Another DV Murder Suspect Out on Bond - Part 2

As I blogged earlier this week, Cedric Harp was granted a $5,000 bond in the case where he is charged with the 2nd degree murder of his wife.

Judge Walter Komanski is the judge who granted the bond on January 5th. The defendant posted his 10% (or $500) and walked out of jail the following day.

I found no other conditions (like GPS monitoring or home confinement, etc.) on the Court's Order. The motion filed by defense counsel indicated that the State stipulated to the amount of $5000 plus home confinement. There is no metion of home confinement on the Order, nor is it on the bond paperwork in the Clerk's file.

It makes me wonder if Judge Komanski read the Order when he signed it.

That same day, Administrative Judge Reginald Whitehead transferred the case from Komanski's division to another judge. No reason for the transfer was indicated in the file.

All of this causes me to ask a couple of other questions. The following defendants, also accused of 2nd degree murder, are still in jail. Take a look at their photos and tell me why their bond amounts are as noted:

Michelle Wheeler
2009-CF-000808-A-O
No Bond
Arrested 1/16/09

Ocoee police identify man who was stabbed to death by girlfriend

Sarah Lundy
Sentinel Staff Writer
January 18, 2009


OCOEE - Ocoee police late Saturday released the name of a man who was fatally stabbed early Friday.

Jerry Cisco, 37, died after he was taken to Health Central hospital.

Investigators arrested Michelle D. Wheeler, 44, his girlfriend of four years, and charged her with second-degree murder. She remained in the Orange County Jail on Saturday night without bail.

A third party called officers about 1 a.m. Friday to report a domestic incident at the Floral Street residence. They found Cisco stabbed in the upper left side of the chest, police said. He was taken to the hospital, where he was pronounced dead.



Rosalinda Norma Vargas a/k/a Rosalinda Norma Boyd
2009-CF-015714-A-O
No Bond
Arrested 10/26/09

Woman accused of killing boyfriend ordered held without bond
Bianca Prieto Sentinel Staff Writer
8:59 p.m. EDT, October 27, 2009

Murder suspect Rosalinda Vargas is in jail, but family members say she needs to be in a mental hospital.

Vargas is accused of stabbing her boyfriend of two years, Jozel Laster, in the chest during an argument in their apartment early Monday. Laster, 51, died at the hospital after Orlando police officers at the scene could not revive him. A judge on Tuesday ordered Vargas, 51, held without bail at the Orange County Jail on a second-degree murder charge. Vargas, who also goes by Rosalinda Boyd, said little during the short hearing.

Three of her six living children -- Sandra Rivera, Olivia Betanco, 30, and Nancy Vargas, 34 -- attended the hearing and were audibly upset to learn that their mother would remain behind bars rather than get into a mental-health program.

"This is not my mama," Rivera, 23, said after the hearing. "This escalated from this man beating on my mama and she just got tired."

Police have not disclosed what they think led to the fatal stabbing, but court records document a violent relationship between the two that often left Vargas bloody and bruised.

Court records show that in July 2008 Laster arrived at their motel room possibly drunk and on drugs about 3:30 a.m. and demanded to have sex with Vargas. When she refused him, he forced himself on her and then punched her in the face, reports show.

She was able to run from the room and flag down an Orange County deputy for help. The deputy noted "a large swollen area" near Vargas' eye and cheek bone and that blood had started appear on her eyeball. Vargas later declined to press charges against her boyfriend for the sexual attack.

Laster was arrested for battery, resisting arrest and possession of drug paraphernalia -- the deputy found a crack pipe in his pocket. He later pleaded guilty to resisting arrest.

In January Eatonville officers arrested Laster after Vargas called police to report he'd been beating her, reports show. The two were arguing when Laster began punching Vargas in the face and ribs, report show. She ran to a neighbor’s house to call police. Officers found a crack pipe in Laster's pocket. He was charged with domestic violence battery and possession of drug paraphernalia.

In June he pleaded no contest and sentenced to 131 days in jail, time served and placed on one year of probation, records show. Laster had an extensive criminal history that spans 30 years and includes drug, theft and battery charges, records show.

The beatings were no surprise to Vargas' daughters, who said they knew their mother was abused but said she could not leave Laster because he "brainwashed" her. They claim Laster threatened to kill Vargas if she left him, and he isolated her from her family.

This was not the first time Vargas had suffered abuse, her daughters said. The 51-year-old Chicago native was beaten and raped as a teen, sexually abused by an uncle and had been homeless. She was suicidal, often suffered from illusions and thought her dead husband and a dead former boyfriend "hunted" her at night, Rivera said.

It's also not the first time Vargas stabbed someone. In 2005, Vargas was arrested on a charge of aggravated battery in the stabbing of her boyfriend of 19 years with a kitchen knife, reports show. The victim, Wesley Contrad Stewart, was asleep on the couch when Vargas attacked him for calling her a bad name, records show. Betanco witnessed the stabbing and said the relationship between her mom and Stewart was never violent before then.

In January 2006, Vargas pleaded no contest to aggravated battery with a deadly weapon. She was sentenced to a year in jail with time served. She also was ordered on probation for 18 months and was told to avoid places where alcohol is the "primary source of revenue."

Stewart died of cancer in April 2007, Rivera said. Shortly after that, she met Laster and the beatings began, her daughters said.

"We love her and we're not giving up on her," Nancy Vargas said. "We don't want her to feel like she is by herself."

All three defendants have criminal histories. Both women have lengthy histories of being victimized by their partners. The man is out of jail after 3 weeks. Wheeler has been in jail for a year. Vargas, nearly 3 months. Why the disparity?

Neither of You are Worthy of Being Buried in This Country

"Neither of you are worthy of being buried in this country" said Judge Walter Komanski to co-defendants Juan Hernandez-Monzalvo (left) and Richard Morales-Marin (right) at their sentencing hearing on Thursday.

After monitoring their trial in October, I would have to concur.

The co-defendants abuducted and repeatedly raped a 12-year old girl as she was on her way to school last February. The case was a slam dunk for prosecutors, with DNA evidence, confessions, and conflicting testimony by the defendants. The only thing that defense attorneys could possibly hope for at the sentencing was a 25 year minimum mandatory sentence instead of LIFE in the Department of Corrections.

Judge Komanski, after listening to prosecutor Linda Drane-Burdick read the child's impact statement, paid careful attention to letters on behalf of Hernandez-Monzalvo written by him and his family.  Morales-Marin made no requests for leniency.

The judge indicated that there are four things that must be considered when sentencing:

1. 
   
   Protecting the public entails sending a message to the community that predators like these men need to caged, like dangerous animals in zoo, in order to assure public safety; as well as putting other would-be rapists on notice that this type of crime will not be tolerated.
   
   
   
2. 
   
   Rehabilitation was not likely in what Judge Komanski referred to as valueless lives.
   
   
   
3. 
   
   Restitution was not requested by the victim.
   
   
   
4. 
   
   Accountability (which is a nice word for "punishment")
   
   
   

Prior to announcing their sentences, Judge Komanski wondered aloud how Hernandez-Monzalvo, whose family pleaded for the judge to show leniency for this good, hard-working family man, would react if someone had brutalized one of his children in a fashion similar to what the victim in this case endured.

He then gave Hernandez-Monzalvo two life sentences plus 15 years, all consecutive to one another.

Morales-Marin received three life sentences plus (4) 15-year sentences, all consecutive to one another.

Both defendants, illegally in this country, were ordered turned over to Immigraion once they've completed their sentences. The Florida Department of Corrections was instructed to transport their bodies to INS because neither of them "are worthy of being buried in this country."

WFTV Coverage

WESH Coverage

Sentinel Coverage

What About Diane Ward, Isleworth Murder Victim?

At Friday's bond hearing for her husband, James Robert "Bob" Ward of Isleworth, I wasn't altogether shocked that he was granted a bond by Judge Walter Komanski, even though Dr. Garavaglia, Orange County's medical examiner, testified that the powder burns on Mrs. Ward's face indicated the muzzle of the gun was approximately 6" to 12" away and that her eyes were open when she was shot in the face, just under the left eye, near the nose. It seems quite obvious that even if there had been a struggle over the pistol as the defense asserts, it's still highly unlikely, as Dr. G testified, that the bullet would have traveled the trajectory it did (virtually straight front to back).

I wasn't shocked because our country has a tendency to favor defendants who can afford to pay multiple high-priced attorneys when they get into trouble with the law. Remember OJ and his "dream team?" I was shocked at the ridiculously low bond amount that was set. Judge Komanski, at the end of the 2-hour hearing, decided that $100k was sufficient to ensure Mr. Ward's appearance at trial. That means he only had to post $10k. A hefty sum for most of us, but chicken feed for someone of his means. For someone who, even though his business was in bankruptcy, can afford to hire some high powered attorneys, the amount is a slap in Diane's face.

There was never any detailed testimony about his financial holdings, something that Assistant State Attorney Robin Wilkinson attempted to elicit, but was abruptly prevented from doing.

There was testimony that Mr. Ward had threatened suicide in a conversation with his brother-in-law. Perhaps a murder-suicide was planned, but he changed his mind. We don't know how much time elapsed between the gunshot, the placing of the gun in the nightstand, and the 911 call. Only one person knows what really happened in that bedroom.

There was testimony that none of the character witnesses, presumably the people who knew him best, were unaware of the extent of his financial woes. He did a good job of keeping that a secret.

The character witnesses that spoke on his behalf were all financially dependent upon the Mr. Ward. They were:

• John Mitchell Thomas, friend in 1985 for a year, lost touch & renewed their friendship 3-4 years ago testified he saw the Bob & Diane together only 3-4 times and that they seemed to respect and care for each other. Thomas testified he'd been to the Ward home only one time. He admitted he did not know the status of their relationship. He worked for Ward for a couple of years.
• Patricia Wilkinson, employed by Ward as a housekeeper / "Girl Friday" since they purchased the Isleworth home 2 1/2 years ago
• Mallory Ward, daughter
• Sara Ward, daughter
• Paula Saare, Diane's sister, employed by Ward's company admitted that she asked the detective to rule Diane's death as an accident

It seems as though for someone who is 61 years old, there weren't any true, long time friends either available or willing to testify in his behalf. It struck me that he really does not have very many ties to the community - especially since the mansion he's lived in is being foreclosed upon.

The Sentinel reported on September 27th that Mr. Ward's first wife Janis made allegations of cruelty in their divorce 32 years ago. And an ex-girlfriend who dated Ward for about five years in the 1980s reported that he was a charming and generous man who wrestled with bouts of jealous rage and possessiveness — especially when he was drinking. These behaviors, along with the ability to keep secrets, are typical of someone who has abusive tendencies in their intimate partner relationships.

I also find it interesting that no mention of alcohol was made during the hearing, and yet it was reported in the Sentinel's October 9th coverage.

Also puzzling to me, and to many others, is the wholehearted support by Diane's sister and by the daughters for the man who is accused of murdering her. Ward's demeanor, as well, is baffling. His behavior in jail, his lack of apparent grief for his wife (as was demonstrated in a tragic accidental shooting of Nancy Dinsmore this weekend in Winter Springs), and his air of nonchalance at the entire process makes one think that perhaps he feels as though somehow he doesn't have to live by the same rules that the rest of us do.

I was stunned by Kirk Kirkconnell's lame attempt at humor when he realized in his closing argument what a foolish thing he said when discounting Ward's suicide threat. To paraphrase, he said, "Who among us hasn't threatened to kill themselves or their wife? We all have!" He then looked sheepishly over his shoulder and said "My wife's not here, is she?" Perhaps it was a Freudian slip. But it was offensive to every victim whose voice has been silenced by domestic violence. If you hear someone threaten to take a gun and blow their brains out, don't ignore the threat.

Finally, a $100k bail for someone with Ward's means is meaningless - even if his mansion is going into foreclosure. For most of us, a $100k bond would be a huge incentive to return to court. I would guess his attorneys' retainers exceeded that much already. At this point, he has no reason to flee. It certainly looks like things are going his way.

Has anybody bothered to make funeral arrangements for Diane yet? After all, she died 3 weeks ago. Seems to me that nobody really cares about her.

For more info, the Sentinel has a comprehensive list of articles and videos available online. The entire 2-hr bond hearing may be viewed at WFTV's site (it is broken up into 5 segments).