AZ - New developments in the Cindy Monkman Apelt case

[katiecoolady]

kcl, how can the Judge making a judgement, after the fact, supersede the right of a fair prosecution representation. There has to be a law that pertains to that. Your right of representation precedes any questioning at all. That issue needs to be settled first.

This whole thing is upside down Buzz. She commited one of the biggest no no's a judge can do: initiate and exparte hearing without one party there to discuss and decide upon an issue that is CONTESTED by the non present party. But she did it. And she'll probably just get a slap on the wrist. She's in a swell of megalomania IMO, ruling everything she can in these last two weeks in the murderers' favor while slamming down the State in every single thing...EVERY single thing they have requested. It's mind boggling.

 

[Buzz Mills]

This whole thing is upside down Buzz. She commited one of the biggest no no's a judge can do: initiate and exparte hearing without one party there to discuss and decide upon an issue that is CONTESTED by the non present party. But she did it. And she'll probably just get a slap on the wrist. She's in a swell of megalomania IMO, ruling everything she can in these last two weeks in the murderers' favor while slamming down the State in every single thing...EVERY single thing they have requested. It's mind boggling.

Wow, I think to even the playing field, I would turn this story over to Bill O'Reilly and have him unload. How did the German government get involved?? It sounds as if they are driving the State Dept, to drive the judge in AZ. This shouldn't be happening.

 

[accordn2me]

Wow, I think to even the playing field, I would turn this story over to Bill O'Reilly and have him unload. How did the German government get involved?? It sounds as if they are driving the State Dept, to drive the judge in AZ. This shouldn't be happening.

I second the Bill O'Reilly and reiterate reporting her to The Reader's Digest magazine. The Reader's Digest will be too little too late, I'm afraid for your case. However, she will be on "the list" of quack judges that they feature. I've read some appalling things judges have done but I think this tops them all. My prayers are with you and your family Katie.

 

[SewingDeb]

Turn this one over to Nancy Grace. She would love to expose a judge like that to the light of day.

 

[katiecoolady]

Funny you should say that guys because I spent last weekend, when I realized just how far this thing was sinking, sending letters out to Nancy and anyone who was victim oriented that I could. My attorney has been doing the same and has connections with one of Nancy's good friends. We'll just see if anyone "bites" on this. It has not only national, but international implications. As I said in my letter, if these vicious sociopaths walk free, Scott Peterson will be lining up with a mentally retarded argument right behind them.

I learned something very disturbing last night about Rudi, the brother who does stand a big chance of prevailing here...more than Michael, my sister's "husband".

Rudi has a conviction in his past of a brutal rape for which he served 5 years in prison in Germany in his 20s I guess (funny I guess theydidn't argue his "mental retardation" in that case). At the scene where my sister was found was her beach towel (that I had to identify in court) and a rope which they never knew what it was for. Cathy told me last night that at the scene where Rudy left the rape victim, there was also a towel and a rope. And his brother Michael had nothing to do with that crime. Do mentally retarded people have patterns of assault? I think not.

 

[Marstan]

Funny you should say that guys because I spent last weekend, when I realized just how far this thing was sinking, sending letters out to Nancy and anyone who was victim oriented that I could. My attorney has been doing the same and has connections with one of Nancy's good friends. We'll just see if anyone "bites" on this. It has not only national, but international implications. As I said in my letter, if these vicious sociopaths walk free, Scott Peterson will be lining up with a mentally retarded argument right behind them.

I learned something very disturbing last night about Rudi, the brother who does stand a big chance of prevailing here...more than Michael, my sister's "husband".

Rudi has a conviction in his past of a brutal rape for which he served 5 years in prison in Germany in his 20s I guess (funny I guess theydidn't argue his "mental retardation" in that case). At the scene where my sister was found was her beach towel (that I had to identify in court) and a rope which they never knew what it was for. Cathy told me last night that at the scene where Rudy left the rape victim, there was also a towel and a rope. And his brother Michael had nothing to do with that crime. Do mentally retarded people have patterns of assault? I think not.

That is horrible about Rudi - I wonder if he planned the whole thing? Ya know being MR and all, who wooda thunk he cld plan any of this. And how on earth did he get into the US when he was a convicted felon? This case reeks.

 

[JBean]

Here's the thing. The defense KNOWS they are in the power position now. They have been working on this hearing for 3+ years. They have Amnesty International and the German govt in their corner. Even the Mentally Retarded Association has gotten behind them (which is amazing considering this hearing is TO determine IF these killers are MR). And of course they know the Judge is on their side.

They also know that the AG's office is in a weakened state. That the team preparing for this for 3+ years has left the case and a new prosecutor with LIMITED experience has taken it over in the last THREE MONTHS. How can you prepare for a hearing of this magnitude in THREE MONTHS? You can't.

Yet they have rushed it through, with the help of the Judge, for these reasons. They are striking while the iron is hot.

So when the original prosecutor, Cathy Hughes, came out of retirement to work on this case FOR FREE for the AG's office out of her outrage that this was going on, of course they freaked. She knows everything about these killers..she prosecuted, interviewed and withone of them cross examined him!

Of course they want her off! So their argument has been two pronged. They want to call HER as a witness (this is a frequent tactic to keep someone out of the courtroom...put them on the witness list whether they intend to call them or not to preclude them from being in court...this was a tactic defense attorneys used for years on victims families before the Victims Bill of Rights). So they claim they want HER as a witness so she can't work at the prosecution table. Cathy's legal argument about this was using the LAW to support it which basically states that defense attorneys can't put the PROSECUTOR on the witness list to assure they can't even prosecute their own case! (most prosecutors have interviewed defendants which is their argument here).

The second prong of the argument is that Cathy is my friend now. apparently that one was shut down today.

But the compromise was that the defense will go first in questioning Cathy, before the State's case starts and THEN the Judge will decide if she can proceed working for the State. She doesn't even get it.

Hope this makes sense..........

Oh it makes sense. I am so sorry KCL. These politics are maddening to say the least.

 

[JBean]

That is horrible about Rudi - I wonder if he planned the whole thing? Ya know being MR and all, who wooda thunk he cld plan any of this. And how on earth did he get into the US when he was a convicted felon? This case reeks.

OT Hi there Marstan. Always good to see you.

 

[Marstan]

Hi JBean good seeing you. This case is just crazy - I am hoping the Chief Justice's instructions are followed about the courts' stance on victim's rights.

Victim Rights mean nothing if the laws are not followed.

 

[MrsG728]

:banghead::furious:
I can't believe that this is even being allowed in a courtroom. In AMERICA! Argh!


Best of luck tomorrow. I hope that all the publicity generates a public outcry for reform or to get this case thrown out so this sicko spends the rest of his hopefully short life on death row.

MG

 

[katiecoolady]

Thanks guys.

Not a whole lot new to report today. My Dad got here yesterday and as you can imagine is quite stressed. He only brought one pair of shoes which are new and giving him blisters so he will also be limping in to court . Oh, I sprained my ankle last week pretty bad so I had been joking about going in in a wheelchair. Kidding.

Anyway, we get prepped for testimony sometime today or this evening and supposedly are preparing to take the stand tomorrow. All the attorneys are checking in to their hotels down there in Florence for the two weeks. We will commute.

Still no word yet on the special actions on the table and I guess we will hear tomorrow right down to the wire.

Please keep holding us in your thoughts. This is an unbelievably stressful moment for my family.

 

[Malini2001]

I can't believe this has gotten this far. The judges don't even obey our laws and nothing happens to them. They have too much power over our lives.

I will keep your family in my prayers. Good luck tomorrow! This judge needs to give up this case, she has already made too many mistakes.

 

[katiecoolady]

I can't believe this has gotten this far. The judges don't even obey our laws and nothing happens to them. They have too much power over our lives.

I will keep your family in my prayers. Good luck tomorrow! This judge needs to give up this case, she has already made too many mistakes.

Well she's not going to give it up Malini but she is on record now numerous times in this case alone for ethical and rule violations, having had several rulings overturned (all FOR the defense mind you) already by the AZ Supreme Court. I just can't imagine this is a usual journey to a trial or hearing...having the JUDGE one sided and getting so overturned and then that very Judge being the one making the final decision! It's topsy turvy to me as many of the issues here are.

Hopefully, the appellate court will see this judge is unfit to hear this hearing and replace her. But you know, they tend to stick together. At least this special action to recuse her is on the record now. If she rules in their favor as many of us are expecting, there will be loads of grounds for appeal. Then more taxpayer money, more time wasted, more crap we will be drug through. But there will be an appeal I'm told should that decision go down.

 

[Pepper]

I sincerely hope all goes well for you tomorrow Katie. I'll be thinking of you, and praying that one day this will all be behind you, and you can live your life with renewed optimism. I know that the memory of this horrible experience and the loss of Cindy will never go away. I just hope you can find the peace you seek.

 

[Love_Mama]

Katie, I'll be praying for your family and Justice for your sister.

xxxxxxxxxooooooo
mama
:blowkiss: :blowkiss:

 

[Marstan]

Just a quick update. The trial began yesterday. Some of the highlights are:

The Apelt Bros did NOT appear. Which is great for two reasons: Katie and her dad did not have to see them or hear them and the trial has been moved to Phoenix since the only reason it was in Florence was because that is where the bros are located and on death row.

The judge was so nice that Katie said she was totally surprised. I wonder if the judge reads WS? Or the story by Sarah Fenske?

I know Katie and her dad testified and both are relieved that part of the trial is over. Now they can concentrate on the other stuff.

Katie, you are in our thoughts and prayers !

 

[PaperDoll]

Still praying for you Katie and your family. :blowkiss:

 

[JBean]

Just a quick update. The trial began yesterday. Some of the highlights are:

The Apelt Bros did NOT appear. Which is great for two reasons: Katie and her dad did not have to see them or hear them and the trial has been moved to Phoenix since the only reason it was in Florence was because that is where the bros are located and on death row.

The judge was so nice that Katie said she was totally surprised. I wonder if the judge reads WS? Or the story by Sarah Fenske?

I know Katie and her dad testified and both are relieved that part of the trial is over. Now they can concentrate on the other stuff.

Katie, you are in our thoughts and prayers !

Oh! thank you for the update Marstan.

 

[Marstan]

(and others) Katie contacted me by email and told me about it. Sunday she got very little sleep (nor did her dad) from worry and she was completely wasted by the time she got home last night.

Katie will be in court this morning. The retired prosecutor (Cathy) will be testifying today in Phoenix.

I was not there with Katie, but I wish I could have been! Anita was there with her and also a girl that was a friend of her sister's was there to testify. Katie had not seen her since the original trial.

I am sure there is a lot of information. Hopefully Anita or Katie can find the time tonight to do a "real" update.

 

[fran]

Katie:

I just now found this thread. I don't know how I missed this! Wow!

I am so sorry to hear this is happening to you now. I remember talking to you about your sister and her case during the SP trial. We thought Cindy had gotten the justice she deserved and the murderers were going to pay the ultimate price.

Good grief! It never ends. This is an outrage. I can't believe this is happening after all these years.

I know you're going though a terrible time. I'll be thinking and praying for you and your family.

{{hugs}}
fran

PS...and thank you for the update Marstan...........fran