A woman who conspired along with her 20 year old son to kill the woman's husband was sentenced to life without parole for at least 20 years in a Topeka, KS courtroom Thursday, February 17.
44 year old Michelle Eberhardt was convicted of felony 1st degree murder for the murder by her son of 51-year-old Gerald “Jerry” Eberhardt. Judge Debenham said to the perpetrator, "You have violated the trust between a husband and a wife.[The family's] pain and suffering won't end today. It will continue for the rest of their lives." The shooting death rook place on October 25, 2009. Michelle's plea to felony 1st degree murder spared her a trial on premeditated first-degree murder, conspiracy to commit first-degree murder and solicitation to commit murder.
Scott M. Mosher, 20, the alleged triggerman in his stepfather's murder, is scheduled to go on trial June 13 for premeditated first-degree murder and conspiracy to commit premeditated first-degree murder
According to facts presented in Eberhardt's plea, Michelle Eberhardt and Mosher had talked about killing her husband, a used car dealer in Topeka. Mosher said he knew someone who would kill Jerry Eberhardt for $2,000. Michelle paid the money, but Jerry Eberhardt wasn't shot. She negotiated with the man who had taken the $2,000, but the man wanted more money and a car from the lot.
Mosher told Michelle he had a pistol and would take care of the slaying. Michelle Eberhardt said the house at 2538 S.E. Shawnee Heights Road would be empty Oct. 25, 2009, after 12:30 a.m., and at 1:30 a.m., she heard a gunshot. When she found her husband, he was sitting up in bed in the master bedroom of the family home.
A third defendant, Derrick Dwayne Haase, now 21, of Topeka, pleaded no contest April 26 to a reduced charge of reckless second-degree murder. On July 22, Haase was sentenced to 10 years and 11 months in prison.
The victim's father, Duane Eberhardt, said that the Eberhardts tried to welcome Michelle and her two children, but that she was "unberable" and a "rat." Like good parents do, Duane tried to convince his son to divorce her, but Jerry claimed to still be in "love" with her. "Dad, I know you're right, but I love her," Jerry told his dad. "You’ve stolen part of my future. The father said he intended to live long enough "to urinate on you and your son's graves because neither one of you will survive your prison sentences."
The victim's mother Mary said that her son would protect his wife after Mosher would beat her when she refused to give him money for drugs. However, she repaid that concern with betrayal when after the murder, Michelle told Shawnee County deputies her husband was responsible for his murder. “Why? Why did you do it? Jerry loved you. We loved your family. Why did you betray us...“You killed Jerry. Scott just pulled the trigger. What mother would encourage her son to kill? You threw your son under the bus.”
At least one Topeka Capital-Journal commenter said that Jerry should have listened to his father instead of his heart regarding Michelle.
pleasurestud said,
Too bad the guy stayed with that wicked woman. He should have listened to his family to dump her sorry ass. In the end he loses his wife over "love"............whatever. It wasn't love.
Showing posts with label 50's victim. Show all posts
Showing posts with label 50's victim. Show all posts
Sunday, March 6, 2011
Sunday, August 22, 2010
Woman gets 6-15 years for blasting husband while sleeping
A 48 year old Michigan woman was sentenced on August 11, 2010 to 6-15 years in prison for shooting her husband, a Michigan State trooper, to death. 53 year old Sgt. Melvin Paul Holbrook was killed with gunshot blasts from his service revolver to his body on August 11, 2009. Both lived in the Michigan town of Beulah.
Joni Holbrook shot her husband multiple times as he slept in their Benzie County home, then called 911 and reported the incident. She pleaded guilty last month to second-degree murder after agreeing to a last-minute plea deal the day before her jury trial was set to begin.
Joni Holbrook told [Benzie Circuit Judge James]Batzer when she entered her plea that she killed her husband because he subjected her to years of mental, physical and sexual abuse. Batzer later told the Record-Eagle that Holbrook's attorneys had "considerable evidence" she had been sexually battered and abused, and he took that evidence into account for her sentence.
Joni's statement to her victim's family echoed those remarks. ""I am sorry that my actions have taken someone so special away from you," she said. "I don't look at myself as a killer. I look at myself as a survivor."
Joni's attorney Jesse Williams said that the sentenced for her husband's killing, "a matter of self defense," was better than he thought. "The outcome was better than people expected. I didn't know what to expect. This court and this judge gave her a fair shake down."
State police Lt. Bill Elliott, who worked with the victim at the Traverse City post for two decades, said "It's just a very difficult situation. I don't know what the right answer would have been, but I was surprised to hear how lenient the sentence was." The victim's sister, Meleen Froman, said "I just think it's a mockery. I just think it's sad. I'm a little angry now." Froman traveled from Oklahoma to MIchigan for the sentencing.
Judge Batner explained to the detractors of the plea deal why their was a 15 year maximum for Joni's sentencing. "The law is an imperfect vehicle, but it's what we have. I know this sentence is going to be unsatisfactory to parties aligned on both sides. There is nothing that this court can do ... that can make it satisfactory."
Joni Holbrook shot her husband multiple times as he slept in their Benzie County home, then called 911 and reported the incident. She pleaded guilty last month to second-degree murder after agreeing to a last-minute plea deal the day before her jury trial was set to begin.
Joni Holbrook told [Benzie Circuit Judge James]Batzer when she entered her plea that she killed her husband because he subjected her to years of mental, physical and sexual abuse. Batzer later told the Record-Eagle that Holbrook's attorneys had "considerable evidence" she had been sexually battered and abused, and he took that evidence into account for her sentence.
Joni's statement to her victim's family echoed those remarks. ""I am sorry that my actions have taken someone so special away from you," she said. "I don't look at myself as a killer. I look at myself as a survivor."
Joni's attorney Jesse Williams said that the sentenced for her husband's killing, "a matter of self defense," was better than he thought. "The outcome was better than people expected. I didn't know what to expect. This court and this judge gave her a fair shake down."
State police Lt. Bill Elliott, who worked with the victim at the Traverse City post for two decades, said "It's just a very difficult situation. I don't know what the right answer would have been, but I was surprised to hear how lenient the sentence was." The victim's sister, Meleen Froman, said "I just think it's a mockery. I just think it's sad. I'm a little angry now." Froman traveled from Oklahoma to MIchigan for the sentencing.
Judge Batner explained to the detractors of the plea deal why their was a 15 year maximum for Joni's sentencing. "The law is an imperfect vehicle, but it's what we have. I know this sentence is going to be unsatisfactory to parties aligned on both sides. There is nothing that this court can do ... that can make it satisfactory."
Saturday, July 10, 2010
Drug addict, batterer sentenced to life without parole for killing of "girlfriend"
A Michigan man with a history of violence against woman was sentenced to life without parole Monday, July 5 in the strangulation murder of his "girlfriend." Oakland County Circuit Judge Colleen O'Brien sentenced 50 year old Joseph Susalla, of Howell, MI to life without parole for the 1st degree murder of 50 year old Kelley Duberg, 50, of Wixom, MI.
Susalla, with a history of drug and alcohol abuse and a criminal record for violence against women, was convicted by a jury after under an hour of deliberation last month on the murder charge. Lawrence Kaluzny, Susalla's attorney, hopes that even though his client faced the mandatory life without parole sentence, that Susalla would get drug and alcohol treatment in prison.
Duberg and Susalla had dated for several months. Susalla strangled Duberg in her Wixom apartment on May 22, 2009, authorities said, because he was angry she wanted to break up. He then drove to an area near Grayling and buried her body on his family's property. Michigan State Police, acting on a tip from his mother, found the body on June 5, 2009, in a shallow grave, nude and wrapped in a shower curtain. Duberg had been beaten and strangled with twine.
The victim's sister, Kimberly Arresto, said her sister was a smart and funny woman who adored her cat Peaches. "The world was a better place when Kelley was with us," Arresto said.
Judge O'Brien said that while the life sentence handed down was mandatory, it was also deserved for the attack on Duberg. "You left a gaping hole in her family and her community. I've seen very little remorse...The defendant is not fit to live in society."
Susalla, with a history of drug and alcohol abuse and a criminal record for violence against women, was convicted by a jury after under an hour of deliberation last month on the murder charge. Lawrence Kaluzny, Susalla's attorney, hopes that even though his client faced the mandatory life without parole sentence, that Susalla would get drug and alcohol treatment in prison.
Duberg and Susalla had dated for several months. Susalla strangled Duberg in her Wixom apartment on May 22, 2009, authorities said, because he was angry she wanted to break up. He then drove to an area near Grayling and buried her body on his family's property. Michigan State Police, acting on a tip from his mother, found the body on June 5, 2009, in a shallow grave, nude and wrapped in a shower curtain. Duberg had been beaten and strangled with twine.
The victim's sister, Kimberly Arresto, said her sister was a smart and funny woman who adored her cat Peaches. "The world was a better place when Kelley was with us," Arresto said.
Judge O'Brien said that while the life sentence handed down was mandatory, it was also deserved for the attack on Duberg. "You left a gaping hole in her family and her community. I've seen very little remorse...The defendant is not fit to live in society."
Tuesday, June 29, 2010
Hospital groper sentenced to 16 to 36 months in prison
A hospital groper was sentenced to a prison term of 16 months to 3 years for groping a woman he didn't know in a Lansing, MI hospital. 52 year old Rochester Terrell, a felon with prior convictions for retail fraud and posession of a gun by a felon, was sentenced as a habitual offender Wednesday, June 23 in Ingham County Circuit Court.
It was the afternoon of March 4, the woman recalled. She had gone to the emergency room because of a blood sugar problem and eventually was transferred to a private room. She was starting to drift off to sleep when 52-year-old Rochester Terrell - wearing a leather jacket over a collared shirt and dress pants - walked up to her bed and offered her the gold-and-yellow box of chocolates. "I told him, 'no, I'm a diabetic,' " she recalled.
Discreetly, so he wouldn't see, she tried to press the button that would call a nurse. But instead, the television changed channels. "I kept asking him who he wanted to see, and he said: 'Just anybody,' " the woman said.Eventually, the woman said Terrell touched her inappropriately and then tried to lift up her dress. At that point, she didn't care if he saw her press the button to call the nurse.
The victim told the nurse to "get in the room real quick." Terrell looked at the victim and asked "Why?" before packing up his stuff and leaving. Hospital security apprehended Terrell and handed him over to police.
The incident has called into question Sparrow Hospital's security. A task force has recommended changes to the hospital's procedures. Hospital spokesman John Berg said "We're asking associates to ask questions, ask people if they are visiting, to check in and get a visitor's badge."
"Our security has a fairly active presence. The question is, how do we improve that?"
Saturday, June 5, 2010
Rape-slaying of retired St. Louis journalist nets sex offender life without parole
A man with a history of sex crimes got life without parole Tuesday, June 1 for the rape-slaying of a retired St. Louis journalist. Nancy Miller, 59, was slain February 1, 2008 by a repeat sex offender. Brian Walters, who turned 30 the day of the sentencing, broke into Miller's Chesterfield, MO condo and attacked her when she encountered him. After raping Miller, Walters stabbed Miller with a knife until it broke, then got another knife he used to slit her throat. She didn't die immediately, even after Miller left and poured bleach over her body, which an autopsy showed suffered 50 stab wounds.
He was arrested in 1999 in Charlotte, N.C., accused of beating and raping a teenage girl there, according to police and court records. He pleaded guilty to misdemeanor charges of assault and false imprisonment. A judge sentenced Walters to 120 days in jail and released him on time served. Later that year, a police officer found Walters outside Parkway North High School before dawn. Walters drove at the officer, who got out of the way.
Months later, Walters was charged with several burglaries in Maryland Heights. During one, he had cut the screen of the apartment of three female college students and stolen a pair of underwear from each of their dressers. For the encounter at Parkway and the burglaries, Walters was imprisoned for 2½ years.
In May 2003, he was caught in the garage of a home in Chesterfield. Police said he had been casing homes and keeping a journal of the comings and goings of women. He was sentenced to seven years for the burglary and paroled after serving about 4½ years.
St. Louis County Prosecuting Attorney Robert McCulloch originally sought the death penalty for Walters, but the perpetrator's mother's cooperation with the investigation led McCulloch to offer Walters a plea deal. That deal, which Walters took, featured a sentenced of two life without parole terms plus 45 years. "Today marks the end of a tragic situation. From the very beginning of this case, my primary concern was justice for Nancy Miller and the members of her family. This … was an appropriate sentence, all things considered."
During the sentencing hearing, presided over by Circuit Judge Richard C. Bresnahan, Walters never made a statement, but the victim's brother, Ben Nix did. "Nancy was the glue that made us even closer. She was the most loving, giving, caring human being on this Earth." Nix went on to tell how friends put together a memorial book, featuring her old St. Louis Post Dispatch columns.
He was arrested in 1999 in Charlotte, N.C., accused of beating and raping a teenage girl there, according to police and court records. He pleaded guilty to misdemeanor charges of assault and false imprisonment. A judge sentenced Walters to 120 days in jail and released him on time served. Later that year, a police officer found Walters outside Parkway North High School before dawn. Walters drove at the officer, who got out of the way.
Months later, Walters was charged with several burglaries in Maryland Heights. During one, he had cut the screen of the apartment of three female college students and stolen a pair of underwear from each of their dressers. For the encounter at Parkway and the burglaries, Walters was imprisoned for 2½ years.
In May 2003, he was caught in the garage of a home in Chesterfield. Police said he had been casing homes and keeping a journal of the comings and goings of women. He was sentenced to seven years for the burglary and paroled after serving about 4½ years.
St. Louis County Prosecuting Attorney Robert McCulloch originally sought the death penalty for Walters, but the perpetrator's mother's cooperation with the investigation led McCulloch to offer Walters a plea deal. That deal, which Walters took, featured a sentenced of two life without parole terms plus 45 years. "Today marks the end of a tragic situation. From the very beginning of this case, my primary concern was justice for Nancy Miller and the members of her family. This … was an appropriate sentence, all things considered."
During the sentencing hearing, presided over by Circuit Judge Richard C. Bresnahan, Walters never made a statement, but the victim's brother, Ben Nix did. "Nancy was the glue that made us even closer. She was the most loving, giving, caring human being on this Earth." Nix went on to tell how friends put together a memorial book, featuring her old St. Louis Post Dispatch columns.
Tuesday, April 27, 2010
Boulder, CO woman who stabbed husband in heart pleads to negligent homicide - gets 90 days JAIL with work release
(Original Post 2-13-10)
A 32 year old Boulder, CO woman who stabbed her husband pled guilty to criminal negligent homicide after stabbing her husband, John Houseman, to death with a kitchen knife. Traci Housman was originally charged with 2nd degree murder, which carried a sentence of 10-32 years in prison. Criminally negligent homicide carries a 1-3 year prison sentence. In 2007, the couple met on Myspace after a 20 year off and on relationship. They were married in June 2008.Boulder County District Court Judge Maria Berkenkotter has discretion in sentencing as the guilty plea was "blind." Matthew Connell, Traci's public defender, plans to ask for a probation sentence for his client because of the victim's history of domestic violence. Police reports and one of John's ex-wives tell of his violent tendencies. He was ticked by police in 2001 after death threats and "basking her face in."
According to police, Housman stabbed her husband once in the chest with a kitchen knife during an altercation in their 2994 23rd St. home early on Aug. 2. Housman told investigators that they had been drinking on the Pearl Street Mall earlier in the night and ended up at a nearby sushi restaurant, where John Housman started telling people, "I'm gay," according to a police report.
Traci Housman told detectives that her husband had told her years ago that he was bisexual, and she had no problem with it. But, according to police, she told him that night "that it was disrespectful for him to announce this to everyone since they were married."
They got into an argument, and Traci Housman decided to walk home, the report said. When she arrived, her husband was waiting, "and he was angry," according to the report.
Traci Housman told police that her husband pushed her into a wall, grabbed her hair and hit her head several times. She told detectives that he pushed her head into a glass framed picture, causing it to break, and she eventually got away to grab a knife from the kitchen, according to police.
"Traci said she poked out at John with one of the knives she had grabbed, and he suddenly stopped his attack," the report said.
Housman said she ran to the backyard, and when she went back into the house, she found John Housman sitting up against a wall with a large wound where she had "poked him," the report said. She immediately began CPR, according to police, and called 911 twice.
Stewart Lundstrom, Traci's brother, said "We are saddened that we can't be there for her with such an important choice to make. Please note that although we are stuck here, our hearts are with Traci, whatever her decision may be." Lundstrom and Traci's mother attended all of her hearings except the plea agreement, which they missed due to a snowstorm. Traci will be sentenced on April 23, and is being held in the Boulder County Jail on $250,000 bail.
(Update 4-27-10) Last Friday, Housman was sentenced by Boulder County District Court Judge Maria Berkenkotter to 7 years probation, 400 hours of community service and 90 days in the Boulder County jail's work release program. "It's completely undisputed that Mrs. Housman stabbed Mr. Housman...The dents in the wall that were made by John slamming Mrs. Housman's head into the wall are powerful evidence of what happened that evening...I am persuaded that Mrs. Housman is genuinely and profoundly remorseful for her actions."
Hope Housman, the victim's daughter, had a letter about the loss of her father read by Boulder County Deputy District Attorney David Cheval. "I was daddy's girl. I never thought about how life would be without daddy. Words can't explain how I feel. There's a hole in my heart."
None of John Housman's family members or friends were in the courtroom Friday, while numerous friends and family members showed up to support Traci Housman. Deputy District Attorney Amy Okubo said John Housman's supporters stayed away because they didn't want to hear bad things about the man they loved.
Matthew Connell, defense attorney for Housman, said he didn't want to insult John Housman during the hearing, "but I don't know how to talk about this case and ignore the fact that John Housman was very severely beating up Traci Housman that night."
Traci herself said in mitigation, "I know how excited they [John and Hope]were for all those things, and now [Hope will] have to feel his absence at all of those milestones...But John was different that night. I saw it in his eyes...I really loved John, and I still do. Know that I never wanted this to happen."
The 90 day jail sentence will be suspended once Traci finds employment, something a defense attorney said will be at a local gas station. As for the community service, her father John Lundstrom said "The community service -- that's not punishment to her. That's what she loves to do."
Sunday, March 28, 2010
Woman sentenced to life without parole for shooting ex-"girlfriend" after argument
A Manatee, FL woman who was convicted of killing her ex-"partner" was sentenced to life without parole Friday, March 19. Cynthia Monson, 51, was sentenced to the mandatory life without parole term for the murder of her ex, Patricia Thomas January 2009. While Monson's attorney claimed self-defense, Assistant State Attorney Art Brown said that Monson's re-enactment of the killing proved intent to kill.
“Even though she claimed she was in fear ... she kept adjusting her arm so she could shoot her in the head. It really became clear that it was done with intent and not in self-defense.”
At the time of her arrest, Monson told detectives she and Thomas had been arguing about their past relationship and custody of a child they adopted together.
Monson told detectives that she bought a gun on Jan. 13 after several arguments with Thomas in the weeks prior to the shooting. Four days later Thomas arrived at Monson’s home, in the 6400 block of Second Avenue Northeast, and they argued.
Thomas claimed to have a gun in her vehicle and Monson “determined at that time that it was her or the victim,” sheriff’s reports state. Prosecutors say Monson then opened fire on her ex-girlfriend with the revolver she had obtained days prior. Sheriff’s report say she shot Thomas five times, including in the back of the head.
The Manatee County jury took only two hours to convict Monson. The victim and perp were a couple for a dozen years, up until just before the shooting.
Monday, February 22, 2010
Repeat sex offender sentenced to 40 years for rape
In the hours prior to the early-morning assault, the 23-year-old Iliff got drunk following a fight with his girlfriend. Iliff then drove into a residential neighborhood in south Jefferson County carrying duct tape and rope in a backpack.Iliff failed to get into the first home he tried to invade: He pried out window screens, cut the phone line and attempted unsuccessfully to pry the metal security bar out of the track of a sliding glass door.
He went next door and was able to get in. Inside the second home, the woman awoke to find Iliff with his hand over her mouth. He sexually assaulted the victim and then ran from the home. The victim immediately called 911 and was careful not to disturb any evidence left by her assailant, according to the Jefferson County Sheriff's Department.
Law enforcement lifted Iliff's fingerprints from the crime scene, leading to his arrest.
Jefferson County District Attorney Scott Storey priased the victim, saying, "The victim in the case showed extraordinary courage. She has serious health issues that have been exacerbated by the trauma of the sexual assault. In this case, with her full agreement, we let the defendant plead guilty to avoid going to trial and having to put the victim through the difficult process."
Sunday, November 8, 2009
NYC incest victim gets 5 - 15 for castration death of father, her abuser
An incest victim was sentenced to 5-15 years in prison Friday for cutting off her father (and perp's) penis while he bled to death. Brigitte Harris was convicted of 2nd manslaughter after a two week trial. Jurors acquitted her of 2nd degree murder and 1st degree manslaughter charges after 3 hours of deliberation on September 30. Judge Arthur Cooperman, who presided over the trial in Queens Supreme Court, sentenced Harris. Harris was beaten and raped by her father, a Liberian citizen, since she was 3.
Ms. Harris, 28, contends that she did not intend to kill her father, 55-year-old St. George [Staten Island]resident Eric Goodridge, after luring him to her Far Rockaway [Queens] apartment on July 28, 2007. Prosecutors say Harris lured Goodridge, 55, to her Beach 69th St. apartment on July 28, 2007, handcuffed him to a chair and stuck a towel in his mouth.
She then removed his penis with a surgical scalpel.
She admitted to cooking the evidence on a stove because she had learned from researching the John Bobbitt case that a penis can be reattached. She simply wanted to dismember him to prevent him from sexually abusing anyone else. He was found handcuffed and beaten, with his genitals severed and a towel stuffed in his mouth.
Harris acted after learning that he was planning to take his sister's daughters back to Liberia, where he was born. "There was no way I could let it continue. I did it because I couldn't let my sister's children go through that...I don't know why I didn't take the towel out of his mouth.I didn't want him to hurt anybody else."
Harris told her sister, aunts, and other relatives about the incest, but they did not believe her. "No matter what he did, he's still your father," one aunt said. "The people who did know me should have known I wasn't lying. They knew me. They knew I wasn't that type."
The unusual case flipped the common dynamic that a jury is supposed to feel sympathy for the victim and at least some aversion toward the defendant. One juror called Goodridge “a sick pedophile”; others agreed with the prosecutor’s statement that he was "despicable.” On the other hand, at least 10 jurors said they plan to write letters to the judge and the parole board to ask that Ms. Harris be set free on time served.
“No one should have to go through what she had gone through. I just felt to put her away for another 30 or 40 years is not justice. Hopefully, she will get the help she needs and be able to make a life for herself when she gets out,” said one of the jurors.
Cooperman acknowledged the findings of mental health professionals who agreed Goodridge repeatedly sexually abused his daughter from age 3, but he cautioned against victims taking the law into their own hands.
"Sometimes, the crime itself warrants punishment," he said
“[Jurors] came back with a just verdict, but the judge came back [and said] ‘give her the max’ without even thinking,” said Harris' attorney Arthur Aidala, who represented her pro bono.
On Riker's Island, the jail for NYC residents awaiting trial, Harris' interests include vampire books, and ironically, cooking classes. She has also found out that many incarcerated female inmates have their own incest histories. "I try to tell them that if they did it to you, they could do it to someone else," she said.
Saturday, September 26, 2009
Estranged husband sentence to life without parole for rape-slaying of wife
A Kansas man who raped, then smothered his estranged wife to death was sentenced to life without parole Thursday. Jerome Overstreet, 52, was sentenced after six hours of jury deliberation in the murder of his 51 year old wife Vicki, who he met while he was serving time in prison. Vicki was found dead in her Euless, TX apartment on November 12, 2007 after her grown son hadn't heard from her. The grown son, Lamont Webb, and Vicki's parents came to the trial from Kansas.
Although witnesses testified that Jerome Overstreet physically abused his wife during their 11-year marriage, he had visited her several times in Euless and had made another trip there to reconcile with her the weekend she died. Authorities believe that Jerome Overstreet killed her because she changed her mind about reconciling.
Questioned about his wife’s murder, Jerome Overstreet denied even being in Euless the weekend she died, Foran said.
But investigators obtained cellphone records, a Kroger surveillance tape and store receipts placing the defendant within a mile of his wife’s apartment shortly after she was last seen, Foran said.
Forensic experts also matched carpet fibers, glitter and beads found in a vacuum canister in Jerome Overstreet’s Wichita home to carpet from his wife’s apartment and glitter and beads from her clothing, he said.
And DNA experts matched Jerome Overstreet’s semen to that found on the carpet in his wife’s apartment, Foran said.
According to Steven King, Jerome's lawyer, the DNA evidence could be explained by the attempted reconciliation of the victim and the suspect. Because prosecutors declined to seek the death penalty, the only possible sentence was life without parole, introduced by Texas in 2006.
Although witnesses testified that Jerome Overstreet physically abused his wife during their 11-year marriage, he had visited her several times in Euless and had made another trip there to reconcile with her the weekend she died. Authorities believe that Jerome Overstreet killed her because she changed her mind about reconciling.
Questioned about his wife’s murder, Jerome Overstreet denied even being in Euless the weekend she died, Foran said.
But investigators obtained cellphone records, a Kroger surveillance tape and store receipts placing the defendant within a mile of his wife’s apartment shortly after she was last seen, Foran said.
Forensic experts also matched carpet fibers, glitter and beads found in a vacuum canister in Jerome Overstreet’s Wichita home to carpet from his wife’s apartment and glitter and beads from her clothing, he said.
And DNA experts matched Jerome Overstreet’s semen to that found on the carpet in his wife’s apartment, Foran said.
According to Steven King, Jerome's lawyer, the DNA evidence could be explained by the attempted reconciliation of the victim and the suspect. Because prosecutors declined to seek the death penalty, the only possible sentence was life without parole, introduced by Texas in 2006.
Thursday, September 24, 2009
Frederick, MD man gets 7 years for raping mother's friend
A Frederick, MD man was sentenced to a 7 year sentence Tuesday, September 23 for the rape of his mother's friend, distraught over the recent breakup with a boyfriend. According to the presiding judge, only the victim's request for leniency prevented the now 23 year old Corey Andrew Bailey from being sentenced to the maximum sentence for 2nd degree rape in Maryland, 20 years.
Judge G Edward Dwyer Jr. stated that the victim was vulnerable and that "she had gone to your mother ... and you took advantage of her. Fortunately for you, but for her request, you would be spending a longer period of time in prison. If you violate probation, you'll be facing 13 more years."
The afternoon of Feb. 25, Bailey visited the woman after learning she was upset about an argument with her boyfriend, according to testimony Tuesday in Frederick County Circuit Court.
While sharing a 12-pack of beer, Bailey told the woman, "Anyone would be lucky to have you," the woman told police, Angel said in court Tuesday. She declined his offer of a kiss on the neck, telling him "she only wanted a friend," [Maryland Assistant State's Attorney Lindell K.] Angel said.
Fatigued, the woman fell asleep on the couch. She woke up to the sex assault, Angel said. He ignored her when she told him to stop and hit him with her fist.
The victim did not attend the sentencing even though she arranged the plea agreement because according to Angel, "The victim is very, very anxious. She did not want to face him."
Bailey will face 3 years of post release supervision after release from prison. He is ordered not to contact the victim, stay drug and alcohol free, and register as a violent sex offender.
Judge G Edward Dwyer Jr. stated that the victim was vulnerable and that "she had gone to your mother ... and you took advantage of her. Fortunately for you, but for her request, you would be spending a longer period of time in prison. If you violate probation, you'll be facing 13 more years."
The afternoon of Feb. 25, Bailey visited the woman after learning she was upset about an argument with her boyfriend, according to testimony Tuesday in Frederick County Circuit Court.
While sharing a 12-pack of beer, Bailey told the woman, "Anyone would be lucky to have you," the woman told police, Angel said in court Tuesday. She declined his offer of a kiss on the neck, telling him "she only wanted a friend," [Maryland Assistant State's Attorney Lindell K.] Angel said.
Fatigued, the woman fell asleep on the couch. She woke up to the sex assault, Angel said. He ignored her when she told him to stop and hit him with her fist.
The victim did not attend the sentencing even though she arranged the plea agreement because according to Angel, "The victim is very, very anxious. She did not want to face him."
Bailey will face 3 years of post release supervision after release from prison. He is ordered not to contact the victim, stay drug and alcohol free, and register as a violent sex offender.
Sunday, September 13, 2009
Man convicted of HIV positive rape - sentencing date scheduled for September 25
(Original Post 2-24-09)
A Nigerian immigrant to Canada was convicted of aggravated sexual assault for raping his ex-"girlfriend," causing her to be infected with HIV. William-Imona Russel, 35, was also convicted of beating and endangering the 58 year old victim's life. Ontario Superior Court Justice John McMahon stated that "there's no absolute proof" that Imona-Russel infected the victim.
The judge found him guilty of assault causing bodily harm, assault with a weapon, threatening death, attempted aggravated sexual assault to endanger life and two counts of sexual assault.
"I do not find Mr. Imona-Russel to be a forthright witness," McMahon said, noting his testimony was not only contradicted by other witnesses but was internally inconsistent.
The judge found that long after Imona-Russel and his former girlfriend ceased to have consensual sex, he visited her apartment on March 3, 2005, pushed, slapped and kicked her, stood on her chest, threw her on her bed, and threatened to kill her with a power drill before having forced intercourse.
On March 13, he returned, pushing open the bathroom door she was cowering behind, grabbed her throat and raped her again. A few days later, the woman complained to police, who had a pair of her underwear tested for Imona-Russel's semen. The test was positive.
Police also urged the woman to get tested for HIV. She was infected.
Imona-Russel stated that he came to Canada claiming refugee status April 2003, then met the victim in an apartment building near the airport. They started having sex until an immigration doctor told him he was HIV positive, and they never had sex again. However, the judge stated that he tested positive for HIV a month before he stopped having sex with his victim.
The victim suffers from PTSD and substance abuse. Imona-Russel is facing charges that in 2006, he stabbed another woman to death.
(Update 9-13-09) Imona-Russel's sentence, according to Crown prosecutor Julia Forward, should be 8 to 10 years for his "violent and callous" crime against his victim. "She's infected because of his selfish indifference and that is something she'll have to deal with for the rest of her life," Foward opined in her argument before Justice John McMahon in Imona-Russel's sentencing hearing.
Lawyer Ferhan Javed, appointed by Justice McMahon to represent Imona-Russell after he fired other attorneys, argued for a 4 to 6 year sentence. Even though the sentencing hearing was Friday, September 11, his actual sentence will be meted out two weeks later, on September 25.
A Nigerian immigrant to Canada was convicted of aggravated sexual assault for raping his ex-"girlfriend," causing her to be infected with HIV. William-Imona Russel, 35, was also convicted of beating and endangering the 58 year old victim's life. Ontario Superior Court Justice John McMahon stated that "there's no absolute proof" that Imona-Russel infected the victim.
The judge found him guilty of assault causing bodily harm, assault with a weapon, threatening death, attempted aggravated sexual assault to endanger life and two counts of sexual assault.
"I do not find Mr. Imona-Russel to be a forthright witness," McMahon said, noting his testimony was not only contradicted by other witnesses but was internally inconsistent.
The judge found that long after Imona-Russel and his former girlfriend ceased to have consensual sex, he visited her apartment on March 3, 2005, pushed, slapped and kicked her, stood on her chest, threw her on her bed, and threatened to kill her with a power drill before having forced intercourse.
On March 13, he returned, pushing open the bathroom door she was cowering behind, grabbed her throat and raped her again. A few days later, the woman complained to police, who had a pair of her underwear tested for Imona-Russel's semen. The test was positive.
Police also urged the woman to get tested for HIV. She was infected.
Imona-Russel stated that he came to Canada claiming refugee status April 2003, then met the victim in an apartment building near the airport. They started having sex until an immigration doctor told him he was HIV positive, and they never had sex again. However, the judge stated that he tested positive for HIV a month before he stopped having sex with his victim.
The victim suffers from PTSD and substance abuse. Imona-Russel is facing charges that in 2006, he stabbed another woman to death.
(Update 9-13-09) Imona-Russel's sentence, according to Crown prosecutor Julia Forward, should be 8 to 10 years for his "violent and callous" crime against his victim. "She's infected because of his selfish indifference and that is something she'll have to deal with for the rest of her life," Foward opined in her argument before Justice John McMahon in Imona-Russel's sentencing hearing.
Lawyer Ferhan Javed, appointed by Justice McMahon to represent Imona-Russell after he fired other attorneys, argued for a 4 to 6 year sentence. Even though the sentencing hearing was Friday, September 11, his actual sentence will be meted out two weeks later, on September 25.
Wednesday, April 8, 2009
Australian sentenced to life for murder of "partner"
Nicole Cox, police reporter
April 08, 2009 06:15pm
A PERTH man who left his former de facto wife to die after viciously bludgeoning her with a brick and mallet has been sentenced to life in jail. Alan David Atherden, 61, of Wembley Downs, today pleaded guilty to the murder of Sylvia Murray, 58, on March 31 last year.
In sentencing, WA Supreme Court Justice John McKechnie said Atherden had shown "callous disregard'' for Ms Murray by leaving her critically injured without appropriate medical help.
He ordered Atherden to serve a minimum of 16 years behind bars before being eligible for parole.
Dressed in a navy blue jacket and dark jeans, Atherden sat expressionless in the dock, with his head bowed during today's proceedings.
The court heard that Atherden had been the subject of a violence restraining order that prevented him from contacting Ms Murray or being within 100m of her City Beach home.
Concerned that she was being stalked by her ex, Ms Murray took out a violence restraining order on March 17 - just days before she died.
But despite this, Atherden went to Ms Murray's house at 6am on March 31 last year to ask her to retract the violence restraining order. An argument broke out and Atherden attacked his ex-partner, hitting her three times with a rubber mallet and bashing her with a brick.
He then left the Drabble Rd unit where Ms Murray was clinging to life, without calling police or paramedics, disposed of the mallet in a neighbour's bin and attempted self harm. It was not until later that morning that Ms Murray's friend Graham Barber visited the house and discovered her groaning and lying in her front yard.
Ms Murray had sustained multiple head wounds, her hair was saturated with blood and she was shivering. She was rushed to hospital, but died two weeks later. Today, the court heard that the ferocity of the attack had caused injuries consistent with a high speed motor vehicle crash.
Justice McKechnie said he accepted that Atherden did not intend to kill or hurt his former partner when he went to her City Beach house on March 31, but said he had shown blatant disregard for Ms Murray's welfare by not calling an ambulance to help.
``You must have known how hard you had hit her about the head...You did nothing whatsoever to help,'' Justice McKechnie said.
``All the while Ms Murray was lying unconscious in the garden while the rain pouring down.''
``You never even tried (to help).''
Ms Murray's friend Bernadette Walker said she was satisfied with the sentence.
``Sylvia was brutally murdered by a man who refused to leave her alone and could not take no for an answer,'' she said.
Mr Barber said the sentence ensured that Atherden would be an elderly man once he was eligible for parole.
``I think the judge did a very good job in summing up what was a very cowardly, cruel and callous attack on a defenceless woman who was being stalked for some time by this man,'' Mr Barber said.
``(Finding Ms Murray injured) is something that I'll never forget. The injuries were terrible...The extent of her injuries were just so bad that she just would not have recovered.''
April 08, 2009 06:15pm
A PERTH man who left his former de facto wife to die after viciously bludgeoning her with a brick and mallet has been sentenced to life in jail. Alan David Atherden, 61, of Wembley Downs, today pleaded guilty to the murder of Sylvia Murray, 58, on March 31 last year.
In sentencing, WA Supreme Court Justice John McKechnie said Atherden had shown "callous disregard'' for Ms Murray by leaving her critically injured without appropriate medical help.
He ordered Atherden to serve a minimum of 16 years behind bars before being eligible for parole.
Dressed in a navy blue jacket and dark jeans, Atherden sat expressionless in the dock, with his head bowed during today's proceedings.
The court heard that Atherden had been the subject of a violence restraining order that prevented him from contacting Ms Murray or being within 100m of her City Beach home.
Concerned that she was being stalked by her ex, Ms Murray took out a violence restraining order on March 17 - just days before she died.
But despite this, Atherden went to Ms Murray's house at 6am on March 31 last year to ask her to retract the violence restraining order. An argument broke out and Atherden attacked his ex-partner, hitting her three times with a rubber mallet and bashing her with a brick.
He then left the Drabble Rd unit where Ms Murray was clinging to life, without calling police or paramedics, disposed of the mallet in a neighbour's bin and attempted self harm. It was not until later that morning that Ms Murray's friend Graham Barber visited the house and discovered her groaning and lying in her front yard.
Ms Murray had sustained multiple head wounds, her hair was saturated with blood and she was shivering. She was rushed to hospital, but died two weeks later. Today, the court heard that the ferocity of the attack had caused injuries consistent with a high speed motor vehicle crash.
Justice McKechnie said he accepted that Atherden did not intend to kill or hurt his former partner when he went to her City Beach house on March 31, but said he had shown blatant disregard for Ms Murray's welfare by not calling an ambulance to help.
``You must have known how hard you had hit her about the head...You did nothing whatsoever to help,'' Justice McKechnie said.
``All the while Ms Murray was lying unconscious in the garden while the rain pouring down.''
``You never even tried (to help).''
Ms Murray's friend Bernadette Walker said she was satisfied with the sentence.
``Sylvia was brutally murdered by a man who refused to leave her alone and could not take no for an answer,'' she said.
Mr Barber said the sentence ensured that Atherden would be an elderly man once he was eligible for parole.
``I think the judge did a very good job in summing up what was a very cowardly, cruel and callous attack on a defenceless woman who was being stalked for some time by this man,'' Mr Barber said.
``(Finding Ms Murray injured) is something that I'll never forget. The injuries were terrible...The extent of her injuries were just so bad that she just would not have recovered.''
Sunday, December 7, 2008
Hudson, WI caregiver accused of sexually assaulting patient
A 30 year old woman has been charged Monday, December 1 with 2nd degree sexual assault for having sex with a 56 year old mentally ill and chemically dependant man under her care in Hudson, WI, which is in St. Croix county, WI, not far from the Twin Cities. The sexual contact occured from May to September, according to the complaint. The suspect is the owner of the Heartview Inc. facility, and denies the more serious sex charges, but admits going into the victim's room and kissing him.
Carolyn Ann Lopez of Hudson had sexual intercourse on "numerous occasions" with the patient, now 56, the charges allege. He was being treated for mental illness and chemical dependency. Lopez indicated her duties included "one-to-one contact with residents, going to appointments, groups and shopping, and in getting to know the residents so that they could be appropriately matched with staff," the complaint said.
Lopez' next hearing in St. Croix County Circuit Court will be on December 12.
Carolyn Ann Lopez of Hudson had sexual intercourse on "numerous occasions" with the patient, now 56, the charges allege. He was being treated for mental illness and chemical dependency. Lopez indicated her duties included "one-to-one contact with residents, going to appointments, groups and shopping, and in getting to know the residents so that they could be appropriately matched with staff," the complaint said.
Lopez' next hearing in St. Croix County Circuit Court will be on December 12.
Tuesday, November 11, 2008
Husband who emotionally abused wife for 27 years gets 8 years for rape
An Illinois man was sentenced to prison for raping his then wife August of 2007 on November 7. Because of the lack of prior criminal history, his 8 year sentence was significantly lower than the victim's desire for a 15 year sentence.
On Sept. 17 in La Salle County Circuit Court, a jury found the 52-year-old Michael Karns guilty of one count of sexual assault, but not guilty of two other counts. Karns will get credit for time spent in the county jail since his conviction, but must otherwise serve at least 85 percent of his sentence, meaning a little more than three years.
The rape occurred Aug. 2, 2007, at the Karns' rural Sheridan house. Karns' wife filed for divorce a few days after, with the divorce finalized Sept. 25. Karns had been a heavy equipment operator for a company in Naperville and had a heart attack a few months after he was charged.
Prosecutor Matt Kidder wanted a sentence of eight years in prison. The minimum sentence permitted by law is four years in prison and the maximum is 15 years; probation was not an option.
In arguing for eight years, Kidder said Karns lied when he took the witness stand at trial as his testimony was at odds with an incriminating phone conversation Karns had with his wife that sheriff's office investigators had recorded with the wife's cooperation.
Kidder further said Karns' wife suffered physical and emotional pain from the assault, with Karns "betraying the sanctuary of their marriage and home," by violating the trust his wife had placed in him as her husband.
Kidder said that the wife wanted the maximum sentence, 15 years for the class 1 felony, but due to the lack of prior criminal history, acknowledged that the maximum sentence was not realistic. "We can more readily accept a stranger doing this than a husband."
Fred Morelli, Karns’ attorney, used the lack of criminal history and the work history he had before the rape to argue for the minimum 4 year sentence.
Morelli also brought up discrepancies between the phone conversation and Karns’ testimony suggesting that he tried to make up with his then wife, summing the assault as “an total aberration.”
Karns, when he testified, asked for forgiveness not just from his victim, but the two sons they had together. "I hope the healing process will be a quick one for, first my ex-wife and then my family."
Judge Raccuglia stated that during the 27 year marriage, that Karns controlled his victim without physical abuse. Raccuglia believed that the victim wanted the maximum sentence for the years of control as well as the rape, but that she could not do that. "I can't punish Mr. Karns for the years he kept his wife a prisoner."
It has a name – emotional/mental abuse. There does not have to be sexual or physical assault to have a victim and a perpetrator.
Raccuglia also took note Karns had no prior run-ins with the law, except for a few traffic tickets -- a rare occurrence for a person convicted of such a serious offense as is Karns. She added she doubted Karns would again commit a sex assault and he probably didn't believe he did anything wrong.
Believing that you did not do anything wrong is usually an aggravating factor since this is a sign of arrogance and entitlement.
Judge Raccuglia made this curious statement about the perp's "love" for his victim.
"He loved her to the point of detriment to himself and his family." Nope, that’s not love – that’s obsession, power and control disguised as love.
On Sept. 17 in La Salle County Circuit Court, a jury found the 52-year-old Michael Karns guilty of one count of sexual assault, but not guilty of two other counts. Karns will get credit for time spent in the county jail since his conviction, but must otherwise serve at least 85 percent of his sentence, meaning a little more than three years.
The rape occurred Aug. 2, 2007, at the Karns' rural Sheridan house. Karns' wife filed for divorce a few days after, with the divorce finalized Sept. 25. Karns had been a heavy equipment operator for a company in Naperville and had a heart attack a few months after he was charged.
Prosecutor Matt Kidder wanted a sentence of eight years in prison. The minimum sentence permitted by law is four years in prison and the maximum is 15 years; probation was not an option.
In arguing for eight years, Kidder said Karns lied when he took the witness stand at trial as his testimony was at odds with an incriminating phone conversation Karns had with his wife that sheriff's office investigators had recorded with the wife's cooperation.
Kidder further said Karns' wife suffered physical and emotional pain from the assault, with Karns "betraying the sanctuary of their marriage and home," by violating the trust his wife had placed in him as her husband.
Kidder said that the wife wanted the maximum sentence, 15 years for the class 1 felony, but due to the lack of prior criminal history, acknowledged that the maximum sentence was not realistic. "We can more readily accept a stranger doing this than a husband."
Fred Morelli, Karns’ attorney, used the lack of criminal history and the work history he had before the rape to argue for the minimum 4 year sentence.
Morelli also brought up discrepancies between the phone conversation and Karns’ testimony suggesting that he tried to make up with his then wife, summing the assault as “an total aberration.”
Karns, when he testified, asked for forgiveness not just from his victim, but the two sons they had together. "I hope the healing process will be a quick one for, first my ex-wife and then my family."
Judge Raccuglia stated that during the 27 year marriage, that Karns controlled his victim without physical abuse. Raccuglia believed that the victim wanted the maximum sentence for the years of control as well as the rape, but that she could not do that. "I can't punish Mr. Karns for the years he kept his wife a prisoner."
It has a name – emotional/mental abuse. There does not have to be sexual or physical assault to have a victim and a perpetrator.
Raccuglia also took note Karns had no prior run-ins with the law, except for a few traffic tickets -- a rare occurrence for a person convicted of such a serious offense as is Karns. She added she doubted Karns would again commit a sex assault and he probably didn't believe he did anything wrong.
Believing that you did not do anything wrong is usually an aggravating factor since this is a sign of arrogance and entitlement.
Judge Raccuglia made this curious statement about the perp's "love" for his victim.
"He loved her to the point of detriment to himself and his family." Nope, that’s not love – that’s obsession, power and control disguised as love.
Sunday, October 26, 2008
Cinnaciti area woman gets 13 years for attempting to kill husband
By Kimball Perry • kperry@enquirer.com • October 17, 2008
There are two sides to Billie Jo Harris.
Her family and friends insist she is a kind, loving person who gave freely of her time and heart.
"My mom has spent a lifetime taking care of others," Daryl Brewer said Thursday.
Hamilton County Assistant Prosecutor Anita Vizedom said the 56-year-old grandmother of 18 is evil and deserves a stiff prison sentence for blasting a hole in her husband, Jeffrey, and almost killing him.
"The only word that can be used to describe her is 'wicked,'" Vizedom told Common Pleas Judge Charles Kubicki Jr.
Last month, a jury convicted Harris, of Green Township, of attempted murder and felonious assault. Thursday, the judge sent her to prison for 13 years.
Her family and friends begged the judge for leniency. They said she was a wonderful woman who was active in church, providing for the elderly and watching her grandchildren, they said, despite 11 surgeries for cancer, a bad back and having fingers amputated because of illness.
"She is not the lazy drunkard that she was portrayed to be during the trial," her son said.
On the night of Jan. 10, her husband came home from his bakery delivery job, he said, to find his wife drunk and belligerent, accusing him of infidelity.
He told her he was sick of her drinking, was leaving and wanted a divorce. He left the house but quickly returned to retrieve his medication. When he walked in the house, his wife was 3 feet away and used a shotgun to shoot him in the stomach.
As he was on the floor she refused to call 911, kicked him in the stomach and hit him in the head with an ash tray.When police arrived, she refused to let them in as her husband was bleeding next to her. She also told her husband if she was going to jail, he was going to die.
Vizedom said phone calls from Harris when she was in jail immediately after the shooting reveal the real woman. In those taped calls, Harris asked her family to take anything of value from her house. She told them to get the title to the car and turn off the utilities.
And she wanted one more thing.
"She really wanted the karaoke machine," Vizedom said. "That's what she was concerned with as her husband lay in the hospital with a 50-50 chance of dying."
"You brutally shot your husband in his stomach with a shotgun and stood over him wishing him death while he struggled to phone for help," the judge told Harris.
Harris insisted she didn't shoot her husband - even though they were the only people in the house.
"No matter what he's done, I do love him," said Harris. "He knows I didn't do this."
Wrong, her husband said. He begged the judge to send his wife to prison for the maximum. He has had five surgeries since the shooting and still carries lead in his body. Because the shotgun blast destroyed his stomach muscles, he has to wear a compression vest.
"I have been sentenced for the rest of my life," he said. "I have lost everything I worked for."
There are two sides to Billie Jo Harris.
Her family and friends insist she is a kind, loving person who gave freely of her time and heart.
"My mom has spent a lifetime taking care of others," Daryl Brewer said Thursday.
Hamilton County Assistant Prosecutor Anita Vizedom said the 56-year-old grandmother of 18 is evil and deserves a stiff prison sentence for blasting a hole in her husband, Jeffrey, and almost killing him.
"The only word that can be used to describe her is 'wicked,'" Vizedom told Common Pleas Judge Charles Kubicki Jr.
Last month, a jury convicted Harris, of Green Township, of attempted murder and felonious assault. Thursday, the judge sent her to prison for 13 years.
Her family and friends begged the judge for leniency. They said she was a wonderful woman who was active in church, providing for the elderly and watching her grandchildren, they said, despite 11 surgeries for cancer, a bad back and having fingers amputated because of illness.
"She is not the lazy drunkard that she was portrayed to be during the trial," her son said.
On the night of Jan. 10, her husband came home from his bakery delivery job, he said, to find his wife drunk and belligerent, accusing him of infidelity.
He told her he was sick of her drinking, was leaving and wanted a divorce. He left the house but quickly returned to retrieve his medication. When he walked in the house, his wife was 3 feet away and used a shotgun to shoot him in the stomach.
As he was on the floor she refused to call 911, kicked him in the stomach and hit him in the head with an ash tray.When police arrived, she refused to let them in as her husband was bleeding next to her. She also told her husband if she was going to jail, he was going to die.
Vizedom said phone calls from Harris when she was in jail immediately after the shooting reveal the real woman. In those taped calls, Harris asked her family to take anything of value from her house. She told them to get the title to the car and turn off the utilities.
And she wanted one more thing.
"She really wanted the karaoke machine," Vizedom said. "That's what she was concerned with as her husband lay in the hospital with a 50-50 chance of dying."
"You brutally shot your husband in his stomach with a shotgun and stood over him wishing him death while he struggled to phone for help," the judge told Harris.
Harris insisted she didn't shoot her husband - even though they were the only people in the house.
"No matter what he's done, I do love him," said Harris. "He knows I didn't do this."
Wrong, her husband said. He begged the judge to send his wife to prison for the maximum. He has had five surgeries since the shooting and still carries lead in his body. Because the shotgun blast destroyed his stomach muscles, he has to wear a compression vest.
"I have been sentenced for the rest of my life," he said. "I have lost everything I worked for."
Friday, September 26, 2008
Cross country RVer sentenced to 15 years for choking wife to death
A California man who choked to death his wife on August 14, 1992, a day after her 53rd birthday was sentenced to 15 years in prison Monday, a term considered to be life equivalent due to his failing health. Robert Kirkup, now 68, was arrested after one of the three daughters suspected her father's involvement in her mom's disappearance. Kirkup was arrested in San Berndino county in June after the daughter urged the local authorities' newly formed Cold Case Team to investigate her mother's disapearance.
During the sentencing, Susan Weller, one of three daughters from the Kirkup marriage, spoke of her father’s “awful history” of domestic violence against her mother as the family moved from Michigan to New Jersey to California.
Genesee County District Attorney Lawrence Friedman had pressed for the maximum sentence on the pre-indictment plea in the missing-victim case. He told the judge Kirkup’s poor health means he is likely to die in prison.
After the sentencing, Friedman said Kirkup, formerly of Big River, Calif., has been unable to show authorities exactly where in Genesee County he buried his wife after fatally choking her, allegedly after she came at him with a knife in their camper.
Genesee County Judge Robert C. Noonan inposed the maximum for 2nd degree manslaughter because prosecutors could not prove more serious murder charges.
During the sentencing, Susan Weller, one of three daughters from the Kirkup marriage, spoke of her father’s “awful history” of domestic violence against her mother as the family moved from Michigan to New Jersey to California.
Genesee County District Attorney Lawrence Friedman had pressed for the maximum sentence on the pre-indictment plea in the missing-victim case. He told the judge Kirkup’s poor health means he is likely to die in prison.
After the sentencing, Friedman said Kirkup, formerly of Big River, Calif., has been unable to show authorities exactly where in Genesee County he buried his wife after fatally choking her, allegedly after she came at him with a knife in their camper.
Genesee County Judge Robert C. Noonan inposed the maximum for 2nd degree manslaughter because prosecutors could not prove more serious murder charges.
Saturday, August 23, 2008
Kim Jernigan accused of kidnapping virtual boyfriend
33-year-old Kimberly Jernigan tried to kidnap the virtual boyfriend that broke up with her after they met in real life on Thursday, August 21. Jernigan, of North Carolina, met a 52 year old man from Delaware in the online game Second Life. The victim’s avatar, or virtual character, was a lion, and Jernigan’s avatar was a woman. After he broke up with her in real life, she became disturbed, trying to kidnap him at gunpoint from his Pennsylvania workplace in early August. She was unsuccessful.
Police said Jernigan posed as a postal worker in order to locate the victim's new address, as he had recently moved. After four days of searching, authorities said she found residence in the Whitney Presidential Towers on the 7100 block of Society Drive in Claymont.
With her dog Gogi in tow, investigators said Jernigan cut and removed a screened window in order to enter her virtual ex's apartment.When the victim arrived home on Thursday, August 21, he told police he saw someone pointing an object at his chest that was projecting a laser beam. He immediately fled the apartment and contacted police.
Officers arriving at the scene discovered a pair of handcuffs, a roll of duct tape, a Taser and a BB gun as well as the suspect's dog.Police said Jernigan had bound her dog Gogi with duct tape and put him in the bathroom as he was making too much noise. The dog was said to be uninjured, but the SPCA is looking into possible charges of animal cruelty.
Jernigan is being held on attempted kidnapping, aggravated menacing, and burglary after she was arrested at a Maryland rest area on I-95.
Police said Jernigan posed as a postal worker in order to locate the victim's new address, as he had recently moved. After four days of searching, authorities said she found residence in the Whitney Presidential Towers on the 7100 block of Society Drive in Claymont.
With her dog Gogi in tow, investigators said Jernigan cut and removed a screened window in order to enter her virtual ex's apartment.When the victim arrived home on Thursday, August 21, he told police he saw someone pointing an object at his chest that was projecting a laser beam. He immediately fled the apartment and contacted police.
Officers arriving at the scene discovered a pair of handcuffs, a roll of duct tape, a Taser and a BB gun as well as the suspect's dog.Police said Jernigan had bound her dog Gogi with duct tape and put him in the bathroom as he was making too much noise. The dog was said to be uninjured, but the SPCA is looking into possible charges of animal cruelty.
Jernigan is being held on attempted kidnapping, aggravated menacing, and burglary after she was arrested at a Maryland rest area on I-95.
Wednesday, July 30, 2008
Walter Sayre, Akron, OH rapist, sentenced to 19 years
Walter Sayre, a 37 year old Akron, OH rapist who served prison time for the 1992 rape of a 72 year old woman, was sentenced to 19 years in prison and a Tier III sex offender listing yesterday for assaulting a 57 year old Kenmore, OH woman on February 19 this year knowing he was HIV positive. Out of prison for only 6 months, Sayre pled guilty to rape, aggravated robbery, aggravated assault, and felonious assault. Judge Judith Hunter was the presiding judge. Tier III sex offenders have to stay on The List for life, and must report to the police every 3 months. Ohio prison sentences carry no “good time,” but prison time can be added for bad behavior.
Kathie DeFelice, Danvers MA, gets 8 to 13 years for stabbing ex-boyfriend to death
A 48 year old Danvers, MA woman who originally faced 1st degree murder charges for stabbing her ex-boyfriend, a 55 year old house painter, to death will serve 8 to 13 years in a Massachusetts prison after jurors convicted her of manslaughter Thursday, July 24.
After 7 years of an off and on relationship and a restraining order that Kathie DeFelice took out on William Olsen Jr, a housepainter, DeFelice broke her own restraining order to contact Olsen. After two weeks of calling him, with some calls lasting 5 hours, DeFelice invited Olsen back to her apartment on October 30, 2006.
It was there that DeFelice stabbed him with a kitchen knife that entered the center of his chest, pierced his pericardial sac and aorta and caused him to bleed to death within minutes. DeFelice testified that she grabbed the knife from a table and stabbed blindly as Olsen tried to strangle her, provoked, she said, by her request that he stop contacting her family. Then she ran out of the apartment.
But prosecutor Kate MacDougall offered jurors a different scenario, one in which DeFelice was jealous that Olsen had moved on, starting a new relationship, that she was angry because her own new boyfriend had decided to go home for the night, that she felt abandoned, perhaps, when Olsen passed out drunk on the sofa.
Salem Superior Court Judge David Lowy said while sentencing DeFelice,
"Only Ms. DeFelice knows what happened in that room on Oct. 30, 2006, but we know that the jury did not find beyond a reasonable doubt an absence of excessive force in self-defense, heat of passion or sudden combat."
After 7 years of an off and on relationship and a restraining order that Kathie DeFelice took out on William Olsen Jr, a housepainter, DeFelice broke her own restraining order to contact Olsen. After two weeks of calling him, with some calls lasting 5 hours, DeFelice invited Olsen back to her apartment on October 30, 2006.
It was there that DeFelice stabbed him with a kitchen knife that entered the center of his chest, pierced his pericardial sac and aorta and caused him to bleed to death within minutes. DeFelice testified that she grabbed the knife from a table and stabbed blindly as Olsen tried to strangle her, provoked, she said, by her request that he stop contacting her family. Then she ran out of the apartment.
But prosecutor Kate MacDougall offered jurors a different scenario, one in which DeFelice was jealous that Olsen had moved on, starting a new relationship, that she was angry because her own new boyfriend had decided to go home for the night, that she felt abandoned, perhaps, when Olsen passed out drunk on the sofa.
Salem Superior Court Judge David Lowy said while sentencing DeFelice,
"Only Ms. DeFelice knows what happened in that room on Oct. 30, 2006, but we know that the jury did not find beyond a reasonable doubt an absence of excessive force in self-defense, heat of passion or sudden combat."
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