☛ TS Kesser attempts suicide at Humboldt County jai
Richard Craig Kesser, a former Fortuna resident who spent more than 17 years behind bars for the murder of his estranged wife in 1991, hanged himself in his jail cell early Tuesday morning.
The 47-year-old inmate was transported to St. Joseph Hospital and placed on life support, where he remained in critical condition throughout the day Tuesday, hospital staff reported.
The Humboldt County Sheriff's Office reported that at around 12:15 a.m. Tuesday, a correctional officer found an inmate hanging in his cell. The officer quickly cut the inmate down and began resuscitation efforts shortly before medical staff responded and began CPR.
The Sheriff's Office has so far declined to disclose the identity of the inmate. However, Humboldt County District Attorney Paul Gallegos, who led prosecution against Kesser during the past three years, confirmed the inmate was Kesser.
During an interview in late November, Kesser said he had been taking medication for depression, but was hopeful about his future after accepting a plea agreement offered by the District Attorney's Office.
”I suffer from depression from time to time,” he said. “I have a whole bunch of hopes. I'm trying to go home now, after 17 years ... hopefully someday I can get back to being a productive member of society.”
During that interview, Kesser also spoke about his 1991 plot to murder his wife, which had been schemed with his then-girlfriend Jennifer Leahy, who has since been released from jail.
The couple -- who had been dating for about four months at the time -- hired Stephen Duane Chiara for the hit. According to court documents, the three mapped out plans for the murder over the course of several weeks.
On Nov. 26, 1991, Mary Kesser was stabbed to death in her N Street home.
Authorities long suspected the motive was Mary Kesser's $50,000 life insurance policy. In 1992, a panel of jurors agreed, finding Richard Kesser, Leahy and Chiara guilty of first-degree murder.
The three were sentenced to life in prison without the possibility of parole.
Then, after 14 years behind bars at Pelican Bay State Prison, Richard Kesser and Leahy's verdicts were narrowly overturned by a panel of judges in the U.S. 9th Circuit Court of Appeals, on the grounds that former Humboldt County Deputy District Attorney Worth Dikeman had stricken three American Indians from the jury pool because of their race.
That decision led to Richard Kesser's return to the Humboldt County jail on Dec. 5, 2006.
In 2008, a plea agreement was struck between Richard Kesser and the District Attorney's Office, which compelled Richard Kesser to issue a truthful, polygraphed statement about the events that led to his former wife's murder. That agreement stipulated that if he truthfully completed the polygraph test, he would receive a second degree murder sentence, reducing his possible sentence from 25-years to life to 15-years to life.
Richard Kesser failed his first test in August. But in September, those results were thrown out by a Humboldt County Superior Court judge, who ruled the examiner used inadmissible techniques in the test.
The second test was cut short after Richard Kesser told the examiner he had been taking medication for depression.
A judge allowed Richard Kesser to take a third test in late November, but those results have not yet been disclosed by his attorney Glenn Brown.
Brown was unavailable for comment Tuesday.
”I was hopeful the first time -- I wanted to (pass) the first time,” Richard Kesser said the week before his third test. “Anybody who's lived in this building (the jail) for two years doesn't want to be here that long.”
According to Gallegos, Richard Kesser left a suicide note inside his cell. However, the contents of that note have not been released.
Sean Garmire can be reached at 441-0514 or sgarmire@times-standard.com.
Sean Garmire/The Times-Standard
Posted: 12/03/2008 01:21:18 AM PST
Showing posts with label Gallegos/Kesser. Show all posts
Showing posts with label Gallegos/Kesser. Show all posts
12.04.2008
TS - Man convicted of wife's murder dies after hanging himself
☛ TS Man convicted of wife's murder dies after hanging himself
Richard Craig Kesser, an inmate who reportedly hanged himself in his cell at the Humboldt County jail early Tuesday morning, has died.
According to information from the Humboldt County Coroner's Office, the 47-year-old inmate was pronounced dead at 11:06 p.m. Tuesday, after he had been placed on life support more than 20 hours earlier.
The cause of death in the suicide was ruled asphyxiation due to hanging, said Coroner Frank Jager.
Kesser, Jager said, “was mostly dead by the time they got him into the hospital,” but some lifesaving efforts were restricted as Kesser had signed a “Do Not Resuscitate” order.
At 12:15 a.m. Tuesday, a correctional officer found Kesser hanging from a noose made from a bed sheet inside his cell, where he had been housed alone. Kesser was cut down immediately and lifesaving efforts were made, but Jager said Kesser had been deprived of oxygen for too long.
Deputy Coroner Roy Horton said although investigators are not yet certain how long Kesser was hanging in his cell, it must have been “at least three or four minutes.”
An autopsy will be conducted by a forensic pathologist later this week, the Humboldt County Sheriff's Office reported.
Kesser was incarcerated in 1992 after a Humboldt County jury found him guilty of first-degree murder -- the result of a successful plot to murder his estranged wife in 1991. That sentence was later overturned and Kesser was returned to the Humboldt County jail on Dec. 5, 2006.
In 2008, a plea agreement was struck between Kesser and the District Attorney's Office. That agreement stipulated that if he truthfully completed the polygraph test, he would receive a second-degree murder sentence, reducing his possible sentence from 25 years to life to 15 years to life.
According to court documents, Kesser, along with his then-girlfriend Jennifer Leahy, hired hit man Stephen Chiara to murder 30-year-old Mary Kesser.
She was stabbed to death in her Fortuna home on Nov. 26, 1991 -- 17 years and six days before her former husband and the self-proclaimed “mastermind” of her murder committed suicide.
During an interview in late November, just weeks before his death, Richard Kesser admitted he was struggling with depression, for which he was taking medication.
According to the Sheriff's Office, Richard Kesser did leave a letter; however, that has not been made public, and no potential motive for the suicide has been released.
Sean Garmire can be reached at 441-0514 or sgarmire@times-standard.com.
Sean Garmire/The Times-Standard
Posted: 12/04/2008 01:15:37 AM PST
Richard Craig Kesser, an inmate who reportedly hanged himself in his cell at the Humboldt County jail early Tuesday morning, has died.
According to information from the Humboldt County Coroner's Office, the 47-year-old inmate was pronounced dead at 11:06 p.m. Tuesday, after he had been placed on life support more than 20 hours earlier.
The cause of death in the suicide was ruled asphyxiation due to hanging, said Coroner Frank Jager.
Kesser, Jager said, “was mostly dead by the time they got him into the hospital,” but some lifesaving efforts were restricted as Kesser had signed a “Do Not Resuscitate” order.
At 12:15 a.m. Tuesday, a correctional officer found Kesser hanging from a noose made from a bed sheet inside his cell, where he had been housed alone. Kesser was cut down immediately and lifesaving efforts were made, but Jager said Kesser had been deprived of oxygen for too long.
Deputy Coroner Roy Horton said although investigators are not yet certain how long Kesser was hanging in his cell, it must have been “at least three or four minutes.”
An autopsy will be conducted by a forensic pathologist later this week, the Humboldt County Sheriff's Office reported.
Kesser was incarcerated in 1992 after a Humboldt County jury found him guilty of first-degree murder -- the result of a successful plot to murder his estranged wife in 1991. That sentence was later overturned and Kesser was returned to the Humboldt County jail on Dec. 5, 2006.
In 2008, a plea agreement was struck between Kesser and the District Attorney's Office. That agreement stipulated that if he truthfully completed the polygraph test, he would receive a second-degree murder sentence, reducing his possible sentence from 25 years to life to 15 years to life.
According to court documents, Kesser, along with his then-girlfriend Jennifer Leahy, hired hit man Stephen Chiara to murder 30-year-old Mary Kesser.
She was stabbed to death in her Fortuna home on Nov. 26, 1991 -- 17 years and six days before her former husband and the self-proclaimed “mastermind” of her murder committed suicide.
During an interview in late November, just weeks before his death, Richard Kesser admitted he was struggling with depression, for which he was taking medication.
According to the Sheriff's Office, Richard Kesser did leave a letter; however, that has not been made public, and no potential motive for the suicide has been released.
Sean Garmire can be reached at 441-0514 or sgarmire@times-standard.com.
Sean Garmire/The Times-Standard
Posted: 12/04/2008 01:15:37 AM PST
10.26.2007
ER - Jury reacts to settlement in first-degree murder retrial
Jury reacts to settlement in first-degree murder retrial
by Heather Muller , 8/17/2007
Jurors were led into Judge Dale Reinholtsen’s courtroom Thursday for what they believed would be the continuation of the first-degree murder retrial against Richard Craig Kesser, but they took their seats in the gallery instead of the jury box.
Reinholtsen, perched on the edge of the defense table, explained to them that the case against Kesser had been settled in their absence the day before.
“(Kesser) has not entered a plea but has waived his right to a jury trial and agreed to let the judge decide the case based on court transcripts,” Reinholtsen said.
But the judge later added, “There’s no question whether he did it. The question is the level of involvement.”
That question may finally be answered after Kesser agreed Wednesday to provide a statement to the district attorney that specifies his precise role in the murder of his estranged wife, who was stabbed to death in her Fortuna home two nights before Thanksgiving in 1991.
Kesser further agreed to a polygraph test, Reinholtsen said, and if the test showed no deception and Kesser testified against his former girlfriend and alleged co-conspirator Jennifer Leahy, he would receive a bench verdict of guilt for second-degree murder, with a penalty of 15 years to life.
If deception were found, however, a bench verdict of guilt would be handed down for first-degree murder instead, which carries a sentence of 25 years to life.
One way or the other, the special allegations of murder for profit and lying in wait have been dropped, and Kesser may some day be released from custody.
In fact, Reinholtsen said, because Kesser had already served 15 years, “he would be eligible for consideration of parole at this time,” if he is charged with the lesser offense.
But the judge went on to say that Kesser’s chances of receiving parole were “slight.”
As part of the settlement, Kesser pleaded guilty to a felony charge of making terrorist threats, which does not impact his sentence but counts as a second strike offense under California’s three-strikes legislation.
“If he ever got out on parole and committed another felony,” Reinholtsen said, “he’d be looking at another 25 years to life.”
While he expressed no opinion of the settlement, Reinholtsen said, “In a good settlement, neither side’s happy.”
Jurors expressed surprise and disappointment that court proceedings ended so abruptly.
“You know this is our one-month anniversary,” juror Greg Brown joked with the judge.
Other jurors asked about the history of the case and also questioned why the settlement wasn’t reached sooner.
Juror Karen August expressed concern that Kesser’s sentence would be based on the truthfulness of his statement rather than the level of his involvement in the brutal murder.
Reinholtsen said he believed the families’ desire to move on with their lives played a role in the resolution.
“All sides wanted closure,” he said, “and I think that’s why this happened.”
Kesser, Leahy and Stephen Duane Chiara were convicted in 1992 of first-degree murder with special circumstances of 30-year-old Fortuna resident Mary Kesser and were sentenced to life in prison without the possibility of parole.
The Kesser and Leahy verdicts were overturned in September when a panel of judges ruled narrowly that former Humboldt County Deputy District Attorney Worth Dikeman rejected three Native Americans from the jury pool at least in part on the basis of their race.
Dikeman called the reversal the biggest disappointment of his career.
Copyright (C) 2005, The Eureka Reporter. All rights reserved
by Heather Muller , 8/17/2007
Jurors were led into Judge Dale Reinholtsen’s courtroom Thursday for what they believed would be the continuation of the first-degree murder retrial against Richard Craig Kesser, but they took their seats in the gallery instead of the jury box.
Reinholtsen, perched on the edge of the defense table, explained to them that the case against Kesser had been settled in their absence the day before.
“(Kesser) has not entered a plea but has waived his right to a jury trial and agreed to let the judge decide the case based on court transcripts,” Reinholtsen said.
But the judge later added, “There’s no question whether he did it. The question is the level of involvement.”
That question may finally be answered after Kesser agreed Wednesday to provide a statement to the district attorney that specifies his precise role in the murder of his estranged wife, who was stabbed to death in her Fortuna home two nights before Thanksgiving in 1991.
Kesser further agreed to a polygraph test, Reinholtsen said, and if the test showed no deception and Kesser testified against his former girlfriend and alleged co-conspirator Jennifer Leahy, he would receive a bench verdict of guilt for second-degree murder, with a penalty of 15 years to life.
If deception were found, however, a bench verdict of guilt would be handed down for first-degree murder instead, which carries a sentence of 25 years to life.
One way or the other, the special allegations of murder for profit and lying in wait have been dropped, and Kesser may some day be released from custody.
In fact, Reinholtsen said, because Kesser had already served 15 years, “he would be eligible for consideration of parole at this time,” if he is charged with the lesser offense.
But the judge went on to say that Kesser’s chances of receiving parole were “slight.”
As part of the settlement, Kesser pleaded guilty to a felony charge of making terrorist threats, which does not impact his sentence but counts as a second strike offense under California’s three-strikes legislation.
“If he ever got out on parole and committed another felony,” Reinholtsen said, “he’d be looking at another 25 years to life.”
While he expressed no opinion of the settlement, Reinholtsen said, “In a good settlement, neither side’s happy.”
Jurors expressed surprise and disappointment that court proceedings ended so abruptly.
“You know this is our one-month anniversary,” juror Greg Brown joked with the judge.
Other jurors asked about the history of the case and also questioned why the settlement wasn’t reached sooner.
Juror Karen August expressed concern that Kesser’s sentence would be based on the truthfulness of his statement rather than the level of his involvement in the brutal murder.
Reinholtsen said he believed the families’ desire to move on with their lives played a role in the resolution.
“All sides wanted closure,” he said, “and I think that’s why this happened.”
Kesser, Leahy and Stephen Duane Chiara were convicted in 1992 of first-degree murder with special circumstances of 30-year-old Fortuna resident Mary Kesser and were sentenced to life in prison without the possibility of parole.
The Kesser and Leahy verdicts were overturned in September when a panel of judges ruled narrowly that former Humboldt County Deputy District Attorney Worth Dikeman rejected three Native Americans from the jury pool at least in part on the basis of their race.
Dikeman called the reversal the biggest disappointment of his career.
Copyright (C) 2005, The Eureka Reporter. All rights reserved
8.20.2007
ER - Murder retrial an example of why writer left Humboldt County
Dear Editor,
Humboldt County’s esteemed district attorney wants to deal with Kesser for hiring someone to kill his wife? Both Kesser and his girlfriend should be retried and hopefully found guilty one more time.
The entire retrial is a farce to begin with! Both of these individuals should rot in prison for the rest of their lives for arranging the murder!
Just because Gallegos resented Worth Dikeman is no reason to set these two free or make a deal with them.
Mary Kesser was brutally murdered in her home — the innocent victim of three twisted minds. Her son has been left without a mother. What is the judicial system coming to in Humboldt County? It seems to me that it’s all politics. Where is the justice in that?
This is just one more reminder of why I left Humboldt County.
Kathy Sutter
Reno, Nev.
Murder retrial an example of why writer left Humboldt County
8/19/2007 Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Humboldt County’s esteemed district attorney wants to deal with Kesser for hiring someone to kill his wife? Both Kesser and his girlfriend should be retried and hopefully found guilty one more time.
The entire retrial is a farce to begin with! Both of these individuals should rot in prison for the rest of their lives for arranging the murder!
Just because Gallegos resented Worth Dikeman is no reason to set these two free or make a deal with them.
Mary Kesser was brutally murdered in her home — the innocent victim of three twisted minds. Her son has been left without a mother. What is the judicial system coming to in Humboldt County? It seems to me that it’s all politics. Where is the justice in that?
This is just one more reminder of why I left Humboldt County.
Kathy Sutter
Reno, Nev.
Murder retrial an example of why writer left Humboldt County
8/19/2007 Copyright (C) 2005, The Eureka Reporter. All rights reserved.
8.17.2007
Admission of polygraph evidence Code Section 351.1
EVIDENCE CODE SECTION 350-356
350. No evidence is admissible except relevant evidence.
351. Except as otherwise provided by statute, all relevant evidence
is admissible.
351.1.
(a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results.
(b) Nothing in this section is intended to exclude from evidence
statements made during a polygraph examination which are otherwise
admissible.
352. The court in its discretion may exclude evidence if its
probative value is substantially outweighed by the probability that
its admission will (a) necessitate undue consumption of time or (b)
create substantial danger of undue prejudice, of confusing the
issues, or of misleading the jury.
352.1. In any criminal proceeding under Section 261, 262, or 264.1,
subdivision (d) of Section 286, or subdivision (d) of Section 288a
of the Penal Code, or in any criminal proceeding under subdivision
(c) of Section 286 or subdivision (c) of Section 288a of the Penal
Code in which the defendant is alleged to have compelled the
participation of the victim by force, violence, duress, menace, or
threat of great bodily harm, the district attorney may, upon written
motion with notice to the defendant or the defendant's attorney, if
he or she is represented by an attorney, within a reasonable time
prior to any hearing, move to exclude from evidence the current
address and telephone number of any victim at the hearing.
The court may order that evidence of the victim's current address
and telephone number be excluded from any hearings conducted pursuant
to the criminal proceeding if the court finds that the probative
value of the evidence is outweighed by the creation of substantial
danger to the victim.
Nothing in this section shall abridge or limit the defendant's
right to discover or investigate the information.
353. A verdict or finding shall not be set aside, nor shall the
judgment or decision based thereon be reversed, by reason of the
erroneous admission of evidence unless:
(a) There appears of record an objection to or a motion to exclude
or to strike the evidence that was timely made and so stated as to
make clear the specific ground of the objection or motion; and
(b) The court which passes upon the effect of the error or errors
is of the opinion that the admitted evidence should have been
excluded on the ground stated and that the error or errors complained
of resulted in a miscarriage of justice.
354. A verdict or finding shall not be set aside, nor shall the
judgment or decision based thereon be reversed, by reason of the
erroneous exclusion of evidence unless the court which passes upon
the effect of the error or errors is of the opinion that the error or
errors complained of resulted in a miscarriage of justice and it
appears of record that:
(a) The substance, purpose, and relevance of the excluded evidence
was made known to the court by the questions asked, an offer of
proof, or by any other means;
(b) The rulings of the court made compliance with subdivision (a)
futile; or
(c) The evidence was sought by questions asked during
cross-examination or recross-examination.
355. When evidence is admissible as to one party or for one purpose
and is inadmissible as to another party or for another purpose, the
court upon request shall restrict the evidence to its proper scope
and instruct the jury accordingly.
356. Where part of an act, declaration, conversation, or writing is
given in evidence by one party, the whole on the same subject may be
inquired into by an adverse party; when a letter is read, the answer
may be given; and when a detached act, declaration, conversation, or
writing is given in evidence, any other act, declaration,
conversation, or writing which is necessary to make it understood may
also be given in evidence.
350. No evidence is admissible except relevant evidence.
351. Except as otherwise provided by statute, all relevant evidence
is admissible.
351.1.
(a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results.
(b) Nothing in this section is intended to exclude from evidence
statements made during a polygraph examination which are otherwise
admissible.
352. The court in its discretion may exclude evidence if its
probative value is substantially outweighed by the probability that
its admission will (a) necessitate undue consumption of time or (b)
create substantial danger of undue prejudice, of confusing the
issues, or of misleading the jury.
352.1. In any criminal proceeding under Section 261, 262, or 264.1,
subdivision (d) of Section 286, or subdivision (d) of Section 288a
of the Penal Code, or in any criminal proceeding under subdivision
(c) of Section 286 or subdivision (c) of Section 288a of the Penal
Code in which the defendant is alleged to have compelled the
participation of the victim by force, violence, duress, menace, or
threat of great bodily harm, the district attorney may, upon written
motion with notice to the defendant or the defendant's attorney, if
he or she is represented by an attorney, within a reasonable time
prior to any hearing, move to exclude from evidence the current
address and telephone number of any victim at the hearing.
The court may order that evidence of the victim's current address
and telephone number be excluded from any hearings conducted pursuant
to the criminal proceeding if the court finds that the probative
value of the evidence is outweighed by the creation of substantial
danger to the victim.
Nothing in this section shall abridge or limit the defendant's
right to discover or investigate the information.
353. A verdict or finding shall not be set aside, nor shall the
judgment or decision based thereon be reversed, by reason of the
erroneous admission of evidence unless:
(a) There appears of record an objection to or a motion to exclude
or to strike the evidence that was timely made and so stated as to
make clear the specific ground of the objection or motion; and
(b) The court which passes upon the effect of the error or errors
is of the opinion that the admitted evidence should have been
excluded on the ground stated and that the error or errors complained
of resulted in a miscarriage of justice.
354. A verdict or finding shall not be set aside, nor shall the
judgment or decision based thereon be reversed, by reason of the
erroneous exclusion of evidence unless the court which passes upon
the effect of the error or errors is of the opinion that the error or
errors complained of resulted in a miscarriage of justice and it
appears of record that:
(a) The substance, purpose, and relevance of the excluded evidence
was made known to the court by the questions asked, an offer of
proof, or by any other means;
(b) The rulings of the court made compliance with subdivision (a)
futile; or
(c) The evidence was sought by questions asked during
cross-examination or recross-examination.
355. When evidence is admissible as to one party or for one purpose
and is inadmissible as to another party or for another purpose, the
court upon request shall restrict the evidence to its proper scope
and instruct the jury accordingly.
356. Where part of an act, declaration, conversation, or writing is
given in evidence by one party, the whole on the same subject may be
inquired into by an adverse party; when a letter is read, the answer
may be given; and when a detached act, declaration, conversation, or
writing is given in evidence, any other act, declaration,
conversation, or writing which is necessary to make it understood may
also be given in evidence.
8.16.2007
TS - Kesser cuts deal in murder case
Kesser cuts deal in murder case
Chris Durant/The Times-Standard
Article Launched: 08/16/2007 04:27:16 AM PDT
A Fortuna man accused of hiring a hitman to kill his estranged wife in 1991 reached a plea agreement with the District Attorney's Office Wednesday that could require him to testify against his former girlfriend.
Richard Craig Kesser's retrial was scheduled to begin this week.
Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.
If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.
The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction.
Kesser may be called to testify in the trial of his one time codefendant and girlfriend, Jennifer Gayle Leahy.
Leahy and Kesser were granted retrials by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The appeals court found the former deputy district attorney rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
Kesser and Leahy allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna on Nov. 26, 1991. She was stabbed multiple times with what is believed to be a machete-type weapon. Leahy is due in court Monday for a hearing.
Chiara has also been brought back to Humboldt County as a possible witness in the case.
”The parties have the power to call him,” said District Attorney Paul Gallegos, the prosecutor in Kesser's retrial.
If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen.
Kesser, with slicked back hair and a short beard, quietly answered yes to all of Reinholtsen's questions.
After Wednesday's proceeding, Kesser shook hands with his attorney Glenn Brown and was escorted back to the jail.
Fortuna Police Chief Kris Kitna, who worked on the Kesser case in 1991, said he trusted the district attorney's judgment.
”As far as the Fortuna Police Department is concerned, we are essentially satisfied with this agreement,” he said.
If the plea agreement is accepted, which won't officially happen until Leahy's trial is completed, and Kesser complies with the orders of the agreement, he will also be convicted of a felony criminal threats charge, which is a strikeable offense.
”If he's ever paroled, he'll have two strikes against him,” Gallegos said.
If Kesser is convicted of the second-degree murder charge, he may be immediately eligible for a parole hearing because he's been in prison for 16 years. Gallegos said it is unlikely that Kesser will be paroled.
Gallegos also said Mary Kesser's family was made aware of the plea agreement and was part of the decision process.
”They have to know; it's their right,” Gallegos said. “And it's common decency.”
A deal for Leahy will not be discussed now, Gallegos said.
”We have to see what Mr. Kesser has to say,” he said.
Brown declined to comment on the plea agreement, citing Leahy's pending case.
Chris Durant/The Times-Standard
Article Launched: 08/16/2007 04:27:16 AM PDT
A Fortuna man accused of hiring a hitman to kill his estranged wife in 1991 reached a plea agreement with the District Attorney's Office Wednesday that could require him to testify against his former girlfriend.
Richard Craig Kesser's retrial was scheduled to begin this week.
Under the agreement, Kesser is required to make a full statement and answer any questions regarding the death of his estranged wife, Mary Kesser. He will also have to take a polygraph test and testify “truthfully” in any trial related to her death.
If Kesser completes all of the conditions, he will be convicted of second-degree murder and sentenced to 15 years to life in prison. If he lies during questioning or commits perjury while testifying, Kesser will be convicted of first-degree murder and sentenced to 25 years to life.
The District Attorney's Office also agreed to drop the special circumstance count of murder for monetary gain, a move which makes Kesser eligible for parole. As part of the deal, Kesser waives his right to appeal his conviction.
Kesser may be called to testify in the trial of his one time codefendant and girlfriend, Jennifer Gayle Leahy.
Leahy and Kesser were granted retrials by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The appeals court found the former deputy district attorney rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
Kesser and Leahy allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna on Nov. 26, 1991. She was stabbed multiple times with what is believed to be a machete-type weapon. Leahy is due in court Monday for a hearing.
Chiara has also been brought back to Humboldt County as a possible witness in the case.
”The parties have the power to call him,” said District Attorney Paul Gallegos, the prosecutor in Kesser's retrial.
If Kesser refuses to testify, make statements or take the polygraph, the plea agreement is off the table.
”That would be in violation of the agreement,” said Superior Court Judge Dale Reinholtsen.
Kesser, with slicked back hair and a short beard, quietly answered yes to all of Reinholtsen's questions.
After Wednesday's proceeding, Kesser shook hands with his attorney Glenn Brown and was escorted back to the jail.
Fortuna Police Chief Kris Kitna, who worked on the Kesser case in 1991, said he trusted the district attorney's judgment.
”As far as the Fortuna Police Department is concerned, we are essentially satisfied with this agreement,” he said.
If the plea agreement is accepted, which won't officially happen until Leahy's trial is completed, and Kesser complies with the orders of the agreement, he will also be convicted of a felony criminal threats charge, which is a strikeable offense.
”If he's ever paroled, he'll have two strikes against him,” Gallegos said.
If Kesser is convicted of the second-degree murder charge, he may be immediately eligible for a parole hearing because he's been in prison for 16 years. Gallegos said it is unlikely that Kesser will be paroled.
Gallegos also said Mary Kesser's family was made aware of the plea agreement and was part of the decision process.
”They have to know; it's their right,” Gallegos said. “And it's common decency.”
A deal for Leahy will not be discussed now, Gallegos said.
”We have to see what Mr. Kesser has to say,” he said.
Brown declined to comment on the plea agreement, citing Leahy's pending case.
TS - Homicide retrial now looking to start Thursday
While the Eureka Reporter reports (DA says plea deal a possibility in murder retrial) that Gallegos is likely to cut a plea deal with the convicted murderer, Kesser, the Times Standard reports that the trial has been postponed:
Homicide retrial now looking to start Thursday
Chris Durant/The Times-Standard
Article Launched: 08/15/2007 04:15:47 AM PDT
The retrial of a man suspected of hiring a hitman to kill his estranged wife in 1991 has been postponed a few more days.
Humboldt County District Attorney Paul Gallegos said Tuesday that the homicide retrial of Richard Craig Kesser now looks like it will start Thursday.
Last week, Gallegos said he believed the trial would start Monday.
Kesser and his girlfriend, Jennifer Gayle Leahy, allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna.
She was stabbed multiple times with what was believed to be a machete-type of blade.
Chiara was arrested a day later when he was found hiding in a closet. A sawed-off shotgun was found nearby. The other two defendants were arrested after a month.
Retrials were granted to Kesser and Leahy by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The court found he rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
It is unclear if Leahy and Kesser will be tried together.
Turns out, the next day, Gallegos does indeed cut a deal with Kesser, (Kesser cuts deal in murder case) not with Leahy, who played the lesser role in the murder for hire scheme they were convicted of, but with Kesser - who as part of the plea deal will "tell the truth" and presumably testify against Leahy.
It is part of the incomprehensible record of paul Gallegos, who will prosecute Sean Marsh for allowing his toddler to walk too far in front of him on the sleepy streets of Ferndale, but who will let jurderers and rapists strike deals.
Homicide retrial now looking to start Thursday
Chris Durant/The Times-Standard
Article Launched: 08/15/2007 04:15:47 AM PDT
The retrial of a man suspected of hiring a hitman to kill his estranged wife in 1991 has been postponed a few more days.
Humboldt County District Attorney Paul Gallegos said Tuesday that the homicide retrial of Richard Craig Kesser now looks like it will start Thursday.
Last week, Gallegos said he believed the trial would start Monday.
Kesser and his girlfriend, Jennifer Gayle Leahy, allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna.
She was stabbed multiple times with what was believed to be a machete-type of blade.
Chiara was arrested a day later when he was found hiding in a closet. A sawed-off shotgun was found nearby. The other two defendants were arrested after a month.
Retrials were granted to Kesser and Leahy by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The court found he rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
It is unclear if Leahy and Kesser will be tried together.
Turns out, the next day, Gallegos does indeed cut a deal with Kesser, (Kesser cuts deal in murder case) not with Leahy, who played the lesser role in the murder for hire scheme they were convicted of, but with Kesser - who as part of the plea deal will "tell the truth" and presumably testify against Leahy.
It is part of the incomprehensible record of paul Gallegos, who will prosecute Sean Marsh for allowing his toddler to walk too far in front of him on the sleepy streets of Ferndale, but who will let jurderers and rapists strike deals.
8.15.2007
ER - DA says plea deal a possibility in murder retrial
.
"Behind a locked courtroom door?" What's up with that?
DA says plea deal a possibility in murder retrial
The retrial of two of three people convicted 15 years ago in the brutal slaying of Fortuna resident Mary Kesser may be over before it begins.
Following days of speculation within the law enforcement community, Humboldt County District Attorney Paul Gallegos confirmed late Tuesday that a plea deal is possible in the first-degree murder case of Richard Craig Kesser and Jennifer Gayle Leahy.
In response to an e-mail question about a possible negotiated settlement, Gallegos stated, “Are there proposals out there? Yes. Have we reached an agreement? No. Is it possible that we will? Yes.”
Richard Kesser and Leahy were convicted in 1992 of hiring Stephen Duane Chiara to kill Mary Kesser, Richard’s estranged wife, a charge that included special allegations of murder for financial gain and lying in wait.
Mary Kesser, 30 years old and the mother of a then-4-year-old boy, was found two nights before Thanksgiving 1991 in her N Street home stabbed 34 times in her head, chest, back, abdomen and hands, according to court documents.
Chiara was quickly arrested, and within days police followed a trail of clues back to Richard Kesser and Leahy in what investigators called a murder-for-hire plot.
Attorneys for the two argued that Chiara was hired to blow up Mary Kesser’s car, not to kill her.
All three were convicted in 1992 and sentenced to life in prison without the possibility of parole — but the case, originally tried by former Deputy DA Worth Dikeman, was overturned on appeal in September, after a higher court found that he had made “blatant race-based strikes” of three American Indians from the approximately 140-member jury pool.
Within days of the appellate ruling, Dikeman, who twice campaigned against Gallegos for DA, was fired from his position. He subsequently called the reversal the “biggest disappointment” of his career.
Jury selection for the retrial began in July, and pretrial motions continued Tuesday behind a locked courtroom door.
Gallegos stated later, “There are, like in all cases, constant discussions involving possible dispositions. … (W)e always strive to be reasonable, open-minded and receptive to appropriate pretrial dispositions. That means we always strive to listen to proposals and fairly consider them.”
Kesser’s family, who met with the DA Tuesday, declined to comment.
***
Why would you plea bargain a proven winnable case? And what's with the locked courtroom door? Is that common?
God, this is a great time to be a criminal in Humboldt County. Murderer, Rapist, Child Molester, Drunk Driver, Drug Dealer, whatever...
***
In the TS - Homicide retrial now looking to start Thursday
The retrial of a man suspected of hiring a hitman to kill his estranged wife in 1991 has been postponed a few more days.
Humboldt County District Attorney Paul Gallegos said Tuesday that the homicide retrial of Richard Craig Kesser now looks like it will start Thursday.
Last week, Gallegos said he believed the trial would start Monday.
Kesser and his girlfriend, Jennifer Gayle Leahy, allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna.
She was stabbed multiple times with what was believed to be a machete-type of blade.
Chiara was arrested a day later when he was found hiding in a closet. A sawed-off shotgun was found nearby. The other two defendants were arrested after a month.
Retrials were granted to Kesser and Leahy by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The court found he rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
It is unclear if Leahy and Kesser will be tried together.
***
9th Circuit Opinion - KESSER v CAMBRA No. 02-15475, D.C. No. CV-96-03452-PJH, OPINION *Decided and filed together with the companion case of Leahy v. Farmon, No. 01-17467, (pdf file) No. 01-17467, (9th Cir. 2006) (unpublished disposition).
"Behind a locked courtroom door?" What's up with that?
DA says plea deal a possibility in murder retrial
The retrial of two of three people convicted 15 years ago in the brutal slaying of Fortuna resident Mary Kesser may be over before it begins.
Following days of speculation within the law enforcement community, Humboldt County District Attorney Paul Gallegos confirmed late Tuesday that a plea deal is possible in the first-degree murder case of Richard Craig Kesser and Jennifer Gayle Leahy.
In response to an e-mail question about a possible negotiated settlement, Gallegos stated, “Are there proposals out there? Yes. Have we reached an agreement? No. Is it possible that we will? Yes.”
Richard Kesser and Leahy were convicted in 1992 of hiring Stephen Duane Chiara to kill Mary Kesser, Richard’s estranged wife, a charge that included special allegations of murder for financial gain and lying in wait.
Mary Kesser, 30 years old and the mother of a then-4-year-old boy, was found two nights before Thanksgiving 1991 in her N Street home stabbed 34 times in her head, chest, back, abdomen and hands, according to court documents.
Chiara was quickly arrested, and within days police followed a trail of clues back to Richard Kesser and Leahy in what investigators called a murder-for-hire plot.
Attorneys for the two argued that Chiara was hired to blow up Mary Kesser’s car, not to kill her.
All three were convicted in 1992 and sentenced to life in prison without the possibility of parole — but the case, originally tried by former Deputy DA Worth Dikeman, was overturned on appeal in September, after a higher court found that he had made “blatant race-based strikes” of three American Indians from the approximately 140-member jury pool.
Within days of the appellate ruling, Dikeman, who twice campaigned against Gallegos for DA, was fired from his position. He subsequently called the reversal the “biggest disappointment” of his career.
Jury selection for the retrial began in July, and pretrial motions continued Tuesday behind a locked courtroom door.
Gallegos stated later, “There are, like in all cases, constant discussions involving possible dispositions. … (W)e always strive to be reasonable, open-minded and receptive to appropriate pretrial dispositions. That means we always strive to listen to proposals and fairly consider them.”
Kesser’s family, who met with the DA Tuesday, declined to comment.
***
Why would you plea bargain a proven winnable case? And what's with the locked courtroom door? Is that common?
God, this is a great time to be a criminal in Humboldt County. Murderer, Rapist, Child Molester, Drunk Driver, Drug Dealer, whatever...
***
In the TS - Homicide retrial now looking to start Thursday
The retrial of a man suspected of hiring a hitman to kill his estranged wife in 1991 has been postponed a few more days.
Humboldt County District Attorney Paul Gallegos said Tuesday that the homicide retrial of Richard Craig Kesser now looks like it will start Thursday.
Last week, Gallegos said he believed the trial would start Monday.
Kesser and his girlfriend, Jennifer Gayle Leahy, allegedly hired Duane Chiara to kill Mary Kesser, reportedly for her life insurance money.
The young mother was killed in her N Street home in Fortuna.
She was stabbed multiple times with what was believed to be a machete-type of blade.
Chiara was arrested a day later when he was found hiding in a closet. A sawed-off shotgun was found nearby. The other two defendants were arrested after a month.
Retrials were granted to Kesser and Leahy by the U.S. 9th Circuit Court of Appeals based on the actions of a former deputy district attorney. The court found he rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
It is unclear if Leahy and Kesser will be tried together.
***
9th Circuit Opinion - KESSER v CAMBRA No. 02-15475, D.C. No. CV-96-03452-PJH, OPINION *Decided and filed together with the companion case of Leahy v. Farmon, No. 01-17467, (pdf file) No. 01-17467, (9th Cir. 2006) (unpublished disposition).
7.16.2007
TS - Retrial drudges up past for longtime Fortuna residents
Retrial drudges up past for longtime Fortuna residents
Chris Durant/The Times-Standard
Article Launched: 07/16/2007 04:27:58 AM PDT
FORTUNA -- An old dusty box in Police Chief Kris Kitna's office is a reminder of the past.
A reminder of a crime that shook the Friendly City over a decade ago and is about to be rehashed in a lengthy retrial.
”This is something we thought was over,” Kitna said in a recent interview.
Jury selection is under way in the homicide retrial of Richard Craig Kesser and Jennifer Gayle Leahy, who allegedly hired Stephen Duane Chiara to kill Kesser's estranged wife in 1991.
Mary Kesser's body was found Nov. 26, 1991, in her N Street home with more than 30 stab wounds.
Chiara was arrested the next day when he was found hiding in Kesser's closet. Kesser and Leahy were arrested Dec. 10, 1991.
”It really affected a lot of people,” Kitna said. “Stuff like that doesn't happen here.”
Since the Kesser killing, there have been two other homicides in Fortuna, Kitna said. One was deemed self-defense, and the other was a murder/suicide pact between an elderly couple.
Kitna worked the case as a sergeant, along with Officer Cliff Chapman. They are the only officers currently on the force who were there when the killing occurred.
Kitna said that Mary Kesser was well
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known in Fortuna and that the brutality of the crime against the young mother rocked the community.
”This was a good person who got killed,” Kitna said. “This wasn't a drug deal gone bad or something like that.”
Rhonda Rael, who provided “gavel to gavel” coverage of the 1992 trial for the Times-Standard, said in a recent interview that it was who Mary Kesser was that sent shock waves through Fortuna and the county.
”It was particularly sad because she was an innocent victim and a young mother,” Rael said. “I remember Terry Farmer (the district attorney at the time) told me she fought. She fought back.”
After the killing, police offered counseling for officers and residents, Kitna said.
Police were alerted to the case when a relative called and said Mary Kesser didn't pick up her then 4-year-old son from the baby sitter.
Police found the body and the investigation began.
Mary Kesser's son still lives in the area, Kitna said, and is going to college.
Richard Kesser and Leahy were linked to the crime through phone calls made to Chiara's mother and friends in Sonoma County.
The alleged motive for the killing was Mary Kesser's $50,000 insurance policy.
All three of the accused were convicted in December 1992 by a seven-man, four-woman jury. They were sentenced in 1993.
In September 2006, the U.S. 9th Circuit Court of Appeals granted Richard Kesser and Leahy a retrial after finding that former Deputy District Attorney Worth Dikeman rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
Dikeman has denied the finding.
The Humboldt County District Attorney's Office estimates jury selection, which began last week, will take another three weeks. The trial is estimated to last three months.
Chris Durant/The Times-Standard
Article Launched: 07/16/2007 04:27:58 AM PDT
FORTUNA -- An old dusty box in Police Chief Kris Kitna's office is a reminder of the past.
A reminder of a crime that shook the Friendly City over a decade ago and is about to be rehashed in a lengthy retrial.
”This is something we thought was over,” Kitna said in a recent interview.
Jury selection is under way in the homicide retrial of Richard Craig Kesser and Jennifer Gayle Leahy, who allegedly hired Stephen Duane Chiara to kill Kesser's estranged wife in 1991.
Mary Kesser's body was found Nov. 26, 1991, in her N Street home with more than 30 stab wounds.
Chiara was arrested the next day when he was found hiding in Kesser's closet. Kesser and Leahy were arrested Dec. 10, 1991.
”It really affected a lot of people,” Kitna said. “Stuff like that doesn't happen here.”
Since the Kesser killing, there have been two other homicides in Fortuna, Kitna said. One was deemed self-defense, and the other was a murder/suicide pact between an elderly couple.
Kitna worked the case as a sergeant, along with Officer Cliff Chapman. They are the only officers currently on the force who were there when the killing occurred.
Kitna said that Mary Kesser was well
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known in Fortuna and that the brutality of the crime against the young mother rocked the community.
”This was a good person who got killed,” Kitna said. “This wasn't a drug deal gone bad or something like that.”
Rhonda Rael, who provided “gavel to gavel” coverage of the 1992 trial for the Times-Standard, said in a recent interview that it was who Mary Kesser was that sent shock waves through Fortuna and the county.
”It was particularly sad because she was an innocent victim and a young mother,” Rael said. “I remember Terry Farmer (the district attorney at the time) told me she fought. She fought back.”
After the killing, police offered counseling for officers and residents, Kitna said.
Police were alerted to the case when a relative called and said Mary Kesser didn't pick up her then 4-year-old son from the baby sitter.
Police found the body and the investigation began.
Mary Kesser's son still lives in the area, Kitna said, and is going to college.
Richard Kesser and Leahy were linked to the crime through phone calls made to Chiara's mother and friends in Sonoma County.
The alleged motive for the killing was Mary Kesser's $50,000 insurance policy.
All three of the accused were convicted in December 1992 by a seven-man, four-woman jury. They were sentenced in 1993.
In September 2006, the U.S. 9th Circuit Court of Appeals granted Richard Kesser and Leahy a retrial after finding that former Deputy District Attorney Worth Dikeman rejected potential jurors “on the basis of their race, in violation of the Equal Protection Clause of the 14th Amendment.”
Dikeman has denied the finding.
The Humboldt County District Attorney's Office estimates jury selection, which began last week, will take another three weeks. The trial is estimated to last three months.
7.12.2007
ER - Murder retrial begins Monday
Murder retrial begins Monday
by Kara Machado, 7/7/2007
Proceedings are scheduled to begin Monday in the new trial of two codefendants accused of a November 1991 Fortuna murder.
Richard Craig Kesser, 47, and Jennifer Gayle Leahy, 37, will appear in court Monday to begin the process of their second chance to prove they are not guilty.
The case is scheduled to be presided over by Humboldt County Superior Court Judge Dale A. Reinholtsen, according to Humboldt County Assistant District Attorney Wes Keat.
Kesser is represented by Humboldt County Chief Conflict Counsel Glenn Brown and Leahy is represented by Eureka-based attorney Neal Sanders.
Humboldt County DA Paul Gallegos is planning on prosecuting the case, confirmed Humboldt County Deputy DA Allan Dollison Friday.
A compilation of past reports indicates Kesser and Leahy plotted to kill Kesser’s former wife, Mary, for her insurance money and that they hired Stephen Duane Chiara — who was convicted of Kesser’s wife’s murder in November 1991.
A document from the U.S. 9th Circuit Court of Appeals indicates Kesser, Leahy and Chiara were all found guilty of first-degree murder with special circumstances — the special circumstances were not specified in the appellate court document — and were sentenced to life in prison without the possibility of parole.
Kesser, Leahy and Chiara all had state court appeals denied, but only Kesser and Leahy went on to appeal in federal court, Dollison confirmed.
In September, the 9th Circuit Court of Appeals overturned Kesser’s and Leahy’s 1992 murder convictions — when it was ruled that former Humboldt County Deputy DA Worth Dikeman had made racially based remarks during the jury selection process, past reports indicate.
Dikeman has denied being racially biased in the jury selection process.
Dollison said jury selection in the new trial for Kesser and Leahy is expected to last about a month and that the trial is expected to last “anywhere from four to six months.”
“The original trial — with the three defendants and all-day trial proceedings and 88 witnesses — took six months,” Dollison said. “The new trial, with two defendants, will have upwards of probably 65 to 70 witnesses in total — the prosecution will have about 55 to 56 witness — but will only consist of half-day (trial) proceedings.”
Dollison said both defense attorneys will have the opportunity to make opening statements to jurors, can call their own witnesses when presenting their cases on behalf of their clients and will each have the opportunity to make closing arguments about the case to the jury.
Brown could not be reached for comment by the end of business day Friday.
Sanders, who confirmed he was also Leahy’s attorney in the first trial, declined to comment about the case.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
by Kara Machado, 7/7/2007
Proceedings are scheduled to begin Monday in the new trial of two codefendants accused of a November 1991 Fortuna murder.
Richard Craig Kesser, 47, and Jennifer Gayle Leahy, 37, will appear in court Monday to begin the process of their second chance to prove they are not guilty.
The case is scheduled to be presided over by Humboldt County Superior Court Judge Dale A. Reinholtsen, according to Humboldt County Assistant District Attorney Wes Keat.
Kesser is represented by Humboldt County Chief Conflict Counsel Glenn Brown and Leahy is represented by Eureka-based attorney Neal Sanders.
Humboldt County DA Paul Gallegos is planning on prosecuting the case, confirmed Humboldt County Deputy DA Allan Dollison Friday.
A compilation of past reports indicates Kesser and Leahy plotted to kill Kesser’s former wife, Mary, for her insurance money and that they hired Stephen Duane Chiara — who was convicted of Kesser’s wife’s murder in November 1991.
A document from the U.S. 9th Circuit Court of Appeals indicates Kesser, Leahy and Chiara were all found guilty of first-degree murder with special circumstances — the special circumstances were not specified in the appellate court document — and were sentenced to life in prison without the possibility of parole.
Kesser, Leahy and Chiara all had state court appeals denied, but only Kesser and Leahy went on to appeal in federal court, Dollison confirmed.
In September, the 9th Circuit Court of Appeals overturned Kesser’s and Leahy’s 1992 murder convictions — when it was ruled that former Humboldt County Deputy DA Worth Dikeman had made racially based remarks during the jury selection process, past reports indicate.
Dikeman has denied being racially biased in the jury selection process.
Dollison said jury selection in the new trial for Kesser and Leahy is expected to last about a month and that the trial is expected to last “anywhere from four to six months.”
“The original trial — with the three defendants and all-day trial proceedings and 88 witnesses — took six months,” Dollison said. “The new trial, with two defendants, will have upwards of probably 65 to 70 witnesses in total — the prosecution will have about 55 to 56 witness — but will only consist of half-day (trial) proceedings.”
Dollison said both defense attorneys will have the opportunity to make opening statements to jurors, can call their own witnesses when presenting their cases on behalf of their clients and will each have the opportunity to make closing arguments about the case to the jury.
Brown could not be reached for comment by the end of business day Friday.
Sanders, who confirmed he was also Leahy’s attorney in the first trial, declined to comment about the case.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.