A Bella Vista, CA man who threatened to kill his "girlfriend" in front of her 7 year old child, then proceeded to do just that was sentenced to a prison term of 30 years to life on April 22, 2011. 49 year old Ty Rone Pitts was sentenced in Shasta County Superior Court by Judge Bradley Boeckman on April 22 for the 1st degree murder of 24 year old Randal Leigh Wert. Wert was stabbed five times in front of her 7 year old daughter Kaylee, with three of those stabbings going through Wert's body. This was not the first felony conviction Pitts had for attacking Wert - a 2008 conviction was for choking and holding a knife to Wert's throat.
According to court documents, Pitts told a sheriff's detective that he and Wert, who worked as a shift manager at a fast-food restaurant in Redding, had been arguing the night of the stabbing and that "she continued to 'needle' and 'nag' " at him.
He then pulled an 18-inch "coconut knife" from the top of the refrigerator, and he nicked her arm with it, the court documents show. Wert then told Pitts she was "going to call the cops and he was going to prison."At that point, the report said, Pitts began to stab Wert in the upper torso.
Jankowitz said during the trial's closing arguments that Pitts inflicted the final stab wound after the bleeding and terrified Wert tried to run away from him but tripped and fell down in the driveway at their residence.
Pitts then rolled Wert onto her back and, holding the knife with both hands, raised it high over his head and plunged it into her heart, Jankowitz has said.
Karen Hallenbeck of Shasta Lake, CA said her daughter's murder has caused continuing nightmares."I miss her so much...I talk to her every night before bed...I will never forgive him." Hallenbeck read a letter from her granddaughter Kaylee who asked Pitts why he killed her mother. "I wish you were here so we could play," Kaylee said in her letter.
Hallenbeck also opined that Pitts should get life without parole since "he always said he was going to kill her in front of the children." Judge Boekman said "You predicted this and you made it happen."
Showing posts with label boyfriend. Show all posts
Showing posts with label boyfriend. Show all posts
Saturday, May 7, 2011
Friday, April 22, 2011
Sterling Heights man who kidnapped, raped mother of his children gets 26 3/4 to 75 years
A Sterling Heights, MI man was sentenced to 26 3/4 to 75 years in prison in a suburban Detroit courtroom Friday, April 15, 2011 for raping and kidnapping his "girlfriend," the mother of his two children, on New Years Day 2010. Brandon Jay Smith kidnapped the woman be forcing her into his grandmother's car when she arrived to work at a Green Oak Township restaurant.
The woman testified at a June preliminary examination that Smith was waiting for her when she arrived to work. She said he told her not to resist and not to scream for help. She resisted and she screamed, and Smith grew angrier, the woman said. The woman sat on the ground in an effort to be dead weight, but her 5-foot, 96-pound frame was no match for Smith, at 6-foot-3 and 180 pounds.
She said Smith fled on U.S. 23, where he cut off his electronic tether, he had to wear one as a condition of his sentencing less than a month earlier on charges of aggravated domestic violence against the same woman, and threw it out the window. He put zip ties on her wrists and took the batteries out of both of their cell phones.
Smith told the woman that he was taking her somewhere no one would find her and during that trip north, he told her that he was going to asphyxiate himself and she was going to watch. He also told her that he was going to kill her and if police stopped them, he threatened to kill her in front of them.
The woman said Smith raped her while en route to his family’s camper trailer in Antrim County and again once they reached the site. She was rescued by Antrim County sheriff’s deputies in the early morning hours of Jan. 2, 2010.
Defense attorney Mark Gatesman said that he was proud of his client's taking responsibility. He also said that a factor in his client's favor was that instead of killing his victim should police raid the trailer, he simply surrendered to police.
This view contrasts with some of the statements Smith made to the Center for Forensic Psychiatry. "My intent was never to hurt her, but she got hurt. We were supposed to go up to the camper, up north. She kept asking why we were going there. I told her that's where I'm going to commit suicide. ... The reason she was with me was she could watch. Never got around to doing it, though. The cops came before I had a chance to."
However, according to presiding Judge Livingston County Circuit Judge Michael P. Hatty, it was Smith's mother who took on her reasonably to the mother of her grandkids to lead them to the camper. Judge Hatty, citing the "horrendous" nature of the case, said "This case came up very short of being a murder case, if the police didn't get there quick enough." According to Prosecutor David Moses, the victim was 45 minutes from death. "She thought she was going to die. She thought she would not see her family again, would not see her children," Moses said about the victim.
Beside the kidnapping and 1st degree criminal sexual conduct counts, Smith was also sentenced for assault with intent to commit great bodily harm, aggravated domestic violence and assault with a dangerous weapon for threatening and cutting the woman with a knife as well as interfering with electronic communications.
The victim's father, who attended the sentencing, said that he thanked the officials who helped find his daughter. "We owe a lot to the police agencies that were involved in this. Those guys did a great job."
The woman testified at a June preliminary examination that Smith was waiting for her when she arrived to work. She said he told her not to resist and not to scream for help. She resisted and she screamed, and Smith grew angrier, the woman said. The woman sat on the ground in an effort to be dead weight, but her 5-foot, 96-pound frame was no match for Smith, at 6-foot-3 and 180 pounds.
She said Smith fled on U.S. 23, where he cut off his electronic tether, he had to wear one as a condition of his sentencing less than a month earlier on charges of aggravated domestic violence against the same woman, and threw it out the window. He put zip ties on her wrists and took the batteries out of both of their cell phones.
Smith told the woman that he was taking her somewhere no one would find her and during that trip north, he told her that he was going to asphyxiate himself and she was going to watch. He also told her that he was going to kill her and if police stopped them, he threatened to kill her in front of them.
The woman said Smith raped her while en route to his family’s camper trailer in Antrim County and again once they reached the site. She was rescued by Antrim County sheriff’s deputies in the early morning hours of Jan. 2, 2010.
Defense attorney Mark Gatesman said that he was proud of his client's taking responsibility. He also said that a factor in his client's favor was that instead of killing his victim should police raid the trailer, he simply surrendered to police.
This view contrasts with some of the statements Smith made to the Center for Forensic Psychiatry. "My intent was never to hurt her, but she got hurt. We were supposed to go up to the camper, up north. She kept asking why we were going there. I told her that's where I'm going to commit suicide. ... The reason she was with me was she could watch. Never got around to doing it, though. The cops came before I had a chance to."
However, according to presiding Judge Livingston County Circuit Judge Michael P. Hatty, it was Smith's mother who took on her reasonably to the mother of her grandkids to lead them to the camper. Judge Hatty, citing the "horrendous" nature of the case, said "This case came up very short of being a murder case, if the police didn't get there quick enough." According to Prosecutor David Moses, the victim was 45 minutes from death. "She thought she was going to die. She thought she would not see her family again, would not see her children," Moses said about the victim.
Beside the kidnapping and 1st degree criminal sexual conduct counts, Smith was also sentenced for assault with intent to commit great bodily harm, aggravated domestic violence and assault with a dangerous weapon for threatening and cutting the woman with a knife as well as interfering with electronic communications.
The victim's father, who attended the sentencing, said that he thanked the officials who helped find his daughter. "We owe a lot to the police agencies that were involved in this. Those guys did a great job."
Wednesday, February 16, 2011
Man gets 25-50 years for shooting "girlfriend" to death
A “boyfriend” who shot a 6 months pregnant woman to death has pled guilty to second degree murder Monday, February 7, and is scheduled to serve 25-50 years in prison.
Rollon Michael Marko, a 27 year old Portage, MI man, was sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey to the term for 2nd degree murder and assault on a pregnant individual causing miscarriage or stillbirth. These charges were in place of a 1st degree murder charge, which carries an automatic life without parole sentence.
Marko, who had been drinking alcohol and smoking marijuana on May 22, shot Courtney Delano, 19, in his apartment. She and the fetus died of the single gunshot wound to her chest and shoulder.
Marko, who’s trial was to start Tuesday on charges of open murder and assault as well as the firearms charges, faced up to life in prison without the possibility of parole if convicted.
Troy Delano, father of the victim, 19 year old Courtney Delano told his daughter’s murderer, “You’re going to be raped in prison everyday. I hope you enjoy it. Eff you.”
Rollon Michael Marko, a 27 year old Portage, MI man, was sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey to the term for 2nd degree murder and assault on a pregnant individual causing miscarriage or stillbirth. These charges were in place of a 1st degree murder charge, which carries an automatic life without parole sentence.
Marko, who had been drinking alcohol and smoking marijuana on May 22, shot Courtney Delano, 19, in his apartment. She and the fetus died of the single gunshot wound to her chest and shoulder.
Marko, who’s trial was to start Tuesday on charges of open murder and assault as well as the firearms charges, faced up to life in prison without the possibility of parole if convicted.
Troy Delano, father of the victim, 19 year old Courtney Delano told his daughter’s murderer, “You’re going to be raped in prison everyday. I hope you enjoy it. Eff you.”
Tuesday, October 26, 2010
20 year old man arrested in live rape of "girlfriend" pleads guilty in Phoenix court
(Original Post 6-3-09)
A 20 year old Phoenix man was charged with 2 counts of sexual assault, a count of kidnapping, and a count of taking a surreptitious photo. John Hock, 20, had allegedly assaulted the victim, who he knew for a couple of months, on February 26, with the victim alerting police in early March.
Hock set up a computer with a webcam and sexually assaulted a woman he knew as she was passed out from drinking alcohol, according to a Phoenix police probable cause statement released on Monday.
As he did this, he signed onto a Web account and broadcasted the sexual assault live on the Internet, the statement said. The video was then posted to a Web site where it was repeatedly played until the site pulled it off, police said.
Police said Hock raped the woman in her own bedroom after she had been asleep for four to five hours.
She learned about the video after receiving text messages from her friends. After she signed up, the victim found photos of her nude from the waist down. Hock allegedly commented that he knew the victim was passed out and that he was having sex with her without her knowledge.
(Update 9-6-10) Hock plead guilty to attempted sexual assault and voyeurism Thursday, September 2 in Maricopa County Superior Court for the attack. He's expected to be sentenced October 8. Apparentely, Hock is known online for his risque videoes. It is also thought that Hock specifically groomed the victim for the assault.
(Update 10-26-10) On Wednesday, October 20, Hock was sentenced to 2 1/2 years in prison and lifetime parole supervision. Maricopa County Superior Court Judge John Hannah presided over the sentencing. The victim said, "I opened up my home to him and ended up being molested and videotaped while sleeping."
When Judge Hannah asked about the sentence, the victim said "I think it should be more, Your Honor." Hock said that "I don't think it's fair that I should be a sex offender for the rest of my life over this."
A 20 year old Phoenix man was charged with 2 counts of sexual assault, a count of kidnapping, and a count of taking a surreptitious photo. John Hock, 20, had allegedly assaulted the victim, who he knew for a couple of months, on February 26, with the victim alerting police in early March.
Hock set up a computer with a webcam and sexually assaulted a woman he knew as she was passed out from drinking alcohol, according to a Phoenix police probable cause statement released on Monday.
As he did this, he signed onto a Web account and broadcasted the sexual assault live on the Internet, the statement said. The video was then posted to a Web site where it was repeatedly played until the site pulled it off, police said.
Police said Hock raped the woman in her own bedroom after she had been asleep for four to five hours.
She learned about the video after receiving text messages from her friends. After she signed up, the victim found photos of her nude from the waist down. Hock allegedly commented that he knew the victim was passed out and that he was having sex with her without her knowledge.
(Update 9-6-10) Hock plead guilty to attempted sexual assault and voyeurism Thursday, September 2 in Maricopa County Superior Court for the attack. He's expected to be sentenced October 8. Apparentely, Hock is known online for his risque videoes. It is also thought that Hock specifically groomed the victim for the assault.
(Update 10-26-10) On Wednesday, October 20, Hock was sentenced to 2 1/2 years in prison and lifetime parole supervision. Maricopa County Superior Court Judge John Hannah presided over the sentencing. The victim said, "I opened up my home to him and ended up being molested and videotaped while sleeping."
When Judge Hannah asked about the sentence, the victim said "I think it should be more, Your Honor." Hock said that "I don't think it's fair that I should be a sex offender for the rest of my life over this."
Saturday, October 16, 2010
Jealous northern England man sentenced to life without parole for at least 30 years for murder of nurse
By Peter Magill [Burnley chief reporter]
FORMER ambulance technician who murdered his ex-girlfriend while on bail for her rape was jailed for a minimum of 30 years today. Ambulance technician and bouncer Jonathan Vass, 30, launched a frenzied knife attack on nurse and mother-of-one Jane Clough, 26, as she arrived for work at Blackpool Victoria Hospital in July. She was admitted to the hospital’s accident and emergency unit where she worked as colleagues tried in vain to save her.
Vass, described as “manipulative and controlling”, was freed to kill after being given bail while awaiting trial over allegations that he had repeatedly raped her. The rape charges were dropped after the murder. John and Penny Clough, her parents, were angered by both decisions - first to free him and then to let the rape charges lie on file. They sat in the public gallery just yards from Vass in the dock as he was jailed for life at Preston Crown Court after pleading guilty to murder at an earlier hearing.
Judge Anthony Russell QC handed down the mandatory life sentence before telling Vass he will serve a minimum of 30 years before he can be considered for release. Vass wept uncontrollably, covering his face his hands as he was told he would only be eligible for parole in 2040.
The victim’s parents and family wept and hugged each other as the court heard for the first time that, after stabbing and slashing Miss Clough with a 3in (7.6cm) blade, he walked away momentarily, then went back seconds later to finish her off.
”As she lay bleeding you walked away but then returned and slowly, deliberately and cold-bloodedly slit her throat,” Judge Russell said as he passed sentence. ”It is difficult to imagine a more horrific crime than this murder. Furthermore it was a crime motivated by real hatred and revenge. This was a deliberate, brutal and callous murder for which you have shown no remorse and no care for your own daughter. Jane Clough was a nurse who devoted her life to the care of others. She had the misfortune to become involved with you. She bore your child and then you murdered her, leaving your infant child without a mother and with the prospect of growing up to learn one day that her father murdered her mother.”
The court heard that Miss Clough kept a diary, detailing her abuse and fears of Vass and what he might do.
She and her family, who held a protest outside court before the case began this morning, were “rocked and devastated” when he was bailed on the rape charges, leaving Miss Clough “extremely concerned for her safety”. She left home to live with her parents and recorded in her diary that she was worried “Johnny was going to do something stupid”.
He had been relying on her to drop the charges.
Another entry read of fears he would “get his revenge”, adding: “What’s he going to do?”
Dennis Watson QC, prosecuting, said it was clear the motive for the murder was to prevent Miss Clough giving evidence. Mr Watson said the couple met while both working at the hospital but their relationship was troubled because of Vass.
”He was a jealous man who wished to dominate and have complete control over Jane despite the fact that, unknown to her, he was carrying on a relationship with two other women at the same time,” Mr Watson told the court. By early 2009 Miss Clough was pregnant but Vass had become controlling and “sexually demanding”.
In November that year she plucked up courage to report him to police, telling officers of the months of physical and sexual abuse and the repeated rapes even when she was seven months pregnant.
Text messages between the pair were read out.
Miss Clough sent him a message saying: “You have hurt, raped and reduced me to tears on countless occasions... and you want to get engaged and have more kids? Why?” He replied: “We are staying together regardless of our problems.” A second text read: “Why should you come back? To push me about, grab me, rip my clothes off, make me cry...” Another said: “You physically and sexually abuse me. You threatened to kill me the other night.”
Vass’s replies read: “Please can I come home... best behaviour promise”, and “I do love you Janey. Either get pregnant or engaged. Your choice.”
Vass was charged with nine rapes and assault in November 2009 and told a work colleague, an ex-boyfriend of Miss Clough, if he was found guilty he would kill her - but the threat was dismissed as “bravado”. When it became clear she was prepared to give evidence in court Vass decided to take “retribution”, the court heard.
FORMER ambulance technician who murdered his ex-girlfriend while on bail for her rape was jailed for a minimum of 30 years today. Ambulance technician and bouncer Jonathan Vass, 30, launched a frenzied knife attack on nurse and mother-of-one Jane Clough, 26, as she arrived for work at Blackpool Victoria Hospital in July. She was admitted to the hospital’s accident and emergency unit where she worked as colleagues tried in vain to save her.
Vass, described as “manipulative and controlling”, was freed to kill after being given bail while awaiting trial over allegations that he had repeatedly raped her. The rape charges were dropped after the murder. John and Penny Clough, her parents, were angered by both decisions - first to free him and then to let the rape charges lie on file. They sat in the public gallery just yards from Vass in the dock as he was jailed for life at Preston Crown Court after pleading guilty to murder at an earlier hearing.
Judge Anthony Russell QC handed down the mandatory life sentence before telling Vass he will serve a minimum of 30 years before he can be considered for release. Vass wept uncontrollably, covering his face his hands as he was told he would only be eligible for parole in 2040.
The victim’s parents and family wept and hugged each other as the court heard for the first time that, after stabbing and slashing Miss Clough with a 3in (7.6cm) blade, he walked away momentarily, then went back seconds later to finish her off.
”As she lay bleeding you walked away but then returned and slowly, deliberately and cold-bloodedly slit her throat,” Judge Russell said as he passed sentence. ”It is difficult to imagine a more horrific crime than this murder. Furthermore it was a crime motivated by real hatred and revenge. This was a deliberate, brutal and callous murder for which you have shown no remorse and no care for your own daughter. Jane Clough was a nurse who devoted her life to the care of others. She had the misfortune to become involved with you. She bore your child and then you murdered her, leaving your infant child without a mother and with the prospect of growing up to learn one day that her father murdered her mother.”
The court heard that Miss Clough kept a diary, detailing her abuse and fears of Vass and what he might do.
She and her family, who held a protest outside court before the case began this morning, were “rocked and devastated” when he was bailed on the rape charges, leaving Miss Clough “extremely concerned for her safety”. She left home to live with her parents and recorded in her diary that she was worried “Johnny was going to do something stupid”.
He had been relying on her to drop the charges.
Another entry read of fears he would “get his revenge”, adding: “What’s he going to do?”
Dennis Watson QC, prosecuting, said it was clear the motive for the murder was to prevent Miss Clough giving evidence. Mr Watson said the couple met while both working at the hospital but their relationship was troubled because of Vass.
”He was a jealous man who wished to dominate and have complete control over Jane despite the fact that, unknown to her, he was carrying on a relationship with two other women at the same time,” Mr Watson told the court. By early 2009 Miss Clough was pregnant but Vass had become controlling and “sexually demanding”.
In November that year she plucked up courage to report him to police, telling officers of the months of physical and sexual abuse and the repeated rapes even when she was seven months pregnant.
Text messages between the pair were read out.
Miss Clough sent him a message saying: “You have hurt, raped and reduced me to tears on countless occasions... and you want to get engaged and have more kids? Why?” He replied: “We are staying together regardless of our problems.” A second text read: “Why should you come back? To push me about, grab me, rip my clothes off, make me cry...” Another said: “You physically and sexually abuse me. You threatened to kill me the other night.”
Vass’s replies read: “Please can I come home... best behaviour promise”, and “I do love you Janey. Either get pregnant or engaged. Your choice.”
Vass was charged with nine rapes and assault in November 2009 and told a work colleague, an ex-boyfriend of Miss Clough, if he was found guilty he would kill her - but the threat was dismissed as “bravado”. When it became clear she was prepared to give evidence in court Vass decided to take “retribution”, the court heard.
Sunday, September 26, 2010
Serial "girlfriend" rapist sentenced to life without parole for raping woman in front of her child
A Savannah, GA man with a history of raping "girlfriends" was sentenced to life without parole as four-time habitual offender Monday, September 20. 47 year old Jerry Howard was convicted by a Chatham County, GA jury Saturday, September 18 of rape, aggravated assault, and misdemeanor cruelty to a child for raping and choking his 28 year old "girlfriend" in front of her 1 year old daughter at his home November 29, 2007.
Assistant District Attorney Isabel Pauley presented evidence that Howerd tried to intimidate the victim into recanting the charges and called as a witness a previous "girlfriend" who was attacked in a similar manner in 1988.
Chatham County Superior Court Judge John E. Morse Jr imposed the life sentence on Howard based on prior felony convictions. The life term for rape and the 20 year term for aggravated assault were imposed consecutive to each other. A year term for cruelty to a child will be served concurrently with the life sentence. Because this is his fourth strike, the life term is without parole. These convictions include robbery, possession of controlled substances and possession of a firearm by a convicted felon. Howard was released from prison in August 2007, three months before the latest attack.
Below is the law requiring four time felons in Georgia to serve the maximum sentence for that crime without parole.
[A]ny person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state other than a capital felony must, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served. (from O.C.G.A. 17 -10-7)
Below is the law requiring four time felons in Georgia to serve the maximum sentence for that crime without parole.
[A]ny person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state other than a capital felony must, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served. (from O.C.G.A. 17 -10-7)
Thursday, September 9, 2010
"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."
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."
Friday, July 2, 2010
Chicago man sentenced to 34 years in prison for attempted hit on ex-wife
A Chicago man was sentenced to 34 years in prison Monday, June 28 for arranging a hit on his wife by a man who turned out to be a suburban Chicago detective. 42 year old John Johnson was in the DuPage County Jail in Wheaton for violating an order of protection that his ex-wife filed. DuPage County Judge Daniel Guerin presided over Johnson's trial.
Johnson was caught on a jail phone arranging the murder with a DuPage County sheriff's detective who was posing as a hitman. He is heard in the recordings telling the fake hitman that he wants his ex-wife shot twice in the head. The detective asks five different times if Johnson wants to back out, but Johnson never does. Johnson argued that his threats against his ex-wife were mere jailhouse bravado. He claimed he was set up by authorities who used a fellow inmate to mediate the hit.
Judge Guerin discounted Johnson's claim that his threats were idle, citing his history of domestic violence. Your criminal history demonstrates an inability or disinterest in obeying the law," Guerin said. That history includes two previous "girlfriends" who testified they were physically assaulted by Johnson, and their testimony was backed up by Johnson's ex-wife, who testified that they were only married for a year before Johnson hit her with a frying pan. That attack led to their divorce.
Johnson claimed that his victim were lying during the trial. "Maybe people are underestimating my physical strength, but if I swing a frying pan at your head and hit you in the leg, you would need medical attention. I'm not trying to brag."
After he was convicted by a jury which took less than an hour to reach their guilty verdict, he made a rambling statement, claiming he was the victim of a conspiracy, and saying, "There will be a time when the rabbit will have the gun and it won't be no fun. But I'm not talking about a gun-gun."
Johnson was caught on a jail phone arranging the murder with a DuPage County sheriff's detective who was posing as a hitman. He is heard in the recordings telling the fake hitman that he wants his ex-wife shot twice in the head. The detective asks five different times if Johnson wants to back out, but Johnson never does. Johnson argued that his threats against his ex-wife were mere jailhouse bravado. He claimed he was set up by authorities who used a fellow inmate to mediate the hit.
Judge Guerin discounted Johnson's claim that his threats were idle, citing his history of domestic violence. Your criminal history demonstrates an inability or disinterest in obeying the law," Guerin said. That history includes two previous "girlfriends" who testified they were physically assaulted by Johnson, and their testimony was backed up by Johnson's ex-wife, who testified that they were only married for a year before Johnson hit her with a frying pan. That attack led to their divorce.
Johnson claimed that his victim were lying during the trial. "Maybe people are underestimating my physical strength, but if I swing a frying pan at your head and hit you in the leg, you would need medical attention. I'm not trying to brag."
After he was convicted by a jury which took less than an hour to reach their guilty verdict, he made a rambling statement, claiming he was the victim of a conspiracy, and saying, "There will be a time when the rabbit will have the gun and it won't be no fun. But I'm not talking about a gun-gun."
Sunday, June 27, 2010
Felon gets 25 years for killing, dismembering "fiancee" after argument
A Buffalo man who killed his former "girlfriend" was sentenced to 25 years in the New York prison system for killing her and dismembering her after she died. Tomell HaSidi killed LaQuiesta "Pinky" Brown, his "girlfriend" after she found out his true character as a criminal. After killing Brown and cutting her body into pieces, HaSidi told police that his victim was killed accidentally during an argument.
Prosecutor Thomas M. Finnerty said HaSidi had initially told police he accidentally killed Brown during an argument after she broke off their engagement and ordered him to move out of her family's home. Members of the Buffalo Police Underwater Recovery Team searched the channel after authorities at the nearby Peace Bridge reported that surveillance cameras had recorded suspicious activity there.
The judge lauded Buffalo police homicide detectives for tracing HaSidi's movements through the parole ankle bracelet he was wearing. At the time of her killing, Brown was working on a psychology degree at Erie Community College's North Campus in Amherst.
Brown met HaSidi while he was in prison of parole violations from forgery and grand larceny cases. Brown felt that by being there for him, and letting his move into her family's home, despite their concerns. She also cared for HaSidi after he was being treated for cancer.
The victim's father, Bernard Brown, said his daughter's killer's lack of remorse "showed what kind of a coward he is" and hoped that HaSidi is killed by the Aryan Nation in prison.
Prosecutor Thomas M. Finnerty said HaSidi had initially told police he accidentally killed Brown during an argument after she broke off their engagement and ordered him to move out of her family's home. Members of the Buffalo Police Underwater Recovery Team searched the channel after authorities at the nearby Peace Bridge reported that surveillance cameras had recorded suspicious activity there.
The judge lauded Buffalo police homicide detectives for tracing HaSidi's movements through the parole ankle bracelet he was wearing. At the time of her killing, Brown was working on a psychology degree at Erie Community College's North Campus in Amherst.
Brown met HaSidi while he was in prison of parole violations from forgery and grand larceny cases. Brown felt that by being there for him, and letting his move into her family's home, despite their concerns. She also cared for HaSidi after he was being treated for cancer.
The victim's father, Bernard Brown, said his daughter's killer's lack of remorse "showed what kind of a coward he is" and hoped that HaSidi is killed by the Aryan Nation in prison.
Sunday, June 20, 2010
Man who faked cancer, stabbed "girlfriend" after she found out gets decades in prison
An Irish national who slew his "lover," a NYPD forensic investigator, was sentenced to 29 to 37 years in prison for her murder. The official charges McGurk plead guilty to were manslaughter and three counts of evidence tampering. Gary McGurk, the "boyfriend" of criminologist Michelle Lee, was sentenced June 16 by Queens Supreme Court Justice Gregory Lasak, who indicated he would have sentenced the murderer to life if he hadn't plead guilty. "This makes no sense at all. You deserve a life sentence, Mr. McGurk. You know that," Judge Lasak said.
In April 2009, Lee was bashed 4 times with a hammer, stabbed in the neck, and burned with an iron before McGurk left her nude body on her bed for police to find, with the knife still in his victim's neck. Prosecutors believe that the motive for the attack was anger over not getting any more money from Lee, who he tricked into believing had cancer. Lee had gave McGurk thousands for "treatment," for "cancer" which McGurk claimed spread to his kidney, liver, and lungs.
"I'm not ready to lose Gary," Lee wrote in an entry read by Queens Assistant District Attorney Charles Testagrossa. "I'm just trying to figure out the right time to tell him I love him. I truly do...He's so brave. I can't stop crying. I love him so much. I wish he would get better. I wish I could hold onto him forever."
The couple met in 2004 at CUNY John Jay college. Lee was 24 when she was killed.
At the sentencing, McGurk said that "I hope that in the years to come God will help you through this. Michelle is safe with him now. I don't ask for forgiveness because I don't deserve it. I will meet my maker one day and receive my punishment that day as I receive my punishment today. I can only hope the years to come will be easier. May she rest in peace."
Saturday, May 1, 2010
"Boyfriend" sentenced to 25 years for slaying of woman in NYU apartment
A man who choked his girlfriend to death inside her mother's apartment was sentenced to 25 years for 1st degree manslaughter Wednesday in a Manhattan courtroom. Michael Cordero plead guilty to 1st degree manslaughter in a Manhattan courtroom for the chance to avoid life behind bars.
Mr. Cordero, 26, pleaded guilty last month to manslaughter for the 2007 killing of Boitumelo McCallum, the daughter of two New York University professors. In exchange for his guilty plea, Mr. Cordero was promised a 25-year sentence.
The killing took place early Wednesday, August 1, 2007, at her mother's NYU owned apartment in Greenwich Village. Cordero was angry that his victim threw a bash inside the apartment without inviting him, and choked her to death so hard that her nose bled. After the slaying, Cordero wrapped a bloody towel around her head and wrapped it in bedsheets, which he stuffed between the bed and the wall of the apartment. On Sunday, August 5, tenants who sublet the apartment from the victim's parents found "Tumi's" rotting body and called police.
Justice Bonnie G. Wittner of State Supreme Court in Manhattan had said that she would not have accepted the plea deal without the parents’ consent. Ms. McCallum’s parents, Teboho Moja and Robert McCallum, did accept the deal, but they still had words that were both touching and harsh.
The victim's father said, "You made the relationship about power and domination, rather than about love and compassion. That is why Tumi was trying to move away from you. Tumi was scared of you. I tried as much as I could to protect her, but you did everything behind my back and that of our family to get to her one final time.”
The victim's mother also had a statement read for her by Manhattan Assistant District attorney Martha Bashford. “You barehandedly killed my child. Your hands are stained forever with her blood.”
"Michael Cordero added insult to injury by making us bury our loved one in unrecognizable image. Her decomposed body is buried and memories of her charming smile live in our hearts. Her infectious laughter and her voice calling out ‘mummy’ still rings in my ears.”
[Neighbors knew] McCallum as the bubbly daughter of the two professors. Her mother, Teboho Moja, is a professor at NYU's Steinhardt School of Education.
Moja was part of the board of UNESCO's Institute for International Education Planning, appointed by then-South African President Nelson Mandela to draw up higher education reforms for the country.
The slain woman's father, Robert McCallum, is an adjunct professor in art education at NYU. "She was a regular girl, a pretty girl, a typical college student," said Dan Lee, a filmmaker who lived down the hall. "She wasn't edgy. She's not the type of girl who would get into trouble."
McCallum graduated from the Beacon School, a selective public school in Manhattan, in 2005 and attended Mills College in Oakland, Calif., for two semesters. But she had not returned to the college since finishing spring semester in 2006.
A native of South Africa, she moved to the city with her parents as a young child and while in high school worked for two years at the American Museum of Natural History learning how to isolate, amplify, sequence and edit DNA.
"She didn't have a green card and neither did I. We bonded over that in the lab," said her pal Bernard Laszczower, 19.
Cordero, in court, said that "Just living without her is a fate worse than death - or imprisonment," he said. "I know what I did was wrong. ... It was just something that happened." However, the victim's parents said his "apology" statement was just another self serving ploy designed to shift blame and minimize the impact of his crime. McCallum said that "In the time that I've known him, he's always had an excuse for his behavior. One wants to be compassionate, but I'm sorry I couldn't be."
Moja said, He said, 'I'll die from loneliness.' We're all going to miss her. What about us? We weren't a part of his equation. If he can't have her, nobody else should have her - not another guy, not his family. I feel like I've seen him for the last time, and I want to keep it that way. Looking in the face of a killer is something that I cannot explain."
Mr. Cordero, 26, pleaded guilty last month to manslaughter for the 2007 killing of Boitumelo McCallum, the daughter of two New York University professors. In exchange for his guilty plea, Mr. Cordero was promised a 25-year sentence.
The killing took place early Wednesday, August 1, 2007, at her mother's NYU owned apartment in Greenwich Village. Cordero was angry that his victim threw a bash inside the apartment without inviting him, and choked her to death so hard that her nose bled. After the slaying, Cordero wrapped a bloody towel around her head and wrapped it in bedsheets, which he stuffed between the bed and the wall of the apartment. On Sunday, August 5, tenants who sublet the apartment from the victim's parents found "Tumi's" rotting body and called police.
Justice Bonnie G. Wittner of State Supreme Court in Manhattan had said that she would not have accepted the plea deal without the parents’ consent. Ms. McCallum’s parents, Teboho Moja and Robert McCallum, did accept the deal, but they still had words that were both touching and harsh.
The victim's father said, "You made the relationship about power and domination, rather than about love and compassion. That is why Tumi was trying to move away from you. Tumi was scared of you. I tried as much as I could to protect her, but you did everything behind my back and that of our family to get to her one final time.”
The victim's mother also had a statement read for her by Manhattan Assistant District attorney Martha Bashford. “You barehandedly killed my child. Your hands are stained forever with her blood.”
"Michael Cordero added insult to injury by making us bury our loved one in unrecognizable image. Her decomposed body is buried and memories of her charming smile live in our hearts. Her infectious laughter and her voice calling out ‘mummy’ still rings in my ears.”
[Neighbors knew] McCallum as the bubbly daughter of the two professors. Her mother, Teboho Moja, is a professor at NYU's Steinhardt School of Education.
Moja was part of the board of UNESCO's Institute for International Education Planning, appointed by then-South African President Nelson Mandela to draw up higher education reforms for the country.
The slain woman's father, Robert McCallum, is an adjunct professor in art education at NYU. "She was a regular girl, a pretty girl, a typical college student," said Dan Lee, a filmmaker who lived down the hall. "She wasn't edgy. She's not the type of girl who would get into trouble."
McCallum graduated from the Beacon School, a selective public school in Manhattan, in 2005 and attended Mills College in Oakland, Calif., for two semesters. But she had not returned to the college since finishing spring semester in 2006.
A native of South Africa, she moved to the city with her parents as a young child and while in high school worked for two years at the American Museum of Natural History learning how to isolate, amplify, sequence and edit DNA.
"She didn't have a green card and neither did I. We bonded over that in the lab," said her pal Bernard Laszczower, 19.
Cordero, in court, said that "Just living without her is a fate worse than death - or imprisonment," he said. "I know what I did was wrong. ... It was just something that happened." However, the victim's parents said his "apology" statement was just another self serving ploy designed to shift blame and minimize the impact of his crime. McCallum said that "In the time that I've known him, he's always had an excuse for his behavior. One wants to be compassionate, but I'm sorry I couldn't be."
Moja said, He said, 'I'll die from loneliness.' We're all going to miss her. What about us? We weren't a part of his equation. If he can't have her, nobody else should have her - not another guy, not his family. I feel like I've seen him for the last time, and I want to keep it that way. Looking in the face of a killer is something that I cannot explain."
Friday, February 26, 2010
MS college student killed by boyfriend gets justice
Latasha Norman, 20, was found murdered after her ex-boyfriend led police to her body in the woods, which lay among debris and trash. The ex-boyfriend, Stanley Dwayne Cole of Greenville, MS, was interviewed by detectives Thursday [November 29, 2007], said Jackson Police Sgt. Jeffery Scott. She was last seen leaving classes at Jackson State University on November 13th [2007].
Norman had been allegedly attacked by Cole before her disappearance. Cole was charged with simple assault for allegedly hitting his ex, and Norman’s tires had been slashed with her license plate stolen. The disappearnce of Norman sparked candlelight vigils from classmates and an outpouring of support in Jackson.
(Update 2-26-10) Tuesday, February 23 saw justice done for LaTasha. After 2 1/2 hours of deliberation, a Hinds County, MS jury convicted Cole of murder, meaning that he will get an automatic life sentence. Hinds County Circuit Judge Swan Yerger denied a defense request for the option to convict the now 26 year old Cole on manslaughter charges, an option which would have exposed him to a maximum of 2 decades in prison.
During the trial, the fact that Norman was killed by Cole was never in dispute - only whether the killing qualified as manslaughter or murder. Now with the jury rendering a guilty verdict, may LaTasha finally rest in piece.
Thursday, February 11, 2010
NY state legislator convicted of misdemeanor assault of girlfriend - sentenced to 3 years probation, expelled from NY Senate
(Original Post 10-17-09)
A prominent New York politician escaped a felony conviction Thursday, October 15 for beating his girlfriend, 30 year old Karla Girardo. However, it seems like 42 year old New York State Senator Hiram Monserratte won't be entirely in the clear. There are already calls for the Democratic Senator representing the Elmhurst neighborhood of Queens to be ousted. Felony convictions automatically lead to dismissal from the New York lesiglature, but not misdemeanors.
Addressing a crowded and tense courtroom, Erlbaum said that Monserrate was guilty only of shoving around Giraldo - an attack captured on tape and played in court.
"Only two people" know for sure what happened inside Monserrate's apartment on Dec. 19, 2008, when Giraldo's face was cut, the judge said.
Erlbaum said he could not say for sure if Giraldo was lying, as prosecutors contended. "Can one know she's not being forgiving or that she's not being compassionate?" he said. "One can't know that." Erlbaum concluded, "Proof beyond a reasonable doubt is lacking."
"Yes!" a Monserrate supporter yelled after Monserrate skated on the most serious charges.
Those charges come from an incident in which the state senator from Queens allegedly pushed around Giraldo and cut her face up with a piece of broken glass. The misdemeanor assault charges the politician was found guilty on stemmed from a scuffle in front of security cameras. Queens DA Richard Brown had no problems with the conviction on lesser charges, stating that the verdict (and surveillance camera) showed that "the defendant physically abused his victim."
Though the misdemeanor conviction calls for a sentence of up to a year in jail, Monserrate will probably get probation, according to his attorney Joe Tacopina. "On a reckless misdemeanor, first offense, he won't go to jail," Tacopina said.
Politicians from both sides of the aisle, as well as leaders of the New York chapter of NOW, are demanding Montserrate's resignation, even though the resignation could cost NY Democrats there slim majority in the NY Senate.
According to state senator Martin Golden (R-Brooklyn), the conviction meant that "ouster is an option . . . it should be seriously considered. It's an assault against a woman. I would hope he would just step aside and move on, but I know better. He ain't going anywhere."
"I was praying that [expletive deleted] would get convicted and he would be gone," said an anonymous Democratic politician. A second senator stated that "a lot of people want to oust him. As the days go by, I think most people will (agree) that we should get rid of the guy. This is not a guy who most of his colleagues want to see back."
Marcia Pappas, president of New York NOW, said "The man is violent. If the Democratic leadership took some kind of action it would certainly send a strong message to women around the state that they are serious about protecting women."
New York Daily News columnist Joanna Molloy has her own take on this incident.
Amazingly, according to Tacopina, "She loves him, as she testified in court. As he said yesterday, he loves her...And they're looking to get back together and resume their marriage...uh, relationship."
To which GDNY (Good Day New York) anchor Rosanna Scotto said, "Will they get married?" and Tacopina replied, "Maybe I said marriage, maybe I let the cat out of the bag, but that's where it's heading."
A few of Monserrate's constituents were also taken aback by the verdict. One woman said, "How do you accidentally smack her with a bottle? I think he did it and she’s afraid. He should be in jail," while a man who previously voted for Monserrate but won't do so again told the NY Times, "He’s a lucky man. Any normal person would be locked up for years. Domestic violence. Guaranteed. You don’t hit a woman. You love a woman."
Monseratte faces up to a year in jail at his sentencing December 4.
(Update 12-5-09) Monserrate was sentenced to 3 years probation, a $1000 fine, 250 hours of community service, and domestic violence counseling for the attach on Giraldo yesterday. He said before Judge Erlbaum that "I am here because of my own actions . . . I am so sorry for the harm Karla Giraldo endured and suffered...It's very difficult, your honor, not to be with her. She deserves happiness, nothing but good."
Giraldo said in Spanish that "I don't need an order of protection. I want to be with him. I want to continue my normal life," Giraldo, 30, told the judge in Spanish. "Before this we had plans. We would like to get married."
Judge Erlbaum, to his credit, recognized that Giraldo was still under the thrall of her abuser, so he continued the protection order barring Monserrate from seeing her. "I am loath to say you can't be together. But a promise alone that Mr. Monserrate will respect her autonomy is a far cry from remedying the green-eyed monster of jealousy. I hope the time will come that Karla Giraldo will have the self-respect to stop acting like a slave."
Giraldo's lawyer hopes that the protection order is lifted. The New York Senate's Special Committee of Inquiry will decide whether to expel him later this month.
(Update 2-11-10) On Tuesday night, Monserrate was expelled from the New York State Senate by a 53-8 vote. This was the first expulsion from the NY Senate since 1861. All 30 Republicans and 23 Democrats voted for expulsion, with Governor David Patterson announcing a special election for March 16.
Monserrate said that his expulsion was unwarranted because others expelled from the New York Senate committed other, more serious violations.
Make no mistake about it, this is an effort by some in this body to publicly demonstrate that it is going to expiate all of its sins, and Hiram Monserrate is the perfect scapegoat for your absolution...[I] have also seen a long list of others who were convicted or plead to misdemeanors; many negotiated these pleas to avoid felony convictions. And in all that time no one stood up to say, ‘enough’s enough,’ even when the behavior became common knowledge .
Yet with all of this history of corrupt and suspect behavior, no senator has ever been forced to face the prospect of expulsion until now...Let me remind everyone that a new election cycle is right around the corner,” he said “If my sins are of such magnitude that the voters of the 13th Senatorial District feel that they can no longer support my continued service-then so be it. It should be up to them to expel me, if they should so decide, but not up to this body.”
Major state newspapers applauded the decision. So did the president of New York NOW, Marcia Pappas, who said, "Anything less than expulsion was not acceptable. Any form of violence against women is not acceptable."
A prominent New York politician escaped a felony conviction Thursday, October 15 for beating his girlfriend, 30 year old Karla Girardo. However, it seems like 42 year old New York State Senator Hiram Monserratte won't be entirely in the clear. There are already calls for the Democratic Senator representing the Elmhurst neighborhood of Queens to be ousted. Felony convictions automatically lead to dismissal from the New York lesiglature, but not misdemeanors.
Addressing a crowded and tense courtroom, Erlbaum said that Monserrate was guilty only of shoving around Giraldo - an attack captured on tape and played in court.
"Only two people" know for sure what happened inside Monserrate's apartment on Dec. 19, 2008, when Giraldo's face was cut, the judge said.
Erlbaum said he could not say for sure if Giraldo was lying, as prosecutors contended. "Can one know she's not being forgiving or that she's not being compassionate?" he said. "One can't know that." Erlbaum concluded, "Proof beyond a reasonable doubt is lacking."
"Yes!" a Monserrate supporter yelled after Monserrate skated on the most serious charges.
Those charges come from an incident in which the state senator from Queens allegedly pushed around Giraldo and cut her face up with a piece of broken glass. The misdemeanor assault charges the politician was found guilty on stemmed from a scuffle in front of security cameras. Queens DA Richard Brown had no problems with the conviction on lesser charges, stating that the verdict (and surveillance camera) showed that "the defendant physically abused his victim."
Though the misdemeanor conviction calls for a sentence of up to a year in jail, Monserrate will probably get probation, according to his attorney Joe Tacopina. "On a reckless misdemeanor, first offense, he won't go to jail," Tacopina said.
Politicians from both sides of the aisle, as well as leaders of the New York chapter of NOW, are demanding Montserrate's resignation, even though the resignation could cost NY Democrats there slim majority in the NY Senate.
According to state senator Martin Golden (R-Brooklyn), the conviction meant that "ouster is an option . . . it should be seriously considered. It's an assault against a woman. I would hope he would just step aside and move on, but I know better. He ain't going anywhere."
"I was praying that [expletive deleted] would get convicted and he would be gone," said an anonymous Democratic politician. A second senator stated that "a lot of people want to oust him. As the days go by, I think most people will (agree) that we should get rid of the guy. This is not a guy who most of his colleagues want to see back."
Marcia Pappas, president of New York NOW, said "The man is violent. If the Democratic leadership took some kind of action it would certainly send a strong message to women around the state that they are serious about protecting women."
New York Daily News columnist Joanna Molloy has her own take on this incident.
Amazingly, according to Tacopina, "She loves him, as she testified in court. As he said yesterday, he loves her...And they're looking to get back together and resume their marriage...uh, relationship."
To which GDNY (Good Day New York) anchor Rosanna Scotto said, "Will they get married?" and Tacopina replied, "Maybe I said marriage, maybe I let the cat out of the bag, but that's where it's heading."
A few of Monserrate's constituents were also taken aback by the verdict. One woman said, "How do you accidentally smack her with a bottle? I think he did it and she’s afraid. He should be in jail," while a man who previously voted for Monserrate but won't do so again told the NY Times, "He’s a lucky man. Any normal person would be locked up for years. Domestic violence. Guaranteed. You don’t hit a woman. You love a woman."
Monseratte faces up to a year in jail at his sentencing December 4.
(Update 12-5-09) Monserrate was sentenced to 3 years probation, a $1000 fine, 250 hours of community service, and domestic violence counseling for the attach on Giraldo yesterday. He said before Judge Erlbaum that "I am here because of my own actions . . . I am so sorry for the harm Karla Giraldo endured and suffered...It's very difficult, your honor, not to be with her. She deserves happiness, nothing but good."
Giraldo said in Spanish that "I don't need an order of protection. I want to be with him. I want to continue my normal life," Giraldo, 30, told the judge in Spanish. "Before this we had plans. We would like to get married."
Judge Erlbaum, to his credit, recognized that Giraldo was still under the thrall of her abuser, so he continued the protection order barring Monserrate from seeing her. "I am loath to say you can't be together. But a promise alone that Mr. Monserrate will respect her autonomy is a far cry from remedying the green-eyed monster of jealousy. I hope the time will come that Karla Giraldo will have the self-respect to stop acting like a slave."
Giraldo's lawyer hopes that the protection order is lifted. The New York Senate's Special Committee of Inquiry will decide whether to expel him later this month.
(Update 2-11-10) On Tuesday night, Monserrate was expelled from the New York State Senate by a 53-8 vote. This was the first expulsion from the NY Senate since 1861. All 30 Republicans and 23 Democrats voted for expulsion, with Governor David Patterson announcing a special election for March 16.
Monserrate said that his expulsion was unwarranted because others expelled from the New York Senate committed other, more serious violations.
Make no mistake about it, this is an effort by some in this body to publicly demonstrate that it is going to expiate all of its sins, and Hiram Monserrate is the perfect scapegoat for your absolution...[I] have also seen a long list of others who were convicted or plead to misdemeanors; many negotiated these pleas to avoid felony convictions. And in all that time no one stood up to say, ‘enough’s enough,’ even when the behavior became common knowledge .
Yet with all of this history of corrupt and suspect behavior, no senator has ever been forced to face the prospect of expulsion until now...Let me remind everyone that a new election cycle is right around the corner,” he said “If my sins are of such magnitude that the voters of the 13th Senatorial District feel that they can no longer support my continued service-then so be it. It should be up to them to expel me, if they should so decide, but not up to this body.”
Major state newspapers applauded the decision. So did the president of New York NOW, Marcia Pappas, who said, "Anything less than expulsion was not acceptable. Any form of violence against women is not acceptable."
Oro Valley man gets 25 to life for strangling "girlfriend," mom of 2
On Aug. 12, 2008, [36 year old Paul] Beam's father called 911 to say there had been a domestic violence incident at his son's Oro Valley apartment and his son's girlfriend had been injured. Beam was outside when police arrived, but he turned and went back inside, according to court documents. When police got him to open the door, he said he and two children were the only ones in the apartment.
During a search of the apartment, police found Berrie unconscious on the bedroom floor. She was pronounced dead at University Medical Center about an hour later. An autopsy revealed Berrie had been beaten and strangled.
During his trial, Darlene Edminson-O'Brien, assistant Pima County public defender, asked jurors to convict Beam of manslaughter, saying Beam acted in the heat of passion after Berrie told him she was leaving him and taking their 2-year-old daughter, Katlyn.
However, the victim's parents, Marc and Linda Berrie, told the court that their daughter told them Beam was abusive and that she feared for her life if she ever left him. The parents also helped their daughter apply for jobs in their home state of Delaware for an eventual move back there.
Besides the loss of their daughter, the victim's parents had to move to Tucson to take care of their grandchildren, Katlyn and 8 year old Jeremy. This was because Arizona did not want the children moved out of state. The victim's mother had to retire and become her grandkids' full time caregiver, and this has cost them their life savings.
As for the kids, Katlin reeancts her mother's last moments with her dolls and asks why she can't go and see her mom.
The victim's sister, 24 year old Suzanne Berrie, said that her sister, "a strong Viking woman," would have fought back if given the chance. "He's not a man. He's an animal."
Jeremy, before showing Pima County Superior Court Judge Clark Munger a picture of his mother, said "I feel mad and sad. Because of this man, my sister is an orphan."
Beam himself read a statement about his "extreme regret" for the killing of Jeremy and Katlin's mom. "I cannot give back what I've taken and for that I'm truly sorry...I do not ask for forgiveness because I can't forgive myself. This never should have happened and I accept responsibility for that."
Saturday, January 2, 2010
Habitual felon sentenced to 72 years for shooting death of "girlfriend"
A habitual felon was sentenced to up to 72 years in prison on New Year's Eve by Larimer County, CO Judge David Williams for the shooting death of his girlfriend, 25 year old Valerie Gendernalik, a Colorado State University graduate. 30 year old Justin Levi Moore, convicted of 2nd degree murder, would have only faced 16 to 48 years in prison if he had no previous criminal record.
Evidence presented at trial showed the couple had been out drinking with friends in Old Town hours before Gendernalik was shot in the head at close range.
Jurors heard testimony about the couple’s strained relationship in the weeks leading up to the shooting, Gendernalik’s phone call to her ex-boyfriend the night she died and of allegations of domestic violence from two of Moore’s ex-girlfriends.
Moore claimed he and Gendernalik were toying with the weapon when it went off. Jurors needed just 3½ hours to return their guilty verdict.
Larisa Gendernalik, the victim's mother, said that "We all know the story of (Fyodor) Dostoevsky where he was punished by himself. I watched Justin throughout the case and throughout the 18 months here in this courtroom. I truly believe he did not feel any punishment in his own mind.”
The victim's father, Larry said that he did not believe that his daughter was gone until he saw the evidence in court. "It wasn’t until I saw everything in the trial that I realized he did go out and acquire a gun and within weeks he put that gun to my daughter’s head and fired. And I guess really that was when I finally knew that Valerie was gone.”
Despite the conviction and sentencing, Moore maintained his innocence.
I am a human being and I am imperfect. I am a sinner. I am guilty of sins in my past, and I am guilty of crimes in my past and mistakes I made as a young man. I pleaded guilty to the crimes that I was guilty of. This is the first trial that I've been to in my extensive, as (prosecutors) put it, criminal history ... this is the first time I have disputed any act because I am honestly not guilty.
Evidence presented at trial showed the couple had been out drinking with friends in Old Town hours before Gendernalik was shot in the head at close range.
Jurors heard testimony about the couple’s strained relationship in the weeks leading up to the shooting, Gendernalik’s phone call to her ex-boyfriend the night she died and of allegations of domestic violence from two of Moore’s ex-girlfriends.
Moore claimed he and Gendernalik were toying with the weapon when it went off. Jurors needed just 3½ hours to return their guilty verdict.
Larisa Gendernalik, the victim's mother, said that "We all know the story of (Fyodor) Dostoevsky where he was punished by himself. I watched Justin throughout the case and throughout the 18 months here in this courtroom. I truly believe he did not feel any punishment in his own mind.”
The victim's father, Larry said that he did not believe that his daughter was gone until he saw the evidence in court. "It wasn’t until I saw everything in the trial that I realized he did go out and acquire a gun and within weeks he put that gun to my daughter’s head and fired. And I guess really that was when I finally knew that Valerie was gone.”
Despite the conviction and sentencing, Moore maintained his innocence.
I am a human being and I am imperfect. I am a sinner. I am guilty of sins in my past, and I am guilty of crimes in my past and mistakes I made as a young man. I pleaded guilty to the crimes that I was guilty of. This is the first trial that I've been to in my extensive, as (prosecutors) put it, criminal history ... this is the first time I have disputed any act because I am honestly not guilty.
Wednesday, December 30, 2009
Manchester, IA man gets 35 years for shooting now ex "girlfriend"
BY COURTNEY BLANCHARD TH STAFF WRITER
MANCHESTER, Iowa -- Robert Krogmann on Monday [December 21] received the maximum penalty for shooting and critically wounding his ex-girlfriend, after the judge said he showed a "continued refusal to take responsibility for his actions."
The 51-year-old was handed a 35-year sentence, after the maximum sentences for attempted murder and willful injury were ordered to be served consecutively. Krogmann was convicted last month in the March 13 shooting of Jean Smith, 49, at her Manchester home.
With minimum-sentencing laws, he likely will stay in jail until he's 75.
Dubuque County District Court Judge Lawrence Fautsch said he based his decision on the recommendation of the prosecution and the pre-sentence investigation. According to a pre-sentence report, Krogmann said he believed Smith was "trying to crucify me." "She's been getting along quite well, considered what they did to me," Krogmann said in the report.
Delaware County Attorney John Bernau argued that in recorded conversations and letters sent after the trial, Krogmann showed contempt for "everyone and everything." Bernau said Krogmann insulted his own children ("My -- expletive deleted -- kids better all be at my sentencing ... because it would just look stupid if they weren't there"), the jury ("The jury doesn't know a -- expletive-deleted -- thing about bipolar disorder"), a jailer ("worthless piece of -- expletive deleted"), and even the mashed potatoes served in the jail ("slop").
Bernau also accused Krogmann of "orchestrating" the large showing of family support in the courtroom.Krogmann's sister, Patty Wessels, of Cedar Rapids, Iowa, said that wasn't the case. "He's my brother, and I wanted to be here," she said.
During trial, Krogmann claimed that a yearslong battle with bipolar disorder and depression skewed his judgment during the shooting, and he didn't intend to kill Smith. "I was sick," he said Monday. "I only intended on ending my own life."
Krogmann shot Smith three times, in the stomach, arm and spine. Smith testified that she pleaded for Krogmann to call 911, but he didn't allow it. He finally let her call her mother, who dialed authorities from out-of-state, Smith said.
But during the sentencing, Krogmann said he called 911 and gave her "everything she wanted" after he shot her. "I stayed with her until I was chased away," he said.
Jean Smith said her life will never be the same. Metal plates and screws hold her arm and spine together, and though she may be able to walk again, it would only be with the aid of braces on her legs. "You have already given me a life sentence," she told Krogmann.
MANCHESTER, Iowa -- Robert Krogmann on Monday [December 21] received the maximum penalty for shooting and critically wounding his ex-girlfriend, after the judge said he showed a "continued refusal to take responsibility for his actions."
The 51-year-old was handed a 35-year sentence, after the maximum sentences for attempted murder and willful injury were ordered to be served consecutively. Krogmann was convicted last month in the March 13 shooting of Jean Smith, 49, at her Manchester home.
With minimum-sentencing laws, he likely will stay in jail until he's 75.
Dubuque County District Court Judge Lawrence Fautsch said he based his decision on the recommendation of the prosecution and the pre-sentence investigation. According to a pre-sentence report, Krogmann said he believed Smith was "trying to crucify me." "She's been getting along quite well, considered what they did to me," Krogmann said in the report.
Delaware County Attorney John Bernau argued that in recorded conversations and letters sent after the trial, Krogmann showed contempt for "everyone and everything." Bernau said Krogmann insulted his own children ("My -- expletive deleted -- kids better all be at my sentencing ... because it would just look stupid if they weren't there"), the jury ("The jury doesn't know a -- expletive-deleted -- thing about bipolar disorder"), a jailer ("worthless piece of -- expletive deleted"), and even the mashed potatoes served in the jail ("slop").
Bernau also accused Krogmann of "orchestrating" the large showing of family support in the courtroom.Krogmann's sister, Patty Wessels, of Cedar Rapids, Iowa, said that wasn't the case. "He's my brother, and I wanted to be here," she said.
During trial, Krogmann claimed that a yearslong battle with bipolar disorder and depression skewed his judgment during the shooting, and he didn't intend to kill Smith. "I was sick," he said Monday. "I only intended on ending my own life."
Krogmann shot Smith three times, in the stomach, arm and spine. Smith testified that she pleaded for Krogmann to call 911, but he didn't allow it. He finally let her call her mother, who dialed authorities from out-of-state, Smith said.
But during the sentencing, Krogmann said he called 911 and gave her "everything she wanted" after he shot her. "I stayed with her until I was chased away," he said.
Jean Smith said her life will never be the same. Metal plates and screws hold her arm and spine together, and though she may be able to walk again, it would only be with the aid of braces on her legs. "You have already given me a life sentence," she told Krogmann.
Monday, December 28, 2009
Judge rejects plea agreement between victim and ex-"girlfriend"
A man whose potential maximum sentence went from 20 to 2 years had his plea agreement rejected by Allen County Superior Court Judge Fran Gull after his victim, his ex-girlfriend, said that the agreement prevented her from getting justice in the case. 31 year old Chad Reuille broke into his "girlfriend" K.P.'s Fort Wayne, IN home and allegedly raped her at knifepoint last July. Reuille was originally charged with rape, but pled guilty to residential entry and invasion of privacy.
Allen County Deputy Prosecutor Stacey Speith said that text messages suggested that the attack made it hard to convict on a charge of rape, but the victim said that the statement was taken out of context.
According to both Speith and [K.P.], at some point after the alleged July attack in her home, Parrish sent Reuille’s sister a text message. The message was in response to questioning about why she hadn’t reported Reuille for alleged abuse earlier.
To which [K.P.] responded that Reuille “never used a knife.” While prosecutors might have believed that statement could indicate to the jury that [K.P.] changed her story, [she] said the text was taken out of context. “I meant he’d never used a knife before,” she said.
The victim said that “I don’t think he should just be able to be out,” Parrish said during the hearing. “I’m scared. I don’t understand this offer.” Judge Gull will sentence Reuille at a later date, to give both the prosecution and defense a chance to make a new plea agreement.
Allen County Deputy Prosecutor Stacey Speith said that text messages suggested that the attack made it hard to convict on a charge of rape, but the victim said that the statement was taken out of context.
According to both Speith and [K.P.], at some point after the alleged July attack in her home, Parrish sent Reuille’s sister a text message. The message was in response to questioning about why she hadn’t reported Reuille for alleged abuse earlier.
To which [K.P.] responded that Reuille “never used a knife.” While prosecutors might have believed that statement could indicate to the jury that [K.P.] changed her story, [she] said the text was taken out of context. “I meant he’d never used a knife before,” she said.
The victim said that “I don’t think he should just be able to be out,” Parrish said during the hearing. “I’m scared. I don’t understand this offer.” Judge Gull will sentence Reuille at a later date, to give both the prosecution and defense a chance to make a new plea agreement.
Saturday, December 12, 2009
Vermont man with girlfriend, wife sentenced to 15-30 years for assaults
A man with a girlfriend and a wife living with him was sentenced to 15 to 30 years in a Vermont prison Wednesday, December 9 for physically, emotionally, and sexually abusing them at their Williston, VT home. Judge Michael Kupersmith sentenced Kaseem Smith in Vermont District Court in Burlington after a plea aggreement in which sex assault charges were dropped in exchange for guilty pleas to two aggravated domestic assault charges.
The charges which lead to the assault charges were two instances in 2007 where Smith hit his "girlfriend" with a walking stick until it broke, and hitting her with hand weights. After that incident, the "girlfriend" fled the house, assisted by her employer and the women's advocacy group Women Helping Battered Women.
Other instances against both women included forcing or coercing the women to either fight or have sex with each other while he watched, having the girlfriend eat her contacts as punishment for disobeying him, and putting a gun in his wife's mouth and telling her not to move because the safety wasn't on.
"You just took whatever happened and hoped it would end soon," said the "girlfriend." The wife said that "You had to do everything Kaseen said to do, otherwise, you were looking for a beating."
Smith, 34, once hosted a show called "KA Live," which aired weekly on Channel 15, a community access channel in Burlington. He is also a former coach for youth football in Essex and youth recreational basketball in Williston.
Smith's lawyers argued that neither woman ever sought medical help as a result of injuries allegedly inflicted by Smith. The two women conceded under questioning that Smith never abused any of their children and was well liked by the kids he coached.
The lawyers also questioned the veracity of some of what the women said Smith did. "A lot of the allegations are easily made, but difficult to disprove," Bill Skiff, one of Smith's lawyers, told Kupersmith.
Smith, in a brief statement just before Kupersmith sentenced him, apologized to his estranged wife and the ex-girlfriend for his conduct. "I'd like to say I'm sorry for the mental and physical anguish I caused the ladies and the kids," he said. "But I'm a peaceful guy now."
Chittenden County Deputy State's Attorney Rosemary Gretkowski said that "Anything less than this sentence would demean the severity and the atrocity of this abuse."
To his credit, Judge Kupersmith said that "Mr. Smith is a chronic batterer and abuser. I consider him to be a major danger to the community... What I have heard is credible evidence of years and years of physical, sexual and emotional abuse perpetrated on two women."
The charges which lead to the assault charges were two instances in 2007 where Smith hit his "girlfriend" with a walking stick until it broke, and hitting her with hand weights. After that incident, the "girlfriend" fled the house, assisted by her employer and the women's advocacy group Women Helping Battered Women.
Other instances against both women included forcing or coercing the women to either fight or have sex with each other while he watched, having the girlfriend eat her contacts as punishment for disobeying him, and putting a gun in his wife's mouth and telling her not to move because the safety wasn't on.
"You just took whatever happened and hoped it would end soon," said the "girlfriend." The wife said that "You had to do everything Kaseen said to do, otherwise, you were looking for a beating."
Smith, 34, once hosted a show called "KA Live," which aired weekly on Channel 15, a community access channel in Burlington. He is also a former coach for youth football in Essex and youth recreational basketball in Williston.
Smith's lawyers argued that neither woman ever sought medical help as a result of injuries allegedly inflicted by Smith. The two women conceded under questioning that Smith never abused any of their children and was well liked by the kids he coached.
The lawyers also questioned the veracity of some of what the women said Smith did. "A lot of the allegations are easily made, but difficult to disprove," Bill Skiff, one of Smith's lawyers, told Kupersmith.
Smith, in a brief statement just before Kupersmith sentenced him, apologized to his estranged wife and the ex-girlfriend for his conduct. "I'd like to say I'm sorry for the mental and physical anguish I caused the ladies and the kids," he said. "But I'm a peaceful guy now."
Chittenden County Deputy State's Attorney Rosemary Gretkowski said that "Anything less than this sentence would demean the severity and the atrocity of this abuse."
To his credit, Judge Kupersmith said that "Mr. Smith is a chronic batterer and abuser. I consider him to be a major danger to the community... What I have heard is credible evidence of years and years of physical, sexual and emotional abuse perpetrated on two women."
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