forcible sex abuse for nurse groping pleads guilty, gets 6 months
(Original Post 10-11-09)
A man accompanying his wife to a Utah hospital missed the birth of his child because he was being booked for fondling the nurse who took care of his baby's mother.
Adam Jay Manning was charged with forcible sex abuse, a Class 2 felony in Utah, for fondling and grabbing the nurse. The incident started at 3 AM October 9, when Manning brought a pregnant woman in labor to Mackay-Dee Hospital in Ogden, UT. Manning made a comment about how cute the nurse was, but the nurse ignored him, attending to the woman in labor.
Manning, according to Ogden police lieutenant Loren Draper, told the nurse that something was wrong with her neck, which was a pretense for him to grab her breast and fondle her neck. The nurse pushed Manning away, moved to the other side of the wheelchair, and reported the incident to police, leading to charges.
Manning pleaded guilty in February 2008 to shoplifting, a class B misdemeanor, and was sentenced to a year of probation that included classes at New Horizons, a mental health and substance abuse treatment center. In June, Manning pleaded guilty to criminal mischief, also a class B misdemeanor. He was sentenced to fines and a year of probation, which he allegedly violated -- a judge issued a warrant for his arrest Sept. 14, court records show.
Draper said it was unclear whether the woman Manning brought to the hospital was a girlfriend or wife, but one thing was abundantly clear - "Obviously, he wasn't there for the birth of the child."
(Update 9-4-10) Last month, Manning received 6 months in jail after pleading guilty June 15 to attempted forcible sex abuse. 2nd District Judge Scott Hadley sentenced Manning on August 10, 2010 to serve the term in the Weber County Jail, and ordered Manning undergo sex, mental health, and substance abuse counseling.
Defense attorney Randall Marshall argued that Manning's action was a rare situation accompanied by a blackout, which Manning is prone to suffer because of brain damage from a Jeep accident 10 years ago.
"He touched her over the clothing. There was no violence, no force," Marshall said. "That doesn't come close to some of the sexual offenses we see ... 180 days in jail seems a little heavy." Marshall asked for 120 days, noting Manning's lack of prior similar crimes, saying he touched the woman twice "and that was the end of it."
Arguing the other side of the same coin, Deputy Weber County Attorney Branden Miles said "precisely because there was a blackout, we don't know that it won't happen again. He continues to pose a danger until it's figured out."
One thing which won't be blacked out is Manning's listing in the sex offender registry.
A man accompanying his wife to a Utah hospital missed the birth of his child because he was being booked for fondling the nurse who took care of his baby's mother.
Adam Jay Manning was charged with forcible sex abuse, a Class 2 felony in Utah, for fondling and grabbing the nurse. The incident started at 3 AM October 9, when Manning brought a pregnant woman in labor to Mackay-Dee Hospital in Ogden, UT. Manning made a comment about how cute the nurse was, but the nurse ignored him, attending to the woman in labor.
Manning, according to Ogden police lieutenant Loren Draper, told the nurse that something was wrong with her neck, which was a pretense for him to grab her breast and fondle her neck. The nurse pushed Manning away, moved to the other side of the wheelchair, and reported the incident to police, leading to charges.
Manning pleaded guilty in February 2008 to shoplifting, a class B misdemeanor, and was sentenced to a year of probation that included classes at New Horizons, a mental health and substance abuse treatment center. In June, Manning pleaded guilty to criminal mischief, also a class B misdemeanor. He was sentenced to fines and a year of probation, which he allegedly violated -- a judge issued a warrant for his arrest Sept. 14, court records show.
Draper said it was unclear whether the woman Manning brought to the hospital was a girlfriend or wife, but one thing was abundantly clear - "Obviously, he wasn't there for the birth of the child."
(Update 9-4-10) Last month, Manning received 6 months in jail after pleading guilty June 15 to attempted forcible sex abuse. 2nd District Judge Scott Hadley sentenced Manning on August 10, 2010 to serve the term in the Weber County Jail, and ordered Manning undergo sex, mental health, and substance abuse counseling.
Defense attorney Randall Marshall argued that Manning's action was a rare situation accompanied by a blackout, which Manning is prone to suffer because of brain damage from a Jeep accident 10 years ago.
"He touched her over the clothing. There was no violence, no force," Marshall said. "That doesn't come close to some of the sexual offenses we see ... 180 days in jail seems a little heavy." Marshall asked for 120 days, noting Manning's lack of prior similar crimes, saying he touched the woman twice "and that was the end of it."
Arguing the other side of the same coin, Deputy Weber County Attorney Branden Miles said "precisely because there was a blackout, we don't know that it won't happen again. He continues to pose a danger until it's figured out."
One thing which won't be blacked out is Manning's listing in the sex offender registry.
Friday, August 27, 2010
Montgomery Township high school teacher sentenced to county prison for abuse of homeroom student
Zeo allegedly initiated the affair with the teenage boy by sending him a “friend request” from her Facebook page at the end of April 2009, according to court papers. He and another 17-year-old boy communicated with Zeo on the Internet social networking site. Both were in her 11th grade homeroom class, according to DA Risa Vetri Ferman.
Though the other student allegedly had conversations of a sexual nature with Zeo, he told investigators he didn’t have sex with her. The student involved in the affair allegedly “made out” with the woman a half-dozen times in her homeroom class, E-139, during the second and fourth periods when no one else was there, according to the affidavit. At some point during the affair, Zeo told him that rumors were circulating about her and another student.
Despite the rumors, Zeo and the boy continued their relationship. During the second week of May, 2009, they had a heavy petting session at a Montgomery Township strip mall. During a second meeting a few days later at the same place, Zeo and her victim had full sexual intercourse.
Because Pennsylvania's age of consent is normally 16, Ferman explained that Zeo was prosecuted because she abused her position of trust in the community. “The big deal is we’re dealing with a teacher, and teacher is in a unique position of trust and authority in both the school and community. We send our children to school to learn math, science and reading, but we don’t expect them to be taught in adult areas. We don’t expect them to be taught about sexual relationships.”
German girl band singer sentenced to community service, suspended 2 year sentence for infecting "lover"
The 28-year-old Benaissa is a member of the popular girl band No Angels. She discovered she was HIV positive in 1999 when she was three months pregnant. She was arrested in April 2009 for having unprotected sex with three men in 2004 and 2006 and failing to inform them of her HIV status. To do so can be classified as aggravated assault under German law.
Both the state prosecutor Peter Liesenfeld and her defense had asked the courts for the suspended sentence in the trial, which ended on Wednesday. Liesenfeld cited her confession and her expression of remorse as reasons for lighter sentence "I made a huge mistake," Benaissa said in an emotional apology during the closing arguments.
"I am sorry from the bottom of my heart," she said. "I would love to turn back the clock, but I can't."
But the 34-year-old man she infected with HIV gave an angry testimony during the trial, saying she had caused "a lot of suffering in this world." Because she and the man both have a strain of the virus that is relatively rare in Germany, medical experts had determined the man had almost certainly been infected by Benaissa.
She was also convicted of attempted aggravated assault for having unprotected sex with another man who did not contract the virus.She said she was afraid that her career would be negatively impacted if it became public that she is HIV positive.
Instead of jail time, the pop star is expected to complete 300 hours of community service and attend regular counseling sessions. No Angels, which first formed in 2000 and got back together in 2007 after a brief break, are expected to restart their tour. That tour was interrupted last year when Benaissa was arrested just before performing in Frankfurt.
Tuesday, August 24, 2010
Maria Lauterbach's killer sentenced to life without parole
(Originally Posted 1-12-08)
"It is believed that he has reached a location where his need to move in high speed or long distance no longer exists,” said Onslow County Sheriff Ed Brown. A $25,000 reward has been postedfor information leading to Laurean's arrest.
Update (1-18-08): Marine officials did not believe that Lauterbach was the victim of foul play until she was found dead. Mrs. Laurean waited 24 hours before reporting Lauterbach's death to authorities, and an item, believed to be a crowbar, suspected as being the murder weapon, was recovered after being turned in by a witness. Police found Laurean's truck, and are going over evidence inside it.
“We believe that we have an item that may have been used in the murder of Maria Lauterbach,” Sheriff’s Department Capt. Rick Sutherland said. “It is consistent with what the Medical Examiner believes is the cause of death. We have not confirmed what this item is.”
Laurean is now believed to be in Mexico, where he allegedly told fellow Marines and his wife he would flee to if convicted in the rape.
The FBI filed court documents this week stating Laurean told members of his Marine Corps unit he would flee to Mexico if it appeared he would be found guilty of raping Lauterbach. Laurean's wife, Christina Laurean, also told authorities she believed her husband would head to Mexico if he was in legal trouble. Laurean is reported to have mailed letters back to his wife in North Carolina, according to two law enforcement officials who spoke to The Associated Press on condition of anonymity. The letters had a Houston postmark, the AP reported.
"We strongly suspect, but have not confirmed, that Laurean may be in Mexico," said FBI spokesman Richard Kolko in Washington. "We have a strong working relationship with law enforcement partners in Mexico, and we're working with them to locate and apprehend him." In addition to the original charges of first-degree murder, bank card theft and obtaining property by false pretense, Laurean has been charged by the FBI with unlawful flight to avoid prosecution.
Laurean has been captured in Morelia, capital of the Mexican state of Michoacan. Besides murder, charges include theft, robbery with a dangerous weapon, and fraud. Police carrying out an anti-kidnapping operation stopped Laurean because he was acting suspicious, and then ran him through a criminal database. It is believe that Laurean used Lauterbach's ATM card to with draw funds for his flight to Mexico, which according to prosecutors occured January 14.
U.S. Ambassador Tony Garza said in a statement that “Laurean fled to Mexico early this year in the hope of avoiding justice” and called the arrest “a clear message to all would-be fugitives from U.S. law that Mexico will not provide them refuge.”
Prosecutors dropped the death penalty as the maximum sentence to secure Laurean's extradiction.
Phone messages seeking comment left at Lauterbach’s parents’ home in Vandalia, Ohio, with Lauterbach’s uncle Pete Steiner, and with family attorney Chris Conard were not immediately returned late Thursday.
Another family attorney, Merle Wilberding, said Lauterbach’s mother, Mary, received the call from the FBI informing her of the arrest with “shock and surprise.”
“She’s been living with Cpl. Laurean being on the run ... and living without an expectation that he was going to be captured any time soon, so when the word came it really caught her by surprise, and she’s still trying to let it all sink in,” Wilberding told WDTN-TV in Dayton, Ohio.
(Update 8-24-10) Laurean was convicted by a jury after three hours of deliberation of bludgeoning Lauterbach to death and immediately sentenced to life without parole. The trial was moved to Wayne County, NC from Onslow County due to pre-trial publicity. Besides the 1st degree murder charge, Laurean was also convicted of theft and fraud by using Lauterbach's ATM card.
During closing arguments, Chief Assistant District Attorney Ernie Lee talked about the 4 weeks between when the victim's mother last saw her daughter and when Lauterbach's body was found in a burn pit. “On Jan. 11, 2008, Mary Lauterbach’s nightmare became a reality when her daughter’s body was found buried in the defendant’s backyard,” Lee said. Lee went on to say how Laurean's career was at stake, since sex with a subordinate is a crime in the Marine Corps. Despite the DNA test showing that Laurean was not the father of Lauterbach's unborn child, “as long as Maria Lauterbach was still out there he could not [be a good Marine].”
Meanwhile, Lauterbach's defense attorney, Dick McNeil, said that his client should not be convicted of 1st degree murder because Laurean's wife, Christina, also had motive. Texts and computer records make no record of Laurean and Lauterbach being in contact between the rape allegation and the murder. Laurean was eventually cleared of that rape allegation.
McNeil painted his client as a panicked Marine who was at home minding his own business when a troubled, distraught woman came to his door in violation of a protective order. McNeil says he questioned Lauterbach’s truthfulness during the trial, not to degrade her reputation, but to show she was depressed and confused.
Before sentencing but after the verdict, Maria Lauterbach told Laurean to look at his mother and think of his daughter. “I feel so sorry for your daughter. She will have to live with the shame that her father is in prison for murdering not one but two people,” she said.
McNeil said that he planned to appeal the verdict.
Maria Lauterbach, a 20 year old Marine who was 8 months pregnant, was found murdered yesterday in North Carolina along with her fetus after her disappearance December 19th. She last spoke to her mother December 14th and her car was found a week ago (January 7th). Yesterday, remains of a woman and her fetus were found in the primary suspect's home, that of another Marine she suspected of rape in April last year. The idea that the baby was the rape suspect's is plausible.
The suspect in her murder, Marine Cpl. Cesar Laurean 21, was accused of rape by Maria, and she was scheduled to testify against Laurean at a military hearing.
While Maria's mother described her as a liar, her uncle, Peter Steiner, described the pregnancy as due to the alleged rape, and maintained that the Marines did not protect his niece. When her car was found, a military protective order, similar to a restraining order, was found, but civilian officials said they were never notified. The order, which lasted from July to September, stated Laurean could not come within 1000 feet of Maria.
The Jacksonville (NC) Daily News has more.
Civilian investigators have said a military protective order — similar to a restraining order, but authorized by the commanding officer in charge of the Marine being restrained — existed for a pregnant Marine against the Marine accused of killing her, but they were never made aware of it by anyone from Camp Lejeune.
Paul Chiccarelli, special agent in charge of Naval Criminal Investigative Service aboard Camp Lejeune, said the "crucial information that brought the turn in the case came through the base," adding the base had been very cooperative throughout the investigation. Chiccarelli said Laurean was not taken into custody after Lauterbach reported the alleged rape because there were indications that Lauterbach and Laurean carried on "some sort of friendly relationship" after she filed the complaint against him.
Chiccarelli said Laurean had not been considered a flight risk after the Lauterbach disappearance.
Laurean ended up fleeing at around 4AM Friday, and is currently on the run. He is believed to be in either Louisiana or Texas as of 6:30 PM Sunday.
Lauterbach's uncle, Peter Steiner, a psychiatrist who lives in Louisville, Ky., and had been in Jacksonville in the past week looking into his niece's disappearance, said his niece called her uncle's home at least twice a week, because they were very close. "She was a very beautiful, athletic young lady. She volunteered to join the Marine Corps. She was very committed to the Marines, and she is being portrayed in a way that does not look well."
Because of the widespread coverage, Victimized Over The AOC will link to sources which provide more in-depth coverage of this story.
Holly's Fight Against Violence, a Canada-centric blog against violence against women, has this tribute to the young Marine.
The Jacksonville, NC Daily News has this special section related to coverage of her disappearance and murder.
The suspect in her murder, Marine Cpl. Cesar Laurean 21, was accused of rape by Maria, and she was scheduled to testify against Laurean at a military hearing.
While Maria's mother described her as a liar, her uncle, Peter Steiner, described the pregnancy as due to the alleged rape, and maintained that the Marines did not protect his niece. When her car was found, a military protective order, similar to a restraining order, was found, but civilian officials said they were never notified. The order, which lasted from July to September, stated Laurean could not come within 1000 feet of Maria.
The Jacksonville (NC) Daily News has more.
Civilian investigators have said a military protective order — similar to a restraining order, but authorized by the commanding officer in charge of the Marine being restrained — existed for a pregnant Marine against the Marine accused of killing her, but they were never made aware of it by anyone from Camp Lejeune.
Paul Chiccarelli, special agent in charge of Naval Criminal Investigative Service aboard Camp Lejeune, said the "crucial information that brought the turn in the case came through the base," adding the base had been very cooperative throughout the investigation. Chiccarelli said Laurean was not taken into custody after Lauterbach reported the alleged rape because there were indications that Lauterbach and Laurean carried on "some sort of friendly relationship" after she filed the complaint against him.
Chiccarelli said Laurean had not been considered a flight risk after the Lauterbach disappearance.
Laurean ended up fleeing at around 4AM Friday, and is currently on the run. He is believed to be in either Louisiana or Texas as of 6:30 PM Sunday.
Lauterbach's uncle, Peter Steiner, a psychiatrist who lives in Louisville, Ky., and had been in Jacksonville in the past week looking into his niece's disappearance, said his niece called her uncle's home at least twice a week, because they were very close. "She was a very beautiful, athletic young lady. She volunteered to join the Marine Corps. She was very committed to the Marines, and she is being portrayed in a way that does not look well."
Because of the widespread coverage, Victimized Over The AOC will link to sources which provide more in-depth coverage of this story.
Holly's Fight Against Violence, a Canada-centric blog against violence against women, has this tribute to the young Marine.
The Jacksonville, NC Daily News has this special section related to coverage of her disappearance and murder.
Update (1-15-08): According to the autopsy report, Maria Lauterbach died of blunt trauma to the head, putting to rest all doubt about her murder. There was a note written by Lauren claiming that she committed suicide by slitting her throat. Laurean is said to be in hiding, and not actively on the run.
"It is believed that he has reached a location where his need to move in high speed or long distance no longer exists,” said Onslow County Sheriff Ed Brown. A $25,000 reward has been postedfor information leading to Laurean's arrest.
Update (1-18-08): Marine officials did not believe that Lauterbach was the victim of foul play until she was found dead. Mrs. Laurean waited 24 hours before reporting Lauterbach's death to authorities, and an item, believed to be a crowbar, suspected as being the murder weapon, was recovered after being turned in by a witness. Police found Laurean's truck, and are going over evidence inside it.
“We believe that we have an item that may have been used in the murder of Maria Lauterbach,” Sheriff’s Department Capt. Rick Sutherland said. “It is consistent with what the Medical Examiner believes is the cause of death. We have not confirmed what this item is.”
Laurean is now believed to be in Mexico, where he allegedly told fellow Marines and his wife he would flee to if convicted in the rape.
The FBI filed court documents this week stating Laurean told members of his Marine Corps unit he would flee to Mexico if it appeared he would be found guilty of raping Lauterbach. Laurean's wife, Christina Laurean, also told authorities she believed her husband would head to Mexico if he was in legal trouble. Laurean is reported to have mailed letters back to his wife in North Carolina, according to two law enforcement officials who spoke to The Associated Press on condition of anonymity. The letters had a Houston postmark, the AP reported.
"We strongly suspect, but have not confirmed, that Laurean may be in Mexico," said FBI spokesman Richard Kolko in Washington. "We have a strong working relationship with law enforcement partners in Mexico, and we're working with them to locate and apprehend him." In addition to the original charges of first-degree murder, bank card theft and obtaining property by false pretense, Laurean has been charged by the FBI with unlawful flight to avoid prosecution.
(Update 4-11-08)
Laurean has been captured in Morelia, capital of the Mexican state of Michoacan. Besides murder, charges include theft, robbery with a dangerous weapon, and fraud. Police carrying out an anti-kidnapping operation stopped Laurean because he was acting suspicious, and then ran him through a criminal database. It is believe that Laurean used Lauterbach's ATM card to with draw funds for his flight to Mexico, which according to prosecutors occured January 14.
U.S. Ambassador Tony Garza said in a statement that “Laurean fled to Mexico early this year in the hope of avoiding justice” and called the arrest “a clear message to all would-be fugitives from U.S. law that Mexico will not provide them refuge.”
Prosecutors dropped the death penalty as the maximum sentence to secure Laurean's extradiction.
Phone messages seeking comment left at Lauterbach’s parents’ home in Vandalia, Ohio, with Lauterbach’s uncle Pete Steiner, and with family attorney Chris Conard were not immediately returned late Thursday.
Another family attorney, Merle Wilberding, said Lauterbach’s mother, Mary, received the call from the FBI informing her of the arrest with “shock and surprise.”
“She’s been living with Cpl. Laurean being on the run ... and living without an expectation that he was going to be captured any time soon, so when the word came it really caught her by surprise, and she’s still trying to let it all sink in,” Wilberding told WDTN-TV in Dayton, Ohio.
(Update 4-20-09) Laurean was formally extradicted back to North Carolina from Mexico last Friday. Earlier today, he was in court for a bond hearing in Onslow County District Court. The hearing, presided over by Judge Paul A. Hardison, enede with Laurean being denied bond. His next court appearence will be May 18. Official charges include 1st degree murder, robbery with a dangerous weapon, and numerous theft related charges.
(Update 8-24-10) Laurean was convicted by a jury after three hours of deliberation of bludgeoning Lauterbach to death and immediately sentenced to life without parole. The trial was moved to Wayne County, NC from Onslow County due to pre-trial publicity. Besides the 1st degree murder charge, Laurean was also convicted of theft and fraud by using Lauterbach's ATM card.
During closing arguments, Chief Assistant District Attorney Ernie Lee talked about the 4 weeks between when the victim's mother last saw her daughter and when Lauterbach's body was found in a burn pit. “On Jan. 11, 2008, Mary Lauterbach’s nightmare became a reality when her daughter’s body was found buried in the defendant’s backyard,” Lee said. Lee went on to say how Laurean's career was at stake, since sex with a subordinate is a crime in the Marine Corps. Despite the DNA test showing that Laurean was not the father of Lauterbach's unborn child, “as long as Maria Lauterbach was still out there he could not [be a good Marine].”
Meanwhile, Lauterbach's defense attorney, Dick McNeil, said that his client should not be convicted of 1st degree murder because Laurean's wife, Christina, also had motive. Texts and computer records make no record of Laurean and Lauterbach being in contact between the rape allegation and the murder. Laurean was eventually cleared of that rape allegation.
McNeil painted his client as a panicked Marine who was at home minding his own business when a troubled, distraught woman came to his door in violation of a protective order. McNeil says he questioned Lauterbach’s truthfulness during the trial, not to degrade her reputation, but to show she was depressed and confused.
Before sentencing but after the verdict, Maria Lauterbach told Laurean to look at his mother and think of his daughter. “I feel so sorry for your daughter. She will have to live with the shame that her father is in prison for murdering not one but two people,” she said.
McNeil said that he planned to appeal the verdict.
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