COMMENTARY BY SAMUEL SPITAL, CRIMINAL HOMICIDE AND DEFENSE LAWYER
“On February 4, 2013, the Orange County Registrar published a digital article in which a husband was arrested in connection with a cold case investigation for the death of his wife about nine years ago. According to the story, this was a brutal murder in which the wife had her throat slashed and her head was nearly decapitated. All of this happened in the early morning hours when the 17 year old son was tied up and placed in a his bedroom closet by another suspect. It was further revealed that the husband had previously pled guilty to spousal battery and attempting to dissuade a witness (the victim in the current criminal case), then being sentenced to one year in County Jail and formal probation for five years.
Either the author did not interview the investigating officers more thoroughly or the Police and District Attorney declined to provide any further details as to the underlying evidence that led them to arrest the defendant for the vicious killing after so many years had intervened. Defense counsel will undoubtedly perform a painstaking investigation given the substantial intervening period of time from the incident and the current filing of the criminal charges, as well as raise various pre-trial motions and to establish the defense strategy.
It is interesting to note the husband was not arrested after so many years even though the the spouse is generally considered the first and often the primary person of interest in a murder; when this nexus is coupled with the previous conviction for domestic violence along with the type of and manner of killing, there would seem to have been other circumstantial evidence as well to link the husband to the crime even if no eye witness, including but not limited to DNA. However, the spouse may have had an alibi, he may not have used the knife in question and/or his participation in the crime as a co-conspirator could not have previously been established beyond any reasonable doubt. If the defendant does not have the means to retain private counsel, a Deputy Public Defender will be appointed.”