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Archive for April 17th, 2008

Women convicted in murder-for-profit case

posted by admin in cnn, news

LOS ANGELES, California (AP) — Two elderly women accused of killing two homeless men to collect millions of dollars in insurance payouts were convicted Wednesday of conspiracy to murder, and one of them was convicted of the murders themselves.

In an unusual step, the jury was to hear more arguments Thursday before deciding remaining counts in the case against Helen Golay, 77, and Olga Rutterschmidt, 75. The judge decided to take five initial verdicts.

Golay was convicted of the first-degree murders of Kenneth McDavid, 50, in 2005 and Paul Vados, 73, in 1999. She was also convicted of the conspiracy counts in both killings.

Rutterschmidt was convicted of conspiracy to murder McDavid for financial gain.

The judge ordered the prosecution and Rutterschmidt’s defense to present new arguments on two counts that Rutterschmidt murdered McDavid and Vados, and a conspiracy count involving Vados.

Prosecutors said the women collected $2.8 million from insurance policies on the lives of two homeless men who were killed in staged hit-and-runs.

Golay’s convictions carry potential sentences of life in prison without possibility of parole. The single conspiracy count returned against Rutterschmidt carries a sentence of 25 years to life.

Jurors’ struggles on some counts became evident Tuesday when they handed in some sealed verdicts and continued deliberating. On Wednesday, the panel asked for readings of testimony by three witnesses and a laptop to review DVDs entered in evidence.

The women showed no reaction to the verdicts. Golay sat with her head close to her attorney and read along as the court clerk went through the charges.

Basically the ladies did not do very well today, Roger Jon Diamond, the attorney for Golay, said afterward. Rutterschmidt’s attorney did not comment. Watch a wrapup of the case

Prosecutors said the women recruited their prey from among the homeless of Hollywood, invested thousands of dollars in insurance policies on them and in putting them up in apartments, then drugged them and ran them over in secluded alleys.

Both men initially appeared to have been victims of hit-and-run accidents, and police linked the cases only in late 2005 when a detective investigating one overheard a colleague describe a similar case.

In his closing argument, Deputy District Attorney Bobby Grace called the women the worst of the worst.

They didn’t need this money. They weren’t poor and destitute. They went out of their way to target men who had nothing, the prosecutor said.

The jury saw a secretly recorded videotape of the two in a lockup after their arrests. Rutterschmidt berated Golay, saying her actions in taking out 23 insurance policies raised a red flag when the men died.

It’s your fault, Rutterschmidt told Golay. You can’t have that many insurances. … You were greedy. That’s the problem.

On insurance policies, the women represented themselves as a cousin and a fiancee of McDavid. Golay said she thought McDavid loved them.

On the tape, Rutterschmidt snapped: I was the cousin. You were the fiancee. Baloney.

Defense lawyers admitted the women were involved in insurance fraud but denied a murder conspiracy.

We’ll concede it’s pretty sleazy what’s going on here with the insurance, said Golay’s attorney, Roger Jon Diamond. He said the idea was to insure old, sick, homeless people who would die more quickly.

But prosecutors pointed out that most of the policies were for accidental death, not death due to natural causes.

By the end of the five-week trial, the women had turned on each other.

Diamond said Wednesday that he was confident there were significant issues to raise on appeal of Golay’s conviction. One was whether it was proper for the judge to admit the secretly taped conversation, Diamond said.

And he said he felt the overall defense was harmed by the decision of Rutterschmidt’s lawyer to attack Golay and suggest she was a killer.

Diamond said in his closing argument that when Rutterschmidt began recruiting younger homeless men, she may have had her own scheme to have them killed.

Rutterschmidt’s lawyer claimed his client was simple-minded and obsessed with Golay, a relatively wealthy woman she met in 1999. Deputy Public Defender Michael Sklar accused Golay of manipulating Rutterschmidt to buy a car used as a weapon but said it was Golay alone who committed murder.

Golay funded the scheme and wrote the checks, Sklar told the jury.

Golay’s lawyer, failing in a last-minute attempt to derail the case against the women, claimed Golay’s own daughter, Kecia, 44, drove the car that ran over McDavid. Kecia Golay was not charged and did not testify in the trial.

There were no witnesses to the killings. But prosecution evidence included identification of Rutterschmidt by the man who sold her a car that was found to have McDavid’s DNA on its undercarriage. There was also evidence that the car required a tow from an intersection near where McDavid’s body was found an hour later, and that Golay’s auto club membership number was used to summon the tow truck.

A key prosecution witness was a homeless man who said he was targeted to be another victim but left when he was pressured by Rutterschmidt for personal information and to sign documents.

Jimmy Covington, 48, said he was approached by Rutterschmidt on a Hollywood street in 2005 and was promised benefits, a place to stay and money.
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Blake avenges loss to teen

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HOUSTON, Texas (AP) — Top-seeded James Blake beat Japan’s Kei Nishikori 6-4, 6-4 Wednesday night to advance to the second round in the U.S. Men’s Clay Court Championship.

Blake’s win avenged a three-set loss two months ago to Nishikori in the final of a hard-court tournament in Florida.

It definitely feels good any time you can avenge a loss, Blake said. He’s an excellent player, and 18 years old, he’s got a huge learning curve and will continue to get better. Next up for Blake is Texan Ryan Harrison, who on Monday became only the 11th player in the Open Era to win a main-draw match at 15. The two Americans play Thursday night.

I feel like I’m back in a junior tournament, Blake said. It’s amazing that this kid is 15 years old and won a round in a tour event. I know he’s going to come out tomorrow with nothing to lose. That’s always dangerous.

Blake’s brother, Thomas Blake, watched Harrison win his first-round match.

I don’t know a whole lot about him, James Blake said. I’m sure not many people have a scouting report on him ’cause he’s so new to the tour.

Blake, the world’s No. 8 player, closed out Nishikori with an ace.

Service breaks riddled the second set. Nishikori, 18 and ranked No. 116 in the world, broke Blake in the second game. The American returned the favor in the next game, and the two traded breaks in their next service games to give Nishikori, a wild-card entry, a 3-2 lead.

Blake then held at love to level it at 3-3 before breaking the teen — Nishikori double-faulted to drop his serve — to take the lead for good.

The top seed converted on four of 11 break points, while Nishikori got only two of four.

Nishikori said Blake played more aggressively than in their Florida match.

He was hitting the ball harder, he said. He was stepping inside the court.

Earlier in the day, Nicolas Massu rallied to beat fourth-seeded Sam Querrey 5-7, 6-4, 6-4. The Chilean and Querrey traded breaks early in the third set but Massu, who is ranked No. 108, broke the American in the ninth game to serve for the match at 5-4. Massu won four straight points to claim the win.

I think that after the first set I was not satisfied, Massu said. I was fighting, fighting, and I won the match. I think that I didn’t play my best tennis today but tomorrow is different.

He is scheduled to play Brazilian Marcos Daniel, who also advanced with a 6-3, 6-4 victory over Serbian Viktor Troicki, on Thursday.

Querrey, ranked No. 50, hit a return of serve long to end the match.

It could have gone either way there, said Querrey, who got only 44 percent of his first serves in. I didn’t serve my best. Other than that it was pretty good. I’m not too disappointed.

In other matches Wednesday, No. 8 seed Oscar Hernandez of Spain beat American Donald Young 6-4, 6-4 to advance to the quarterfinals.

In first-round play, Paul Capdeville of Chile advance, beating Argentine Diego Hartfield 6-0, 6-4, and Peter Luczak of Australian edged Harel Levy of Israel 6-4, 6-4. E-mail to a friend

Copyright 2008 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.

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