Witness Elimination Program

Witness Elimination Program


Witness Elimination as a motive:

WITNESS ELIMINATION

http://www.azcourts.gov/ccsguide/AggravatingCircumstances/ARS13751F6/WITNESSELIMINATION.aspx

WITNESS ELIMINATION FINDING UPHELD  State v. Gillies (Gillies II), 142 Ariz. 564, 691 P.2d 655 (1984) Defendant told an acquaintance that he and accomplice killed victim so she could not testify against them for raping her. State v. Correll, 148 Ariz. 468, 715 P.2d 721 (1986) Court found that only ascertainable motive for murders was to eliminate any witnesses to robbery. Note: In State v. Barreras, the Court questioned the soundness of using the single aspect of not leaving a witness behind to support both findings of "senselessness" and "witness elimination." State v. Marlow, 163 Ariz. 65, 786 P.2d 395 (1989) Court held that motive for killing, to eliminate victim as a witness to robbery, supported a finding of "heinous or depraved" though, ultimately, sentence was reduced to life. Note: This case held that a finding of "heinous or depraved" could be upheld without any other factor than witness elimination. This holding was heavily criticized in State v. King, which explained that absence of discussion about this factor contributed to the Court's reduction of the sentence. See full Case Summary, especially subsequent history section. State v. Stanley, 167 Ariz. 519, 809 P.2d 944 (1991) Testimony indicated that defendant shot his daughter because she had seen him shoot her mother; this was only motive for her killing. State v. Greenway, 170 Ariz. 155, 823 P.2d 22 (1992) Court upheld finding of witness elimination where defendant's coworker and cellmate both testified that defendant said he and his accomplice killed both victims so they wouldn't be eyewitnesses to robbery; Court found that committing murders to eliminate witnesses to robbery shows a "complete lack of understanding of the value of human life." (citingState v. Smith). State v. King, 180 Ariz. 268, 883 P.2d 1024 (1994) Court upheld finding of witness elimination, but held that it was not enough by itself to raise the murder "above the norm" and could not support a finding of heinousness or depravity. State v. Stokley, 182 Ariz. 505, 898 P.2d 454 (1995) Second Ross factor fulfilled when defendant tells detective motive for murders after sexual assault was that he was afraid they would tell. See State v. Ross (Ross is the watershed case for witness elimination factor, where Court develops a three-prong test). State v. (Paul Bradley) Speer, 221 Ariz. 409, 212 P.3d 787 (2009) (F)(6) heinous or depraved upheld. A murder committed for the purpose of witness elimination is especially heinous or depraved. The State proved that Speer had Womble kill the victim so that the victim would be unable to testify in Speer’s burglary trial.

1978 Lufthansa heist  Murders that followed the Lufthansa Heist (wikipedia)

Burke never expected the robbery to bring in more than two million dollars and was shocked by the six million haul and became paranoid about all the publicity. He was aware that a robbery of this magnitude would attract the intense attention of local, state and federal authorities, causing a lot of problems for all involved as well as organized crime in New York in general. There were a number of murders and disappearances following the Lufthansa robbery, as Burke became increasingly concerned that there were too many witnesses who knew his involvement who became greedy once learning the true amount of money stolen in the heist. Burke was being pressed for more money by the participants of the Lufthansa robbery, so he decided to murder everyone connected to it.

Parnell Steven "Stacks" Edwards was found shot to death in his apartment in South Ozone Park, Queens on December 18, 1978, only one week after the robbery.Henry Hill, who was not involved in the robbery, recounts that "Stacks" forgot to dispose of the van used in the robbery at a New Jersey compactor, instead getting high and passing out at a girlfriend's house, leaving the truck in a no parking zone. The next day the van was discovered by police with his fingerprints all over it, ski masks, a leather jacket, and a footprint from a Puma sneaker.

Louis Cafora, known as Fat Louie, and his newly wed wife Joanna were reported missing in March 1979 by her parents. They were never seen again. It was alleged that Cafora agreed to become a police informant and either Burke or Angelo Sepe murdered them and disposed of the bodies.

Robert McMahon and his close friend Joe Manri were found shot dead in a Buick Electra parked on a Brooklyn street on May 16, 1979.

Paolo LiCastri was found shot to death, his half-naked body smoldering in a garbage-strewn lot in Brooklyn on June 13, 1979.

A cosmetologist and part-time cocaine dealer named Theresa Ferrara, who often frequented Robert's Lounge and who was an occasional mistress of Tommy DeSimone and Paul Vario, was murdered on February 10, 1979, when it was discovered that she was an informant. She had met with the F.B.I., and was informed that members of the Vario Crew wanted her murdered. She listened patiently, then asked them politely if she could leave. Several months later, on May 18, 1979, her dismembered torso was found floating in the waters off Barnegat Inlet near Toms River, New Jersey.

Thomas Monteleone, a mobster from Canada, used $250,000 of Lufthansa Heist money to become involved in a drug deal with Burke and Richard Eaton (a noted hustler and con-man). The drug deal didn't work out as planned. Monteleone was found dead in Connecticut in March 1979. Not directly related to the Lufthansa Heist, Monteleone's murder appears to have been collateral damage.

Martin Krugman, the book-maker who provided the tip to Henry Hill and Burke's Robert's Lounge crew, vanished on January 6, 1979. Henry Hill stated that Krugman was killed in "Vinnie's fence company" on the orders of Burke, who did not want to pay Krugman his $500,000 share of the stolen money. Said Hill, "It was a matter of half a million bucks. No way Jimmy was going to deny himself half a million dollars because of Marty Krugman. If Jimmy killed Marty, Jimmy would get Marty’s half a mill'.”

The only robbers that survived Burke's murderous rampage following the Lufthansa Heist were Burke's son, Frank James Burke, Thomas DeSimone, and Angelo Sepe (a protégé of Burke). Burke knew that Sepe would never cooperate with the authorities under any circumstances, and he never pressed Burke for a bigger share of the robbery proceeds. Sepe had been brought in for questioning by the police about the Lufthansa Heist, and the only thing he told them was "I don't know whatcha talking about." Sepe was later murdered, in 1984, shot in the head when he answered the door one morning at his Brooklyn apartment. This was in retaliation for having robbed a Mafia-connected drug dealer. Frank James Burke was found shot to death on a Brooklyn street on May 18, 1987, over a drug deal gone bad.