Judge: This is a heartbreaking situation

Background Info

Michelle Wheeler, initially charged with 2nd Degree Murder in the January 2009 death of her boyfriend of approximately 5 years Jerry Cisco, pled to Manslaughter in March. Her sentencing hearing was yesterday, and I left the courtroom with a renewed appreciation for how tough a judge's job can be. See also my earlier blogs about this case.

Cisco and Wheeler had a tumultous relationship that involved alcohol abuse and violence by both parties. Cisco had been arrested on at least 5 occasions for domestic battery against Wheeler. The Court heard testimony about the injuries she had sustained over the course of their relationship: cuts with a knife, numerous bruises, broken bones, and a busted eardrum. A search of the Orange County Clerk's records show 11 cases against Cisco going back to 2004 for the following charges:

• 3/22/04: Resisting Officer w/o Violence
  
  Case nolle prossed (dropped).
• 3/25/04: Driving Under the Influence
  
  Adjudicated guilty - 1 year probation.
• 4/28/05: Assault (2 counts)
  
  Pled no contest - adjudicated guilty 8 days jail w/credit 8 days time served; 160 days probation; no contact with victims (two of Wheeler's family members) - Cisco subsequently violated this probation in December 2005 and served 37 days jail.
• 5/14/05: Battery DV
  
  No Information (the formal charging document) was filed by State. Cisco violated terms of Home Confinement in this case, but since no Information was filed, there were no sanctions imposed.
• 6/24/05: Battery on Law Enforcement Officer; Threats Against Public Servant
  
  Pled no contest and was adjudicated guilty both counts - sentenced to 27 days in jail w/credit 27 days time served; 48 months probation (concurrent with other case); 100 hours community service; anger management seminar; substance abuse evaluation; apology letter. Cisco was subsequently found in violation of probation June 2007 and served 171 days in jail in spite of Wheeler's declination of prosecution.
• 6/28/05: False 911 Calls; False Reports of Commmission of Crimes
  
  Pled no contest and adjudicated guilty of both counts. Sentenced to 160 days w/credit 160 days time served.
• 7/11/05: Burglary of Dwelling w/Assault or Battery; Aggravated Stalking w/Credible Threat; Battery; Criminal Mischief
  
  Burglary charge was dropped, pled to all other charges and sentenced to 1 year jail w/credit 101 days time served; 42 months probation; anger management seminar; and 75 hours community service. Cisco was subsequently found in violation of probation June 2007 and served 210 days in jail in spite of Wheeler's declination of prosecution.
• 11/17/05: Aggravated Battery w/Deadly Weapon; Aggravated Assault w/Deadly Weapon; Aggravated Battery on Pregnant Person
  
  No Information was filed by the State.
• 6/20/06: Felony Battery
  
  Pled no contest & adjudicated guilty. Sentenced to 64 days jail w/credit 64 days time served, ordered to have no hostile contact with Wheeler (who had filed a declination of prosecution).
• 7/4/07: Battery
  
  No Information was filed by the State.
• 12/28/07: Battery DV
  
  No Information was filed by the State.

Wheeler's criminal record for the same timeframe:

• 12/14/04: Battery
  Case nolle prossed.
• 10/21/06: Disorderly Intoxication
  No Information was filed by the State.
• 9/28/08: Battery (4 counts); Disorderly Intoxication
  Pled no contest to one count and sentenced to 60 days jail with credit 42 days time served; substance abuse treatment while in jail. Other counts were nolle prossed.
• 1/16/09: 2nd Degree Murder (victim: Jerry Cisco)
  Pled to Manslaughter w/Deadly Weapon.

In addition to the above, Wheeler was sentenced in 2004 to 18 months prison for violating probation in a 2000 case where she pled to Burglary of a Conveyance. She was released from custody in August, 2004. This case occurred before her relationship with Cisco began.

Testimony Provided

Both sides of the courtroom had half a dozen or so family members present. The victim's family made the trip from Kentucky.

Media representatives were not in attendance.

Ms. Wheeler's mother, father and sister, who have been caring for the couple's children (ages 3 & 4), spoke on her behalf. They expressed their apologies to Cisco's family for the loss of their loved one. In addition to testimony about the victim's alcoholism and injuries inflicted upon Wheeler, they told the judge about the defendant's own alcohol abuse and did not sugarcoat her criminal history. Wheeler's sister testified that she and her husband had been very close friends with Cisco, but that after Cisco and Wheeler's relationship began, he became violent and threatened to kill Wheeler on several occasions. She told the judge that she and her mother had taken Wheeler to the hospital on several occasions after altercations with Cisco. She also stated that she always thought that the situation would be reversed, expecting that her sister would end up dead.

Dr. Allen Burns, court-ordered psychiatrist (one of three who had evaluated the defendant), testified that she was not insane at the time of the offense. He stated that she suffers/suffered from schizoaffective disorder, bipolar disorder, post-traumatic stress disorder, panic attacks, and had intermittent auditory hallucinations.  In addition to a history of being a victim of domestic violence, she was a victim of sexual abuse in the past. He found that she did not meet the criteria for involuntary hospitalization and that she was no imminent risk to herself or to others. He recommended that she continue on the medications that have stabilized her since her incarceration, that she undergo treatment for her alcohol dependency, and have therapy for the symptoms of PTSD.

Defense Counsel Chung-Wook Kim then called Michelle Wheeler to testify. She told the judge about the afternoon that led up to the fatal event, but never once spoke about the actual incident (in the bond hearing last year, there was testimony that Cisco had threatened to kill her several times throughout the day and once he grabbed a knife, she begged for her life, convinced him to drop it, and then picked it up and stabbed him). She told the judge that she had personally contacted law enforcement 5 times for help during their relationship, and her neighbors and sister had also called on several occasions.

When asked why she didn't leave the relationship, her reply was something every domestic violence advocate hears from victims - he promised to stop hitting her, she feared for her life if she did leave (there were threats to kill her and burn down the house), and she wanted to keep her home intact for their children.

As she read a prepared statement to Cisco's family, Judge Adams suddenly seemed to lose interest in what the defendant had to say. He began to look away as he searched for something in file drawers and on top of the bench. It struck both of the courtwatchers as disrespectful. It was the only time he did not appear to give the person testifying his full attention.  Wheeler apologized to Cisco's family, said she never meant to hurt him and that she still loved him. She told of the pain and grief she is experiencing in losing both Jerry and not seeing her children.

She told the judge that she has completed all the programs offered to her at the jail and that she is pursuing her GED. She indicated that she is willing and able to comply with any conditions of release that might be imposed upon her. She admitted that she had injured Cisco in the past, but that any violence she perpetrated upon him was a result of him being the aggressor.

Assistant State's Attorney Les Hess elicited testimony about the defendant's previous record (above) as well as some older incidents from the 1990s. He focused on the fact that their relationship often involved "mutual combat." Wheeler also told the Court that every time she had had a brush with law enforcement, alcohol had been a factor.

The most compelling witness was the victim's older sister, Trina Penny, who read a victim impact statement that was well written and delivered with passion. As one who has lost a child to murder, I saw myself in the family's shoes, particularly those of the victim's mother, as they described the shock and grief they experienced when learning of Cisco's death, as well as the struggle they face to accept the reality of the situation in those first few days and weeks.

Her anger at the defendant was evident, yet I was surprised that neither she nor her mother (who called in from North Carolina), were willing to admit that Cisco had played any part in the violence in the relationship. She idealized her little brother, never once conceding that he had a problem with alcohol. She talked about Wheeler's "questionable children" as if to imply that Cisco was not their father. She blamed Wheeler for causing her brother to lose hope, his health, integrity and enthusiasm for life. She accused Wheeler for being responsible for isolating him from his family, ruining him financially, and claimed that he was unable to move back to Kentucky because he feared for the safety of their children. She asserted that her brother was a victim of domestic violence, but because he is a man, there are no domestic violence groups supporting his side of the story (I'll write more about that tomorrow). She told the judge that Wheeler deserves to die for what she did.

Attorney Arguments

The Defense requested a Downward Departure from the sentencing scoresheet of 10.5 years because of several mitigating factors per Florida Statute 921.0026(2):

(c) The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.

(d) The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.

(f) The victim was an initiator, willing participant, aggressor, or provoker of the incident.

(g) The defendant acted under extreme duress or under the domination of another person.

The judge needed only to find that one of the above applies.
From where we sat (in the cheap seats), I would have to say that both (f) and (g) above would apply, perhaps even (c), but there was no testimony about whether she was impaired, even though she did indicate they had both been drinking that night.

The State requested no Downward Departure, claiming that this is not the first time that Wheeler had faced prison time and lied (she initially claimed Cisco had committed suicide when law enforcement was called to the scene).

The Sentence

Judge Adam's first comment was that "This is a heartbreaking situation." He recognized that everyone in the courtroom was suffering as a result of what transpired on January 16, 2009. He commented that both parties contributed to the environment and that alcoholism takes a terrible toll on everyone involved. He did not find it surprising that the defendant initially lied about what happened because addicts often lie to themselves and others about their addiction as well as the situations in which they find themselves.

The judge did not find grounds to downward depart, stating that Wheeler was a willing participant. The notion that Wheeler willingly participated in the violence indicates a terrible misunderstanding of the dynamics of domestic violence. I'll explain why tomorrow.

The sentencing guidelines called for a minimum 10.5 year sentence. She could have received a maximum of 30 years.

Judge Adams ordered that Wheeler serve 20 years in DOC plus an additional 10 years of probation upon release. She was ordered to consume no alcohol and participate in substance abuse treatment with random urinalysis. She was given credit for the 1 year 150 days time served.

As he announced his sentence, Wheeler turned around with a panic-stricken look on her face and asked her sister to take care of her children. Whether or not Cisco's family has any interest in them is unclear.

It was indeed a heartbreaking (nearly 2-hour) hearing for everyone concerned.

Further comments to follow.

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?

No Bond for a Battered Wife

Shortly after the Michael Stalling sentencing in Judge John Adams' courtroom, I watched a bond hearing that has haunted me the past 24 hours. Michelle Wheeler (2009CF808) is charged with 2nd Degree Murder in the death of her husband, Jerry Cisco. Without recounting all the details of the 75 minute hearing, both parties have criminal histories. Cisco had been arrested several times for assaulting Wheeler, and the charges have always been dropped.

After the judge took 15 minutes to review the psychological report, the bond hearing began. Ms. Wheeler had about a dozen family members and friends in the courtroom to support her. In addition to a 17-yr old from a previous marriage, she has two children with the victim (ages 2 and 3). If released, she would live with her parents, who have owned their home in Ocoee since 1969. She has a history of always appearing in court when required to do so.

Joyce Pastorek, co-founder of No Abuse, a certified Batterers' Intervention Program (BIP) provider, and author of the psych report testified on behalf of the defense. She related that Ms. Wheeler is suffering from Post-Traumatic Stress Disorder and meets the criteria for Battered Wife Syndrome. Pastorek testified that on the day of the incident, Cisco had conviced Wheeler that she would die that day. She had been repeatedly beaten and threatened with a knife that he'd used on her in the past. She was, in fact, convinced that she would die that day. Some time after midnight, she begged him to drop the knife, at which time she quickly grabbed it and stabbed him in the chest.

Wheeler's attorney, Chung-Wook Kim did an excellent job of making his case, until it was time for final argument. He carried the ball to the 5-yard line, but didn't cross into the end zone. Bond is designed for two purposes - to assure the defendant's appearance in court and to protect the victim and/or community. Mr. Kim failed to emphasize that Wheeler has strong ties to the community, and that she is not a flight risk (having lived here her entire life). He also failed to argue that she is not a danger to anyone. He asked for bond in the amount of $10k-20k with home confinement or GPS monitoring, and counseling. He indicated a curfew would be a reasonable restriction for his client, who has been in custody since January.

Assistant State Attorney Les Hess provided testimony that Ms. Wheeler committed the offense (she made an admission to law enforcement). He relied on "proof evident, presumption great" standard that she committed the offense.

The judge ordered that the defendant be held on No Bond. He indicated that if evidence were presented that she could get the counseling help she needs, and that if it was superior to the help she's currently receiving in jail with the New Beginnings program, he would reconsider if another motion were brought before him. Was the judge's decision perhaps influenced by the embarrassment of having had a different defendant (Michael Stalling) not show up when he was supposed to? We'll probably never know for certain.

True justice is tempered with mercy and each case should be considered on its own merits. I was disappointed to see that justice didn't happen in this hearing.