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Tuesday, September 30, 2008

AZ- Slain man had violated court order, police say

9-30-2008 Arizona:

A woman shot and killed a man when he disregarded a protective order, broke into her home and cornered her in a bedroom, police said Monday.

There were "prior incidents of violence" between the man and the unidentified 49-year-old woman, an investigator said.

Terry Dean Milburn died at the woman's house near 39th and Voltaire avenues at 2 a.m. Sunday. The woman was not injured.

Milburn, 45, a registered Class 3 sex offender, was released in 2006 from the Arizona Department of Corrections after serving more than one year of a three-year sentence for kidnapping a woman at knifepoint before sexually assaulting her.

He is listed in the Arizona Department of Public Safety's sex-offender database as a transient who lives at 15th Avenue and Encanto Boulevard.

The woman called 911 after Milburn arrived at her home to report a violation of a protective order.

"While on the phone with the 911 operator, (Milburn) forced his way into her house by breaking a window," Phoenix police Detective Cindy Scott said in an e-mail.

"Fearing for her safety, the victim retreated to her bedroom. The suspect followed her to this room and she fatally shot him."

Phoenix Police forwarded the case to the Maricopa County Attorney's Office for review after declining to recommend criminal charges against the woman, Scott said. ..News Source.. by Michael Ferraresi

Sunday, September 28, 2008

IN- Cops: Sex offender dies after resident caught him near daughter's room

This note is for future reference: There is something very wrong with this case, something is missing, I cannot fathom why, nor have I ever heard of another act like this one, where a person, living 500 feet away from a home, leaves his home totally naked -carrying latex gloves, rope, wearing a mask- walks totally naked through neighbors yards with the intent of breaking into a home 500 feet away. That behavior is so bizarre that I am having a hard time believing that is what happened, facts gathered from news reports.

9-28-2008 Indiana:

A jobless sex offender has died after a struggle with a northside Indianapolis resident who found him in his teenage daughter’s room wearing nothing but a mask and latex gloves, police say.

About 3:20 a.m. this morning, Indianapolis metropolitan police were dispatched to a residence at the 3000 block of West 79th Street to check a reported home invasion.

When they arrived, police said they found Robert McNally, 64, resident of the home, on the floor with his arms wrapped around the neck of an unresponsive David T. Meyers, 52.

Meyers, who police confirmed with family had a history of heart problems, was pronounced dead on the scene. They said a pending autopsy would determine if Meyers died of a possible heart attack or as a result of the choke hold.

Police said McNally will most likely not be arrested or charged in the incident.

“If a person breaks into your home, you are justified in using deadly force in defending your family,” said Sgt. Matthew Mount, a spokesman for the Indianapolis Metropolitan Police Department. “In this situation, I don’t think he was trying to kill him, he was trying to hold him down.”

McNally held Meyers down after answering his 17-year-old daughter’s scream for help. Police say Meyers gained access to the girl’s bedroom after sneaking in through a window near her room.

Police said Meyers also had rope, condoms and a knife with him, and that he had knowledge of the home’s layout because his uncle owned the property.

When reached by phone this afternoon, McNally was reluctant to comment and called the incident unfortunate.

“Nobody wins,” McNally said. “It’s a lose-lose situation for everybody. He has family also.”

He said his daughter was fine and went to church today after the ordeal. “She knew how to respond so she really alerted (us),” he said.

The Indianapolis Star generally does not identify alleged victims of sexual assault.

Meyers was a registered sex offender in Marion County and had been convicted in 1999 of criminal deviate conduct. He had been living with his mother for the last couple of years, the release said, and recently had lost his job.

Meyers also had served 10 years of a 20-year sentence for criminal confinement and sexual deviate conduct out of Hamilton County and was wanted in Boone County for failure to register as a sex offender, according to an IMPD release.

-In another news report below (10-9-2008) the failure to register out of Boone County, was for "failure to tell police the EXACT DATE he left his employment, he had notified them he was leaving, but failed to tell police the EXACT DATE!

The death is under investigation and will be reviewed by a Marion County prosecutor. ..News Source.. by Tania E. Lopez



Intruder dies after struggle with renter

9-29-2008 Indiana:

Dad restrained sex offender after finding him in teen's room

In a quiet enclave of four homes off West 79th Street, two families grieved for David Meyers late Sunday.

Earlier in the day -- in the middle of the night, actually -- Meyers, 52, broke into a teenage girl's room, naked and armed with a knife, and died after a struggle with her father, Robert McNally, 64, who heard his daughter scream for help.

The incident occurred in the home that McNally rents from Meyers' uncle, a few hundred feet away from where Meyers lived with his mother. It left both Meyers' family and McNally, who got along well with Meyers and sometimes had dinner with him, wondering why the registered sex offender did what he did. Saturday, Meyers had dinner with family members and had been talking about joining a church.

"Of the families on the lane, we're all kind of grieving together," said Bill Meyers, the older of David's two brothers, who lives in Zionsville. "Everybody seems to have taken the position that Dave kind of snapped."

About 3:20 a.m. Sunday, police said, Meyers entered the home in the 3500 block of West 79th Street through the 17-year-old girl's bedroom window, wearing only a mask and latex gloves and carrying rope, condoms and a knife.

The girl woke up, saw Meyers, and screamed, police said in a written release. McNally awoke to the screams and went to defend his daughter, according to Sgt. Matthew Mount, a spokesman for the Indianapolis Metropolitan Police Department.

A struggle ensued, beginning in the hallway of the home; when police arrived, they found McNally with his arm around Meyers' neck in the kitchen, police said.

Meyers was pronounced dead at the scene. Police said Meyers had a history of heart problems and that an autopsy will be conducted to determine whether he died of a heart attack or as a result of a choke hold.

Mount said McNally was not arrested, and it appeared unlikely charges would be filed because it seemed clear the resident was defending his family against an armed intruder.

In a brief telephone interview, McNally said his daughter was doing fine and went to church Sunday. He called the incident unfortunate but declined to elaborate Sunday evening.

"Nobody wins," McNally said. "It's a lose-lose situation for everybody. He has family, also."

David Meyers' aunt and uncle live next door to the rented ranch-style home where the incident occurred. David lived with his mother in the house behind his uncle's.

Bill Meyers said his family met with McNally on Sunday evening to talk about the incident. He said there were no hard feelings between the families, and McNally even asked if he could attend the funeral.

"It was awful, it was shameful, it was unforgivable," Bill Meyers said of his brother's actions. "He was insane for that period of time. That wasn't David on a day-to-day basis."

In 1998, David Meyers was convicted of criminal deviate conduct and criminal confinement, Marion County electronic court records show. He was sentenced to 13 years.

Mount said Meyers was registered as a sex offender in Marion County but was wanted in Boone County for failure to register as a sex offender there.

Bill Meyers said his brother had lived with his mother since his release from prison about six years ago. David Meyers had worked at a delicatessen and did seasonal construction work, but he struggled financially and suffered from mental health problems, his brother said.

David Meyers had a 14-year-old daughter and was divorced from her mother, Bill Meyers said. He said David's ex-wife distanced herself from him after he was charged in connection with the incidents in Marion County.

Bill Meyers said his brother brought most of his problems on himself but that his status as a sex offender made it difficult for him to get on with his life after serving his sentence.

David Meyers worked for a book manufacturing company but lost his job a few days ago. His brother said he had been prescribed a psychiatric drug but stopped taking it as recently as the past week.

"He did some stupid, stupid things," Bill Meyers said. "And he paid a heavy price." ..News Source.. by Francesca Jarosz and Tania Lopez

Home Invader Dies In Struggle With Father Of Intended Victim

INDIANAPOLIS -- A man who police said broke into a home with the intention of sexually assault a 17-year-old girl in her bedroom died early Sunday morning after a struggle with the girl's father.

David Meyers (pictured), 52, was pronounced dead at the scene shortly after officers arrived following a report of a home invasion in the 3500 block of West 79th Street at about 3:20 a.m.

Officers said they found Robert McNally, 64, on the floor with his arm around the neck of Meyers, struggling to hold him down.

When officers told McNally he could let go, they found that Meyers was unresponsive. Medics who were called to the scene then pronounced Meyers dead.

Indianapolis police Sgt. Matt Mount said Meyers had come into the home naked, except for a mask and latex gloves.

"He had rope, had a knife, had condoms, had a gag," Mount said.

Police said Meyers had gotten into the home through a window next to the girl's bedroom and that he knew the home well because his uncle owns it and he was an acquaintance of the family.

The teen awoke to find a naked man in her room and began screaming, alerting McNally, police said.

During a protracted struggle in the hallway of the home, McNally was able to get his arm around Meyers' neck and subdue him while his wife called police, officers said.

Meyers was a registered sex offender and was released from prison two years ago after he had served 10 years of a 20-year sentence for criminal confinement and sexual deviate conduct stemming from a case in Hamilton County.

Meyers was also being sought in Boone County for failure to register as a sex offender.

Police said Meyers had been living with his mother down a gravel road from the home that the McNally family lived in and had recently lost his job.

"When they got the mask off, both the father and daughter recognized him," Mount said.

Police said Meyers had a history of heart problems. They were not immediately sure if he died as a result of heart failure or from being choked.

The results of the police investigation will be turned over to the Marion County Prosecutor's Office, but it is unlikely charges will be filed, police said. ..News Source.. by 6News

Intruder dies in home invasion

Indianapolis - Metro Police say a father killed an intruder in his daughter's bedroom in an apparent act of self-defense.

According to police, 52-year-old David Meyers broke into a home in the 3500 block of West 79th Street early Sunday morning and entered the bedroom of a 17-year-old girl. He was carrying condoms, a rope and a knife, wearing nothing but a mask and a pair of latex gloves.

"He had come in, apparently, with the objective of raping her," IMPD Sgt. Matt Mount said.

She was screaming as her father ran into the bedroom and fought off the attacker. When police arrived, the father had his arm around the intruder's throat and was holding him.

"The father was able to get his arm around this guy's neck and throat and has him down on the ground. The mother calls 911, the police get there," Sgt. Mount described. "They tell the guy, 'Okay, you can let go of him now, we're here, we'll take care of this.' As he then releases his hold on him and putting the cuffs on him they realize he's unresponsive."

Meyers was pronounced dead a short time later at the scene.

Police say Meyers was a convicted sex offender, released from jail after serving half of his 20-year sentence.

"He had a warrant out for his arrest in Boone County, for failing to register," Sgt. Mount said.

For the past couple years, police say, Meyers had been living with his mother. Eyewitness News learned that home is just a few yards away from the scene of the invasion.

"The father, Robert McNally, the 64-year-old dad, when they get the mask off this guy, he realizes he knows this guy," Sgt. Mount said.

Investigators say Meyers had been in the house before. His uncle was the one renting it to the family.

"So he was familiar with the layout of the home. He had gotten in through a window of a room next to the bedroom of where the 17-year-old daughter was sleeping," Sgt. Mount said.

The case will be investigated as a homicide and it will be up to the prosecutor to decide whether to press charges. ..News Source.. by Cat Andersen, Eyewitness News

Coroner: Intruder died of strangulation

9-29-2008 Indiana:

A registered sex offender restrained by an Indianapolis father after a home break-in Sunday died of strangulation, the Marion County coroner has ruled.

David Meyers, 52, was dead by the time police arrived in the early morning at the home in the 3500 block of West 79th Street. He had climbed through a 17-year-old girl's bedroom window, wearing only a mask and latex gloves and carrying rope, condoms and a knife.

After the girl's father heard her screams, he struggled with Meyers, police said. Officers arrived to find Robert McNally, 64, holding Meyers -- with his arm around Meyers' neck -- in the kitchen. Meyers was pronounced dead at the scene.

An autopsy determined the cause of death to be asphyxia by strangulation with contributing cardiovascular disease, said Marchele Hall, the coroner's office manager. "He had heart problems," she said.

Matthew Symons, spokesman for the Marion County prosecutor, said McNally apparently acted in self-defense.

"Based on the facts we have, we don't anticipate filing any charges," Symons said. "We will do a standard review that we do in all such situations."

The incident occurred in the home that McNally rents from Meyers' uncle, a few hundred feet away from where Meyers lived with his mother. It left both Meyers' family and McNally, who got along well with Meyers and sometimes had dinner with him, wondering why he did what he did. Saturday, Meyers had dinner with family members and had been talking about joining a church.

In 1998, Meyers was convicted of criminal deviate conduct and criminal confinement, Marion County electronic court records show. He was sentenced to 13 years. ..News Source.. by Jon Murray

Boone County had warrant on sex offender in bizarre case

10-9-2008 Indiana:

The sex offender who died in an incident in Marion County Sunday was wanted on a warrant in Boone County.

Boone County Sheriff Ken Campbell said Monday his department had issued a warrant for 52-year-old David T. Meyers in May.

Police, responding to a call from Indianapolis’ northwest side about 3:20 a.m. Sunday, found Meyers on the hallway floor of an Indianapolis home with the homeowner, 64-year-old Robert McNally, with his arm around Meyers’ neck. Meyers was pronounced dead at the scene.

The incident began when McNally heard his 17-year-old daughter scream and found Meyers in her room.

Campbell said Meyers had been employed in the business park in Lebanon. Because he was a sex offender working in Boone County, he was required to register with the Boone County Sheriff’s Department.

Campbell said the sheriff’s department is diligent about keeping track of sex offenders who work and live in the county, and that Meyers had checked in as required through mid-May. That’s when he said he was leaving his job in the county. The sheriff’s department set the day of May 21 for a final interview with Meyer, but he called and rescheduled for the next day. When he didn’t show up for that meeting, a warrant was issued for failure to register as a sex offender. That warrant was sent to Marion County, where he lived.

“We do everything we can do to keep on top of it,” Campbell said. “If we find (someone) in violation, we try to get them in jail.”

That warrant had not been served.

Campbell said the outcome Sunday was unfortunate for everyone, “and clearly for this young woman,” he said.

Police said Meyers was naked except for a mask and latex gloves, and had entered the home through a window near the girl’s bedroom carrying rope, condoms and a knife.

Marchele Hall of the Marion County coroner’s office says the cause of Meyers’ death was ruled Monday to be asphyxia by strangulation with contributing cardiovascular disease.

Marion County prosecutor’s office spokesman Matthew Symons says no charges are anticipated against McNally, who locked his arm around Meyers’ neck and held him until police arrived.

According to information on the Indiana Sheriff’s Sex and Violent Offender Registry, Meyers was convicted in February 1999 of criminal deviant conduct and criminal confinement. He was sentenced to 20 years, with 10 years suspended. With good-time credit he was released in May 2004, but was to be on probation for 10 years and required to provide current information for the registry the remainder of his life. ..News Source.. by Marda Johnson, The Lebanon Reporter

Wednesday, September 24, 2008

CA- Prosecutor: Accused Killers Of Convicted Molester 'Proud Of What They Did'

9-24-2008 California:

Defense: Accused Were Looking To Intimidate, Not Maim Inmate

INDIO, Calif. -- Lawyers representing four of five men charged in the killing of a fellow inmate told an Indio jury Wednesday that their clients did not intend to kill the convicted child molester, but wanted to intimidate him into seeking protective custody to get him moved.

But prosecutor Anthony Orlando disputed the defense version of what happened at Chuckawalla State Prison near Blythe on June 21, 2005, saying two of the defendants beat Michael Green so savagely that he never regained consciousness, and all five were in on the plan and "proud of what they did."

Security was tight as the trial got under way at the Larson Justice Center for Robert James Deffenbaugh, 27, Frank George Barbosa, 55, Jack Stewart Woller, 23, Reggie Allan Bullock, Jr., 25, and Johnnie Dalerae Johnson, 29.

Nine sheriff's deputies positioned throughout the courtroom of Superior Court Judge John J. Ryan.

Green suffered severe head trauma when beaten in a bathroom in the C Yard, 7 building, according to court documents. He was transported to Palo Verde Hospital in Blythe and then moved to the critical care unit at a UC San Diego hospital, where he remained unresponsive.

The 45-year-old Los Angeles man's family made the decision to take him off life support systems several days later.

The prosecutor told jurors that many offenses are accepted by the general prison population, but convicted child molesters are "in trouble."

Orlando said it's routine for prisoners to ask a new inmate for "paperwork" when they arrive in the yard, which he said Deffenbaugh and Woller did to the victim.

Green told them he did not have his papers, but information that he was in custody on a child molestation conviction was passed on to Barbosa, the "shot- caller," who then ordered Bullock and Johnson to "take him out," the prosecutor alleged.


That night after "last count," Bullock and Johnson followed Green into the bathroom and savagely beat him, Orlando alleged.

Bullock's attorney, Melanie Roe, said the case is not "black and white" and has two parts -- the assault, and what she contended was delayed -- and lacking -- medical care to Green.

"There are no eyewitnesses to this incident, and stories vary," Roe said in her opening statement.

She told jurors that "evidence will show no person charged intended to kill him (Green)." Instead, the intention was to get him moved to another facility to finish out his sentence, she said.

John Patrick Dolan, who is defending Woller, said his client was on hand when Green was approached and asked for "paperwork." Woller was silent or "maybe said a few words as he stood around," the attorney said.

Dolan said his client, who is doing time for a car theft conviction and had been due to be paroled in a few months, did nothing wrong. He was following an "honor among thieves or a code of honor," where inmates ask for paperwork to determine the bottom order -- child molesters and rapists, the lawyer said.

"The intention of asking (is) to get them ... to ask for protective custody," which would remove them from interacting with prisoners who consider child molesters the lowest type of criminal, Dolan said.

James Silva, who is representing Barbosa, denied his client was the "shot caller," as alleged by the prosecution.

"Barbosa is not guilty of conspiracy with any of these individuals," Silva told jurors. "He did not give the order to assault Green."

Johnson's attorney, Cameron Quinn, said his client was a "short- timer" who, at the time of the attack, was soon to be released.

"It did not make sense for his to subject himself to this," Quinn said.

The attorney told jurors that placing a child molester in the general prison population tends to "stir things up."

Quinn said the term used by inmates is to "roll up" someone they want moved -- but that means to "rough up ... beat someone up to get him out, and not to kill them."

Deffenbaugh's attorney did not make an opening statement.

The trial, which is expected to last five or six weeks, is in recess until Monday, when testimony is scheduled to begin. ..News Source.. by KNBC.com

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Testimony concludes for inmates suspected of killing prisoner

10-8-2008 California:

Testimony concluded today in the trial of five prisoners whose attorneys maintain their clients had wanted to intimidate a convicted child molester into seeking protective custody to get him moved out of their cellblock, but had not intended to kill him.

Prosecutor Anthony Orlando disputes the defense version of what happened at Chuckawalla State Prison near Blythe on June 21, 2005. He told jurors earlier in the trial that two of the defendants beat Michael Green so savagely that he never regained consciousness, and all five were in on the plan and ``proud of what they did.''

All of the defendants -- Robert James Deffenbaugh, 27, Frank George Barbosa, 55, Jack Stewart Woller, 23, Reggie Allan Bullock Jr., 25, and Johnnie Dalerae Johnson, 29, are charged with murder.

Closing arguments are scheduled for a week from today at the Larson Justice Center, in the courtroom of Superior Court Judge John J. Ryan.

Over the past two weeks, inmates, prison officials and medical experts have been called to the witness stand to be questioned by attorneys in the case.

James Silva, who represents Barbosa, said outside the courtroom this afternoon that the prosecution ``has elected to proceed on the theory ... that the natural probable consequence of the assault was the crime of murder in the second-degree.''

``We will argue that all the defendants are not guilty as to second-degree murder, and ... that the prosecutor has (not) proved his case beyond a reasonable doubt,'' Silva said.

Green suffered severe head trauma when beaten in a bathroom in the C Yard, 7 building. He was transported to Palo Verde Hospital in Blythe and then moved to the critical care unit at a UC San Diego hospital, where he remained unresponsive.

The 45-year-old Los Angeles man's family made the decision to take him off life support systems several days later.

Orlando told jurors at the outset that many offenses are accepted by the general prison population, but convicted child molesters are ``in trouble.''

Orlando said it's routine for prisoners to ask a new inmate for ``paperwork'' when they arrive in the yard, which he said Deffenbaugh and Woller did to the victim.

Green told them he did not have his papers, but information that he was behind bars for child molestation was passed on to Barbosa, the ``shot-caller,'' who then ordered Bullock and Johnson to ``take him out,'' the prosecutor alleged.

That night after ``last count,'' Bullock and Johnson followed Green into the bathroom and savagely beat him, Orlando told the panel.

Bullock's attorney, Melanie Roe, has said the case is not ``black and white'' and contended that medical care to Green was delayed.

``There are no eyewitnesses to this incident, and stories vary,'' Roe said in her opening statement.

She told jurors that ``no person charged intended to kill him (Green).'' Instead, the intention was to get him moved to another facility to finish out his sentence, she said.

Attorney John Patrick Dolan, who represents Woller, said previously said his client was on hand when Green was approached and asked for ``paperwork.''

Woller was silent or ``maybe said a few words as he stood around,'' the lawyer said.

Dolan maintains that his client, who is doing time for a car theft conviction and had been due to be paroled in a few months, did nothing wrong.

He was following an ``honor among thieves or a code of honor,'' where inmates ask for paperwork to determine the bottom order -- child molesters and rapists, the lawyer said.

``The intention of asking (is) to get them ... to ask for protective custody,'' which would remove them from interacting with prisoners who consider child molesters the lowest type of criminal, Dolan told jurors earlier.

Silva has denied that his client, Barbosa, was the ``shot caller,'' as alleged by the prosecution.

``Barbosa is not guilty of conspiracy with any of these individuals,'' Silva told jurors earlier. ``He did not give the order to assault Green.''

Johnson's attorney, Cameron Quinn, previously said his client was a ``short-timer'' who, at the time of the attack, was soon to be released.

``It did not make sense for his to subject himself to this,'' Quinn said.

The attorney told jurors that placing a child molester in the general prison population tends to ``stir things up.''

Quinn previously said the term used by inmates is to ``roll up'' someone they want moved -- but that means to ``rough up ... beat someone up to get him out, and not to kill them.''

..News Source.. by Desert Sun Wire Service

Man killed because he was 'alleged child molester'

June 2004 Ireland:

THE man whose body was found in a shed behind Dublin Airport was killed in a bid to "teach him a lesson" for allegedly molesting children, Dublin Circuit Criminal Court has heard.

One of two men denying the manslaughter of Noel Heffernan (35) of Ballyfermot Road, told gardai a third man had planned to give the victim "a few slaps because he was a child molester" and added: "I didn't know he was going to be killed."

Kevin McCarron (51) of Doyle's Lane, Arklow, Co Wicklow, who, with Joseph Zambra (28), of Inagh Road, Ballyfermot, has denied the manslaughter of Mr Heffernan, said the third man planned the assault as "a favour for a mate" whose child the deceased man had allegedly abused.

The two men have also denied charges of false imprisonment and assault of Mr Heffernan on a date unknown between August 5 and 15, 1999 at Kingstown, St Margaret's, Dublin.

Mr McCarron has also pleaded not guilty to stealing the van which Mr Heffernan used to make deliveries for his employer, Spring Fresh Company Limited; and Mr Zambra further pleaded not guilty to allowing himself to be carried in the stolen van.

The body of Mr Heffernan (35) of Ballyfermot Road was found in an abandoned shed behind Dublin Airport by a man walking his dog on August 15, 1999, 10 days after he was last seen alive.

The "third man" mentioned has been named in court as Tony Dempsey who was described in evidence as "a hardened criminal" with a conviction for armed robbery. Det Sgt Thomas McCarrack said Mr McCarron told gardai he had only known "a man was going to be taught a lesson". Mr McCarron said Mr Dempsey had asked him to drive him to the abandoned farm house behind the airport. They were hiding behind the bushes when he saw a blue Toyota Hiace van being driven into the region.

He identified Mr Heffernan as driving and Mr Zambra as the passenger. As the van pulled over, Mr Dempsey went over to it, and with Mr Zambra, pulled Mr Heffernan out of the van and as Mr Dempsey proceeded to beat the victim, Mr McCarron and Mr Zambra were told to leave the scene and drive the van away.Mr McCarron told gardai he realised something had gone very wrong when he saw a news bulletin on television a few weeks later reporting the body found at the back of the airport.

The court heard the State was not alleging the two accused had murdered the victim but had assisted a "third man" in doing so.

The hearing continues before Judge Joseph Matthews and a jury of 11. ..News Source.. by Azra Naseem

Main charge against Arklow resident and Dublin man is withdrawn

7-8-2004 Ireland:

An Arklow resident who was accused of the manslaughter of a Dublin man has had the charge against him dropped, following several days of legal argument at his trial in Dublin Circuit Criminal Court.Kevin McCarron (51), of Doyle's Lane, Arklow, along with Joseph Zambra (28), of Inagh Road, Ballyfermot, Dublin 10, had been charged with the manslaughter of Mr. Noel Heffernan in August 1999.

Manslaughter charge dropped

An Arklow resident who was accused of the manslaughter of a Dublin man has had the charge against him dropped, following several days of legal argument at his trial in Dublin Circuit Criminal Court.

Kevin McCarron (51), of Doyle's Lane, Arklow, along with Joseph Zambra (28), of Inagh Road, Ballyfermot, Dublin 10, had been charged with the manslaughter of Mr. Noel Heffernan in August 1999.

Early on in the trial, the court had heard that McCarron and Zambra had been asked by a third man to 'help him sort out' Mr Heffernan after he had allegedly molested children.

The trial then lapsed into a number of days of legal argument in the absence of the jury, and when the jury was finally recalled, Judge Joseph Matthews told them they could be discharged as the manslaughter charge against the defendants had been dropped.

Following the withdrawal of the main charge, Zambra pleaded guilty to the lesser charges of falsely imprisoning Mr Heffernan and allowing himself to be carried in a stolen van. McCarron pleaded guilty to stealing the vehicle in which Zambra was a passenger.

The vehicle was a van driven at the time by Mr Heffernan, who was a vegetable delivery man with Spring Fresh Ltd.

Judge Joseph Matthews remanded both on bail, with signing on conditions at their local garda stations, for sentence on October 8, 2004.

During the four-week trial, of which two weeks were spent in legal argument in the absence of the jury, the court had heard that it was not the State's case that Zambra and McCarron had murdered the victim but had assisted a 'third man' in doing so.

The jury was also told that the third man was a known Dublin criminal called Anthony Dempsey who had falsely told both Mr Zambra and Mr McCarron that Mr Heffernan was a child molester and he needed their assistance in teaching him a lesson.

Zambra, for whom Mr Heffernan had babysat when he was a child, had taken Mr Heffernan to the shed behind the airport where his body was found. He had asked Mr Heffernan to give him a lift to the location and the now deceased man agreed.

Dempsey and McCarron were at the scene when they arrived, and shortly after that Zambra and McCarron left in Mr Heffernan's van, leaving him alone with Dempsey, a convicted armed robber. His body was found on August 15, 1999 by a man out walking his dog.

Mr Michael O'Higgins SC for McCarron, and Mr Niall Durnin SC, for Zambra, both told Judge Matthews that neither man knew that Demspey's intention was to kill Mr Heffernan.

Counsel said they thought he was going to be 'given a hiding' and be 'taught a lesson' for child molesting, an allegation which investigating gardai told the court had no foundation in truth. ..News Source.. by

Tuesday, September 23, 2008

IL- Joliet attack: Sex offender shot to death

3-2-2006 Illinois:

A Wednesday gang shooting in the Forest Park neighborhood left a registered sex offender dead and another man wounded, police said. Hallie Parrish, 38, took multiple bullets in the 12:30 p.m. slaying on Robin Lane. He was taken to Silver Cross Hospital, where he died in the emergency room.

A man attempting to "blend in with the crowd," gawking at the aftermath of the shooting, was taken into custody and charged with Parrish's murder late Wednesday, police said. Corrie Wallace, 22, of 315 N. Chicago St. was booked into the county jail on charges of first-degree murder and aggravated battery in connection with the gun attack. Officers found Wallace about a block away from the scene of the shooting. "Several witnesses pointed him out," said Deputy Police Chief Fred Hayes. "He actually tried to stay in the area and blend in with the crowd," Hayes said.

Officers sent to investigate a report of a shooting on Robin Lane found Parrish slumped over the steering wheel of a car. He had been shot in the head and chest. A man in the passenger seat also was hit and suffered a bullet wound to his arm. That man, age 27, also was taken to Silver Cross Hospital.

Numerous witnesses to the shooting reportedly told police that two other men were in the car but ran off during the gun attack. These two men had not been located by late Wednesday.

Witnesses also reportedly told officers they saw two men walk up on the car occupied by Parrish, the other victim and their unidentified companions. "It appears that this was a gang-related shooting, and the victims were approached by members of a rival gang," Hayes said. "An argument ensued and then the shooting."

Wallace has been arrested three times before on weapons charges, most recently in January. Parrish had been arrested in connection with several violent crimes during his life. ..News Source.. by Joe Hosey at (815) 729-6054

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New trial date for man accused of killing sex offender

9-23-2008 Illinois:

JOLIET — Corrie Wallace's second murder trial will begin Sept. 29 with jury selection.

Although it was scheduled to begin this week, it once again was delayed.

Will County Assistant State's Attorney Mike Knick couldn't prepare last week for the trial because of a death in his family. After explaining the situation to the judge Monday, Will County Assistant State's Attorney Steve Platek asked for a new trial date.

Wallace, 25, of Joliet, was arrested by Joliet police on March 1, 2005, and charged with murder and aggravated battery in the death of Hallie Parrish, a registered sex offender. Early that morning, police found Parrish's body slumped over the steering wheel of a car parked on Robin Lane, in the Forest Park neighborhood on Joliet's East side. The 38-year-old had been shot to death.

While being held at the Will County Jail, Wallace also was charged with another unrelated murder: The Feb. 18, 2006, shooting death of Starsky Crowder, 29, of Joliet. Crowder was killed near the former Eo Vannus nightclub, 2045 N. Chicago St., Joliet. The club now is closed.

David L. Woods, of Joliet, also was charged with murder in connection with Crowder's death. In exchange for his testimony against Wallace in the Crowder trial, Woods was allowed to plead guilty to lesser charges and sentenced to 12 years in prison.

Then in August 2007, a jury found Wallace not guilty in the Crowder slaying. He was represented by Joliet lawyer Michelle Hansen during that trial. She also will represent him in the second murder trial.

Woods is expected to testify against Wallace in the second murder trial as well.

As a precaution, Platek asked the judge to make sure that Wallace did not speak or have contact with Woods and a few other witnesses while in the jail or the courthouse.

A hearing will be held Wednesday to determine if transcripts of some telephone calls Wallace made while being held at the jail can be admitted as evidence in court. Wallace allegedly made incriminating statements about the Parrish shooting during the calls. ..News Source.. by STEWART WARREN

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Corrie Wallace convicted in 2006 shooting death

10-9-2008:

Will County State’s Attorney James Glasgow announced that a Joliet man was convicted Wednesday (Oct. 8, 2008) of first-degree murder for gunning down an unarmed man who was sitting in a car two years ago.

Corrie Wallace, 25, of the 300 block of North Chicago Street, Joliet, was found guilty of first-degree murder and aggravated battery with a firearm. Wallace shot and killed Hallie Parrish, who was with friends inside a vehicle in the 800 block of Robin Lane on the afternoon of March 1, 2006.

Wallace faces up to 85 years in prison when he is sentenced by Circuit Judge Daniel Rozak on Dec. 15.

Wallace, who was wearing a black mask over his head at the time of the shooting, ran up to the passenger-side of the vehicle while firing a silver, 45-caliber handgun. He fired at least nine rounds, several of which struck Parrish in the head and chest. Parrish was the driver. A passenger in the vehicle also was struck in the arm but survived the shooting.

“Corrie Wallace is a vicious thug who cut down an unarmed man in broad daylight,” State’s Attorney Glasgow said. “He displayed unparalleled arrogance by returning to the crime scene to brag about his exploits after he ditched his mask and weapon. Our streets will be safer with this cold-blooded killer in prison.”

At least one eyewitness who testified during the seven-day jury trial saw Wallace remove his mask near the scene. Another witness saw the masked gunman run behind a townhouse, and then moments later, saw an unmasked Wallace emerge from inside wearing the same clothes he wore during the shooting.

Wallace also was linked to the shooting through ballistics. Bullets retrieved at the crime scene matched unused bullets found inside the townhouse, which belonged to Wallace’s girlfriend. The defendant had a key to the townhouse in his possession when he was arrested. The weapon, a 45-caliber handgun, was never recovered.

Police, however, recovered the mask. DNA samples taken from the mask matched Wallace’s DNA. And he had gunshot residue on the backs of his hands.

The state’s attorney credited Joliet Police Chief Fred Hayes and his team of detectives, Dave Jackson, Carlos Matlock and Robert Brown, for their thorough investigation that enabled his prosecutors to secure an important conviction.

Glasgow also praised his prosecutors, Assistant State’s Attorneys Steve Platek and Michael Knick, for their skillful handling of this case.

“These are two expert trial attorneys whose presentation of the testimony and evidence left jurors absolutely no doubt as to who committed this brutal shooting,” Glasgow said.

Chief Hayes said: “A ruthless cold-blooded killer has been removed from the streets of Joliet. I would like to personally thank Will County States Attorney Jim Glasgow for his outstanding, aggressive prosecution efforts led by Assistants Mike Knick and Steve Platek.”

The chief added: “Joliet Police Detectives Carlos Matlock, Dave Jackson, and Robert Brown worked tirelessly to solve this brutal murder, and I’m proud of their outstanding police work. The state’s attorney’s office did an exceptional job working closely with Joliet Police detectives and spent countless hours to ensure justice was served. Undoubtedly, the streets of Joliet are safer because of this successful prosecution.”

The state’s attorney also applauded his support staff, including legal secretaries Sandy Dempsey, Kathy Kearney, Nikkol McGuire, Janet Skiniotes and Valerie Walsh, all of whom worked extra hours transcribing hundreds of hours of recorded jailhouse conversations that revealed Wallace’s attempts to bribe or coerce witnesses into giving false testimony during the trial.

“This was a team effort on the part of my staff in every sense of the word,” Glasgow said. “They went above and beyond the call of duty to put a dangerous killer behind bars.” ..Source.. by James W. Glascow

Saturday, September 20, 2008

Child abuse suspect killed by cop escort

9-19-2008 Philippines:

Lawman says shooting was accidental

MANILA, Philippines – A 23-year-old suspect in a child abuse case was killed when he allegedly tried to grab the service firearm of his police escort early Thursday morning in Manila.

The fatality, Raymund Benedict Burgos, an alleged member of the dreaded Sputnik Gang and a resident of Leyte Street, Singalong in Manila, succumbed to a gunshot wound on the neck.

Burgos was reportedly shot by PO1 Jupiter Tajonera, 34, assigned at the Manila Police District-District Special Police Unit (DSPU) at the Manila City Hall. Burgos was an inmate at the DSPU.

The lawman claimed the suspect tried to grab his gun, according to Chief Insp. Dominador Arevalo, head of the MPD homicide division.

Arevalo said Tajonera voluntarily submitted himself for investigation and surrendered his firearm.

An investigation showed that the incident happened around 4:35 a.m. on the southbound lane of Roxas Boulevard near the corner of Kalaw Street in Ermita.

Tajonera, along with PO1 Aurelio Neral III who was driving the patrol multi-cab, was taking Burgos to the Ospital ng Maynila for a checkup.

Senior Insp. Marcelo Reyes, chief of the MPD-DSPU, said that prior to the incident, the inmate complained of severe stomach pains.

Tajonera said he and Burgos were seated behind the driver when the suspect suddenly grabbed his gun, leading to a scuffle inside the vehicle.

The gun accidentally went off, hitting Burgos on the neck, according to Tajonera.

The suspect was declared dead on arrival at the hospital.

Investigators said they would look further into the case.
..News Source.. by Tina Santos, Philippine Daily Inquirer

OH- Possible Inmate Homicide Investigated at Belmont Correctional Institute

9-19-2008 Ohio:

Victim was serving for gross sexual imposition.

ST.CLAIRSVILLE, Ohio -- An inmate was killed sometime on Thursday at the Belmont Correctional Institute, according to Lt. Tony Bradshaw of the Ohio State Highway Patrol in Columbus.

It is being investigated as a homicide, Bradshaw said. He will not say what happened.

The victim has been identified as Harry Amick, 47, who was sentenced out of Cuyahoga County.

A suspect will only be identified if charges are filed.

Amick had only arrived at the prison this past April, records showed. He was serving a four year sentence for gross sexual imposition. ..News Source.. by Jerry Echemann

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BCI Inmate’s Death Probed

9-20-2008 Ohio:

ST. CLAIRSVILLE - Ohio State Highway Patrol and prison officials are declining to disclose how a Belmont Correctional Institution inmate died this week at the St. Clairsville facility.

According to officials from BCI, the inmate, Harry Amick, 47, of Cuyahoga County, Ohio, died following an incident that occurred at the prison at about 4 p.m. Thursday. Prison officials said Amick was serving a four-year sentence in connection with a conviction on a charge of gross sexual imposition.

Amick was first incarcerated in the Lorain Correctional Institution and began serving his sentence there in April of this year, officials said.

"We're looking into the incident and the circumstances surrounding the inmate's death," said Lt. Tony Bradshaw from the Ohio State Highway Patrol in Columbus.

Spokesmen for the state patrol and the prison did not release specific details about the incident, noting the case remains under investigation.

"Once all the evidence is gathered and the coroner's office rules on the cause of death, we will present what we have to the prosecutor's office," said Bradshaw, indicating charges in the matter could be pending. ..News Source.. by ERIC AYRES

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Investigation Continues Into Inmate Death

9-23-2008 Ohio:

An inmate killed at Belmont Correctional Institute was serving a four-year sentence on a gross sexual imposition charge out of Cuyahoga County.

The investigation continues into exactly what led up to the death of 47-year-old Harry Amick.

A news release from the Ohio State Highway Patrol in Columbus confirms Amick died after another inmate choked him to death last week.

A State Patrol representative said they’re still waiting on the Belmont County coroner to determine a final cause of death. ..NewsSource.. by WTOV.com

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No indictment handed down in BeCI death

12-5-2008:

A Belmont County grand jury this week did not hand down an indictment in connection with the September death of an inmate at the Belmont Correctional Institution in St. Clairsville.

According to Belmont County Prosecutor Chris Berhalter, evidence from the case was presented to a grand jury Wednesday, and the panel returned a "not true" bill.

The case stems from an incident that occurred at BeCI on Sept. 18. An inmate, Harry Amick, 47, of Cuyahoga County, Ohio, died as a result of the incident.

Investigators from the Ohio State Highway Patrol - which has jurisdiction over the state correctional facility in such matters - were called to look into the matter. The Belmont County Coroner's Office was also called to investigate.

Officials indicated the investigation showed that another inmate involved in a physical confrontation with Amick had claimed he was defending himself at the time the incident occurred. Amick was reportedly choked during the confrontation.

"All of the evidence gathered from a thorough investigation conducted by the Ohio State Highway Patrol and the prison itself was presented to the grand jury," said Berhalter. "This evidence did include a claim of self defense. After hearing all of this evidence, the grand jury did not return an indictment."

No charges are expected to be filed against the inmate involved in the dispute with Amick.

Prison officials said Amick was serving a four-year sentence in connection with a conviction on a charge of gross sexual imposition. Amick was first incarcerated in the Lorain Correctional Institution and began serving his sentence there in April of this year, officials said. ..Source.. by ERIC AYRES

Wednesday, September 17, 2008

PA- 4 shots, 2 deaths, no regrets

Posted in Related Deaths This will be noted "Domestic Issues," but still a RSO was killed. Very unusual circumstances.)
9-17-2008 Pennsylvania:

Butler County jury hears man's account of killing his wife and her new lover

She told him she had found a new love and that their 24-year marriage was over.

She warned him that his medical insurance through her job as a convenience store manager would end when the diabetic ulcer on his foot healed.

She said she wanted to sell the family farm, a decision that would mean a new career for lifelong farmer James Raymond Borchert.

But the final thing out of Esther Borchert's mouth -- the thing that seemed to push her estranged husband over the edge -- was the laugh she shared with her boyfriend.

Mrs. Borchert, 42, and Lonnie Schwab Sr., 49, of Meadville, still were laughing when Mr. Borchert, now 51, grabbed his bolt-action rifle and fired two shots into Mr. Schwab as he stood in the kitchen of the Borcherts' Cherry Valley home. Then, as Mrs. Borchert fled out a door and onto a porch, he fired again. Twice.

"They were dead within seconds,'' said Mr. Borchert in an eerily matter-of-fact statement to police. "Honestly, I don't regret it."

That recorded statement, more than two hours in duration, was played yesterday in the Butler County courtroom of Judge William Shaffer on the second day of what is likely to be a three-day trial. Court conflicts called for a break in testimony today, with the trial set to resume tomorrow.

Mr. Borchert is represented by Butler attorney Alexander Lindsay. The case is being prosecuted by District Attorney Richard A. Goldinger and Assistant District Attorney Patricia J. McLean.

Mr. Borchert is charged with two counts of homicide. Though Mr. Goldinger will argue for a first-degree murder conviction, he changed course from his predecessor and announced several weeks ago that he will not seek the death penalty for the killings, which occurred Aug. 14, 2007.

On the first day of the trial, a jury of seven men and five women listened to a two-minute 911 tape of Mr. Borchert reporting that he had killed his wife and her boyfriend because he lost his temper. The recorded statement Mr. Borchert gave to police was played in court yesterday as the defendant sat beside his attorney, his hands folded, his demeanor calm.

"He was the closest to me. ... He tried to escape. I don't think he got a half a step. ... She made it out the door. She was at the top of the [porch] steps and [the shot] knocked her clear down." Afterward, he set the rifle atop a chest freezer on his porch, called 911, then fed his livestock while he waited for police.

Mr. Lindsay highlighted repeated statements from his client that he had not planned or premeditated the killings. The fact will play heavily in determining whether he is convicted of first-degree murder, which would mean a life sentence behind bars, or a lesser degree of homicide.

Mr. Schwab had been convicted in 1998 in Crawford County of indecent assault and was required to register as a sex offender. ..News Source.. by Karen Kane, Pittsburgh Post-Gazette

Saturday, September 13, 2008

UK- SEX CON KILLER HUNT

6-10-2005 United Kingdom:

A CONVICTED sex offender has been found stabbed to death at home.

Gerald Furlong, 67, was discovered in his flat with multiple knife wounds.

Police had not ruled out a vigilante attack as the motive for murder.

The delivery driver from Enfield, North London, had been given a three-year probation order in 1992 for five counts of indecent assault. His body was found on Sunday.

Det Chief Insp John MacDonald said: "We are looking at all possibilities.

"The conviction is quite historic and it's not necessarily the motive for this brutal attack." ..News Source.. by Mirror.co.uk

Wednesday, September 3, 2008

Justice Delayed

9-3-2008 Canada:

Killers jailed 21 years after attack

Twenty-one years after Erwin Kakoschke was fatally beaten outside his North Kildonan home, two of his killers are finally behind bars.

Ernest Dennis Wolanicki, 46, and Edward Hugh Young, 43, pleaded guilty yesterday to manslaughter and were sentenced to eight years in prison.

A third man, Wolanicki's brother Orville Wolanicki, 41, pleaded guilty to aggravated assault. He will be sentenced later this fall and remains free on bail.

All three men were originally charged with second-degree murder but pleaded guilty to the reduced charges in a plea bargain with the Crown.

Kakoschke was beaten to death as he opened his garage door on Oct. 21, 1987. His daughter discovered his partially snow-covered body three days later.

Court heard the widower was targeted for a beating by his new girlfriend's ex-boyfriend. The man has since died and was never charged in connection with Kakoschke's death.

Ernest Wolanicki and Young told police it was another man who hired them to beat Kakoschke. They claimed the man lied to them, telling them Kakoschke was a pedophile.

Wolanicki and Young beat Kakoschke with a baseball bat and tire iron, smashing his skull and breaking his legs.

Police had no evidence linking the men to the crime and the investigation remained stalled for nearly 12 years when, in September 1999, patrol officers responded to a domestic disturbance between Ernest Wolanicki and his then-girlfriend.

The woman told police: "Why don't you ask him about the murder he did?"

In July 2001, Orville Wolanicki's ex-girlfriend came forward and told police Orville had confessed to his involvement in the killing, claiming they were paid several hundred dollars to beat up Kakoschke "and he ended up dying."

Orville Wolanicki is accused of driving the other two men to Kakoschke's home and did not participate in the beating.

The men weren't arrested until late 2001, shortly after the appearance of a story in the Winnipeg Sun.

Young was "haunted" by Kakoschke's killing and in 2006 tried to slit his throat in a failed suicide bid, said defence lawyer Martin Glazer.

"I do regret it, every day of my life," Young told members of Kakoschke's family yesterday. "I'm sorry, I truly am sorry."

Ernest Wolanicki said he has never stopped thinking about Kakoschke's death.

"I'm ashamed that I have to appear before you today," Wolanicki told Justice Murray Sinclair. "My sentence for this basically started the day this happened."

Sinclair rejected an attempt by the defence to paint Wolanicki and Young as victims.

Kakoschke "did nothing wrong but try to live his life," Sinclair said.

"I do not see the accused as victims. They are the ones who willingly participated in beating the victim." ..News Source.. by DEAN PRITCHARD, SUN MEDIA

Tuesday, September 2, 2008

NM- Man indicted in Anthony, N.M. beating death

9-2-2008 New Mexico:

LAS CRUCES — An Anthony, N.M. man has been indicted for allegedly beating one of his friends to death.

Pete Dominguez, 38, was indicted by a Dona Ana County grand jury Thursday on one count of second-degree murder.

Dominguez is alleged to have hit and kicked — with steel-toed boots — Cristobal Cuellar on Aug. 1.

Cuellar, 62, refused medical attention after the alleged attack and suffered two subsequent seizures before lapsing into a coma on Aug. 4. He died Aug. 8.

According to court records, Dominguez told investigators he had been drinking with Cuellar earlier in the evening and later saw him lying in the middle of McKinley Street in Anthony. Dominguez said he dragged Cuellar out of the street and into an alley. Cuellar reportedly woke up and accused Dominguez of stealing his beer.

An argument ensued, and Dominguez began calling Cuellar a child molester, an apparent reference to Cuellar's 2005 conviction on one count of attempted criminal sexual contact of a minor.

"I'm a Marine — I'll kill you," Cuellar allegedly told Dominguez, who admitted to punching the victim three or four times.

Dominguez was originally charged with one count of aggravated battery and has been held in the Doña Ana County Detention Center since Aug. 8. ..News Source.. by Sun-News report

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Beating Death Sentencing

8-27-2009:

An Anthony man will spend four years behind bars for the beating death of a 62-year old man. Pete Dominguez pleaded no contest to the charges and death of Cristobal Cuellar.

Last year, authorities were called out to an alley where they found Cuellar highly intoxicated and injured. He later died at a hospital.

Dominguez reportedly kicked Cuellar with steel toe boots and accused him of being a child molester. ..Source.. by KTSM.com

NZ- Court hears of mother's death threat

9-1-2008 New Zealand:

A solo mother accused of murdering a convicted paedophile told friends she was going to kill him after he was found sexually abusing a 10-year-old girl, a court was told.

Glen Stinson was bashed to death in a violent vigilante attack on July 31 last year in Foxton.

It is alleged that two men dealt blows to his head and neck in the savage attack that lasted as little as a minute, while the woman watched on, before leaving him for dead. His battered body was found dumped outside a poultry farm.

The woman, 32, who has name suppression, and Aubrey Harrison, 27, denied charges of murder and appeared in the High Court at Palmerston North yesterday. Mr Harrison's uncle, Bruce Tamatea, 46, has pleaded guilty to the murder.

On the night of the killing the group had been drinking at Tamatea's home, before Mr Stinson was found touching the girl.

His partner of three months, Lesley Moana, found him lying on the bed in the dark, under a blanket, with the girl sitting on his knee. Just three weeks earlier he had been accused of molesting a 15-year-old at the home.

Another woman at the party attacked Mr Stinson and he was pushed down the stairs.

Prosecutor Ben Vanderkolk said the woman "wanted to do more" and told the party she was "going to kill the bastard".

As Ms Moana and Mr Stinson walked back to his boarding house a car stopped and they were forced inside, but Ms Moana was dropped off.

The prosecution said Mr Stinson was kept as a "virtual captive", beaten by the woman as they drove out to Himatangi Beach and back to Foxton. It is alleged he was then punched and kicked to death by Tamatea and Harrison.

Mr Vanderkolk said the injuries were inflicted in more than one minute but less than five, showing the viciousness of the beating.

Mr Stinson had tearfully and pathetically asked them to stop and showed no signs of defending himself. The accused saw the attack as avenging the sexual abuse by killing the paedophile, Mr Vanderkolk said.

Twenty-five witnesses are expected to be called, including the girl abused by Mr Stinson.

Mr Stinson had a history of sex offences against young girls dating back to 1967, and was due to appear in court on four charges, including the attempted rape of a girl under 12, when he was killed. ..News Source.. by KELLY BURNS - The Dominion Post