AZ - New developments in the Cindy Monkman Apelt case

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Well, a brief update on this insanity. The "issue" now is whether these killers are affected by the rare genetic disorder in which 1% of those affected are mentally retarded (see the odds here? the disorder itself is exceedingly rare and even if they have it--both of them--they still only have a 1% chance of being mentally retarded--that is the level of ridiculousness this thing has gotten to). And add to those odds that not one but both of them have this disorder.

Ok so there have been experts and arguments on this since I last wrote but I just can't stomach even hearing about this, excuse my language, bull****.

So my attorney wrote me this week telling me about some hearing coming up very near my BD in Nov. on this preposterous argument asking if i wanted to go and I wrote her and said I will not be attending any more hearings on this unless my presence is absolutely required. The Judge who's been hearing this for 4 years now (to the tune of several million dollars invested in arguing it--like 7 million I think I last heard?) is retiring at the end of this year. So she set a date for a "final hearing" on it for Dec. 19. My sister was killed on Dec. 23. There is NO way I will expose myself to this crap at that time of year--they simply can't get that from me.

So, no real news on it other than it drags on and on and they drain the taxpayers coffers more and more w/ desperate arguments droning on and on and on....all I can say is hopefully it wil be all said and done while my father is still alive.
 
Continued prayers for you and your father :blowkiss:
 
Katie, prayers for you and your Dad, it's been a horrible "bumpy ride" for you both all these years, take care :blowkiss:
 
Thanks guys....I know I kind of started this thread "In the heat of battle" on this thing then left it all hanging...but that's where it is left...hanging still. This is the only place online that I posted onthis issue (there were a couple of newspaper articles on it though) so I will most definitely update here if/when a decision comes in. If it comes in in any of our lifetimes I mean.
 
Katie, hopefully the judge will see this total BS for what it is and it will be over...or is that expecting too much from our justice system?

Prayers to you and yours for peace and strength.
 
I don't understand how anyone with any common sense could find them retarded. It takes a lot of premeditation to plan out crimes and con people. A mentally retarded person would not know how to even ever go about doing that.
 
Continued prayers for you and your Dad, KCL!! Hang in there. :blowkiss:
 
I'm really sorry that you and your dad are having to go though such a nightmare and for such a long length of time. I know it really takes a toll emotionally. There is something wrong with a judicial system that would allow this kind of thing to go on for so long and to refuse to see it for what it is.

I'm so sorry that you lost your sister in such a horrible senseless way. It's hard to heal when so many other things are happening pertaining to the murder. You shouldn't have to go through this. I don't blame you for not wanting to go to any more hearings. It is really hard to sit in the courtroom with the killer/killers and not jump over the benches and kill them. It takes a lot of emotional energy to just sit there and not react.

I hope that this comes to an end in December and that these guys are found out and have to spend the rest of their lives in prison where they belong. How anyone can defend these monsters is beyond me.
 
Thanks everyone. Yes summed it up well. The only other thing is that these monsters would be getting NO preferential treatment like this had they not received the death penalty. At the time of their sentences, the options in the State of AZ were the DP or Life WITH parole. They were young men (one still in his 20's) who would have been eligible for parole in 25 years. Of course the State went for the DP as these ARE the worst of the worst.

They get chosen as "poster children" for anti DP activists who will drum up any and every ridiculous argument to try and "save" them. We were warned of this but ya know, you go in to denial. THEY are perceived as the victims now....our taxpayer dollars are going to ridiculous expenses such as flying over from Germany teachers who have had no contact with them since they were in early grade school (and supposedly , although elderly now, have incredible memories as to how these boys behaved 40 years ago in class). Oh and we paid for one of their spouses to come with him for less than an hour of testimony and a free weekend all expenses paid trip to the US! He said with glee on the witness stand (perhaps his most lucid moment) how "excited" he was to come to the US!!! Well bless his heart! You can see the manipulation here of course....and the ludicrousness of it all.

Scott Peterson will be afforded the same insanity once they've exhausted the usual "ineffective counsel" and the like appeals. And Sharon Rocha will be dragged in to court, elderly herself, to recollect her daughters last days. This is what our system has come to. Yep so this is why I am drawing the line now at what I will invest in all of this. The word is out as much as it can be and sadly, at this stage, the most "emotion" left in the legal system is for those who least deserve it (well other than contempt of course). Ya wish they would just lock them up and throw away the freakin key already however, in our case, they become eligible for parole in 25 years and they are almost at 20 now. Scary.
 
MeoW333 said:
I don't understand how anyone with any common sense could find them retarded. It takes a lot of premeditation to plan out crimes and con people. A mentally retarded person would not know how to even ever go about doing that.
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It is an absolute insult to an already stigmatized group in society--linking truly mentally retarded, innocent people who wouldn't hurt a fly to PREMEDITATED MURDER. Disgusting.
 
Katiecoollady you might ask the prosecution if they thought it would help if you wrote a letter of complaint to your local representatives and the attorney general of your state. I don't know if they could do anything directly, but perhaps political pressure could be applied.
 
mysteriew said:
Katiecoollady you might ask the prosecution if they thought it would help if you wrote a letter of complaint to your local representatives and the attorney general of your state. I don't know if they could do anything directly, but perhaps political pressure could be applied.
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This is actually being tried out of the AG's office so they know everything that's been going on (it's so freaking convoluted including the fact our case has been tossed to so many prosecutors over the years it's been going on ---just THIS argument I mean, the MR one--it's not even funny). My father did write a letter after the 3 week hearing last Spring to someone, I don't remember who....but the beat goes on. That's why we were glad a few articles got out in the media just to get some PUBLIC awareness of this atrocity and then some pressure that way. The Judge also has been questionable and taken to the AZ Supreme Court on this multiple times and she is the ONLY finder of fact in this and apparently retiring the end of this year. After that, who the hell knows what will happen...start over with a new Judge? I wouldn't be surprised.....ugh. See this is why I don't stay too involved in this thing, it can literally make you nuts. Thanks for the support though....much appreciated.
 
Well, years later, the Judge finally made her decision on this issue. Rudi gets the mentally retarded card and Michael remains on Death Row. As you can imagine, mixed feelings on this. At least now, these brothers will be separated for life. They've had the privilege of living above each other in prison, talking and plotting through the vents...now they will say goodbye forever. Some questions remaining like if we start on parole hearings now on the "mentally retarded" brother as he will be eligible for parole with his new sentence.

Anyway, here's an update:

http://blogs.phoenixnewtimes.com/valleyfever/2009/05/judge_vacates_death_penalty_fo.php
 
I assume neither one of them had any trouble driving the Jaguar.

I really enjoyed the first comment to that article, doubt it will stay up long. But I agree.

How are you doing?
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Oh yeah. One of the things that burns the most is the reflection this places on the TRULY mentally retarded. Premeditated murder with a sophisticated coverup plot that they BOTH engaged in independently. The Judge looked more at the history than the crime. Whatever.

I have no idea who wrote that comment...pretty funny. Oh NT will leave that up I suspect. I'm doing alright...was kind of weird getting this news from a reporter friend of mine in the middle of my work afternoon (some big glitch in the "system" par for the course...I found out before the AG's office did!). It was a total fluke that he even found out...and the Judge didn't forward her decision to the appropriate parties....interesting huh?
 
Arellano's decision can be read here:

http://www.superiorcourt.maricopa.g...ases/Rulings/rulingsReaditem.asp?autonumb=314

I find it interesting she found no impairment in Rudi's adaptive functioning seeing this was a person who leased cars on his own, pulled off scam after scam independently with women, pulled off a RAPE in Germany for which he served 5 years in prison, etc. etc. Wonder what the ARC thinks about those things being associated with their population?
 
katiecoolady,
Im so sorry for what you have been going through. Our justice system just simply sucks. I have been going through something similar for the past 2 years....continuances and just plain crap.....You will be in my thoughts and I just wanted to give u a :hug:
 
illinoismom said:
katiecoolady,
Im so sorry for what you have been going through. Our justice system just simply sucks. I have been going through something similar for the past 2 years....continuances and just plain crap.....You will be in my thoughts and I just wanted to give u a :hug:
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Oh Angie I just read your story. I'm so sorry. Looks like since he was a "good guy" and plead to it (translation: copped to it to avoid a greater penalty) he got a lesser sentence. It is truly amazing how, in the justice system, often the definition of "the victim" can twist and turn. I hope you are getting support for yourself and your boys from your husband's FAMILY beyond the person who murdered him.

As Nancy Grace so often says, premeditation can occur in a second. He could have stopped this and if he can't, he's obviously a danger to society.

(((hugs to you too))))
 
The whole thing (outside of the Arepts' convictions and DP sentences) is appalling. Ultimately, only Michael Arept might ever suffer the consequences, and if he has the anti-DP movement in his corner, it could take awhile.

It says alot about the anti-DP movement that they will use underhanded (and repulsive) tactics to vacate DP sentences just to satisfy their agenda. Using a strategy like mental retardation to try to basically offset the sentences is reprehensible. It insults Cindy Monkman, her family, and everyone affected by real mental retardation.

If our system expects twelve average citizens to sit in judgement of a "peer" and they find the "peer" cupable enough to warrant sentencing him to death, the system should damn sure see that the sentence is carried out. I honestly believe that juries take the responsibility of death penalty deliberations seriously and are more likely to err on the side of caution. Call me naive.

Don't get me started on the insurance company crap. What people won't do in pursuit of the almighty dollar. They gladly take your premiums, then hide behind the fine print of the terms and conditions to refuse your claim.

With absolutely no offense meant to anyone affected by genuine MR, my only question is whether Rudi-the-Suddenly-Retarded will be alone and in GP? One can only hope.
 
Ok here is the final update to this saga which hopefully has finally ended. Yesterday was the resentencing hearing where, of course, Rudi's attorneys argued to have his consecutive sentences to concurrent (yeah, this "mentally retarded" murderer is also sentenced to life for CONSPIRACY--don't you think conspiring to commit a murder would be incompatible with mental retardation? DUH).

The catch in this is that, if granted, it would allow him jump from Death Row, to be eligible for parole in just five more years. And he's only 50 so he could get out, rape and kill some more women and have plenty of good years to pull this off. He was sentenced to life w/ parole and Death in 1991 so they were trying to push this as far as they could and get the Judge, who was already biased on their side, to change the structure so he could actually have a chance of getting OUT vs. have to serve another 25 years after the first sentence is completed (25 to life). SO, my attorney said it was important I was there to give a Victim Impact Statement at least for it to be on the record should this Judge favor them as she had consistently throughout this hearing.

I literally decided at midnight before the hearing that I would go, stayed up til 2am writing my statement and drove out of town (right past the desert area where they dumped Cindy's body..ugh) to Florence AZ where the hearing was held. His attorney started by turning toward me and addressing me directly with an apology to my family for any further pain his office may have caused (he knows how much they screwed us over in the name of "helpiing" this murderer) and then pleaded for mercy for his client, the "Victim" and all of his childhood suffering blah blah f'ing blah. My attorney then said her piece and then I delivered my statement (which I will post here) . Right after that the Judge delivered her sentence--resentencing him to Life WITH parole but keeping it consecutive for two reasons: a. she has no jurisdiction to change it and b. Even if she did, the nature of the crime would not warrant it. My attorney leaned over and said "that last part was all you". I don't really believe that as I don't think this Judge has shown me or my family much consideration at all but I do think making my statement was worthwhile FOR ME. And perhaps down the road when this case is reviewed.

The good news is he will fade in to the woodwork now in the General Pop (his lawyer argued how hard that will be for him after 18 years of "protection" on death row...awww poor baby now will have to deal with all those OTHER violent people being mean to him). To that I say "careful what you ask for--you put him there!". His lawyer will now move on to the next "victim" on death row and we will be able to forget, at least, about THIS one. His brother is nearing the end of his appeals and execution is a looming possibility for him...at least in the next 50 years! :rolleyes:

Here's my Victim Impact statement for those interested. Thanks for following this case...it's important to know the preposterous ways our tax dollars get spent for VIOLENT CRIMINALS in our society. In addition to supporting them for 18 years on Death Row, this hearing alone cost tax payers in excess of 10 million dollars. TEN MILLION DOLLARS spent on this violent murderer from another country. We should all be outraged.

Victim Impact Statement 7/22/09

Kathy Monkman

Why have I chosen to take time out of my busy schedule once again to drive to Florence to give this impact statement ? I ask myself the same question as I honestly don’t think anything I have to say will make much difference or cause much impact toward the decision on resentencing this defendant but the question always is “can I live with myself if certain decisions are made and know I’ve said nothing?”. So , here I am with a few things to say.

I don’t intend to get in to the impact this crime itself has had on me personally or on my family. Partly because I don’t think it’s necessary at this stage and partly because I think it could potentially do more harm than good. I’ll let you fill in the blanks on how losing your only sister/ your oldest daughter on the day before Christmas impacts on a family. To a vicious senseless murder for money.

I will tell you the impact of this particular hearing and decision over the last several years has had and has the potential to have on me and my family.

When the men who murdered my sister in this cold blooded plot were sentenced to death, we were told there were two options in the State of AZ—Life with the possibility of parole in 25 years and Death which meant they would never get out of prison. Of course, no matter how we might have felt politically about the death penalty, we knew these were young men and would still be as violent and dangerous in 25 years , perhaps more so and the Death Penalty was the only sentence that insured the public’s and our safety from them forever. We were warned that in time, the tables would turn, the victim would be forgotten and the murderers would be seen as victims. Well that time has come. Over 20 years after the loss of my sister. It’s still hard to fathom but it’s the absolute reality now.

I am here to remind the court who the true victim of this crime was, and still is. It was my sister Cindy who was my only sister, 14 months older than me, who’s life was taken for one motive: money. On the day before we were to fly home for Christmas on Christmas eve 1988. I was 29 years old and she was 30. We grew up together with each other to lean on as we lost our mother at a very young age. She was kind and truly an innocent and the defense in both trials could produce no evidence about her in a derogatory way—there simply was none. She was like a lamb to slaughter with the men who murdered her—Rudi and Michael Apelt.
The victim was not and still is not the man, Rudi Apelt, who is being resentenced today. The man who wielded the knife that slashed Cindy’s throat from ear to ear leaving her to be discovered by a young boy in the desert on Christmas Eve.. Rudi Apelt, who has served another prison sentence for a violent rape of another woman in Germany. Rudi Apelt who conned many women throughout the Phoenix area during the months prior to the murder of my sister for money, use of their car, a living situation in their home, procurement of goods, all of these actions performed ALONE and not in the presence of his brother or any other familiar person to him. All of these facts are clearly documented in the trial transcripts. He is a violent man, a repeat offender and took the life of my sister for money. I do not believe he demonstrates any signs of mental retardation in the commission of this crime—quite the contrary in fact. Sophisticated, calculated and cold blooded homicide are not adjectives I would ascribe to the mentally retarded.

I am here also to tell you the impact that just this one hearing lasting several years has had on my family. My 78 year old father was required to testify and cancel a prepaid trip to China because the Court would not consider a 2 week postponement of the original hearing for this which he was required to testify at. This postponement was the one and only thing my family ever asked of this Court in the many YEARS leading up to this hearing and it was not granted. This was perhaps my father’s only opportunity to go to China for the rest of his lfe. Yet the defense in this case was granted delay after delay over a period of years causing me and my family to be inconvenienced, put plans on hold, prepare ourselves emotionally only to be told yet another delay for the defense for years upon years.

I opened my door one December day, 3 years go, ironically the same day I was planning to decorate my house for Christmas which you can imagine what a task that is for me year after year seeing my sister’s bloody body was discovered in the desert on Christmas Eve morning, only to find an advocate for Rudi Apelt misrepresenting herself to me and asking for my cooperation with this very issue—the mental retardation hearing. And this advocate bald faced lied to me in my own home assuring me that this murderer, if reversed in sentence, would be resentenced to life WITHOUT parole. Yes of course she knew this was impossible due to sentencing guidelines yet chose to manipulate me in this way. What did I or my family ever do to deserve this kind of treatment? Laws have been changed now to disallow the abuse of victims in this manner in the State of AZ because of this heinous situation I endured.

My father and I endured sitting in a courtroom often being the only representatives on the side of the State while onlookers filled the side of the defendant hoping obviously to glean some kind of clues for arguing their murderer clients were also mentally retarded to avoid the ultimate penalty.

I have personally learned that in addition to the tides of sympathy swinging away from the murder victim to the murderer over the years that the “worst of the worst” in our society, once on Death Row, receive the “best of the best” when it comes to legal assistance. I am convinced that a death row inmate has a greater chance of being released from prison than a “lifer” serving a term for a nonviolent crime. Simply because more people care about those on Death Row. The murderers also receive free websites which read like singles ads soliciting donations, penpals, wives and the like. When the “serial shooter” claimed to desire the death penalty in his sentencing hearing this year, I completely understood what was motivating him-and it most certainly wasn’t a possibility of execution.

My one consolation with this preposterous ruling/resentencing is that finally Rudi Apelt will receive what he deserves. Which is to be forgotten, finally. I have no doubt that those helping so fervently over the years will drop him like a hot potato once he no longer holds the prestige of Death Row status and he will fade in to the woodwork with all the other violent common criminals in the general population. Until of course we are asked to appear at parole hearings. Then we will be forced to remember him and his violence once again. When do we ever get to let this go? Do we?

Finally, I did not come all the way down here with any delusions that my words would have any true impact whatsoever on the outcome of this hearing. Biases have been shown throughout and I hold no fantasies that my family’s feelings and wishes will fall in to consideration. Yet let it be known, we all have a certain degree of terror at the thought of Rudi Apelt ever being released from prison due to a possible switch to concurrent sentences where he could have the possibility of actually being paroled. Yes that terrifies my family and me personally. This again is the man who took my sister in to the desert, and among other violent acts, slit her throat. Then enjoyed a celebratory meal with his co murderer/conspirators at a restaurant using her credit card right after commiting the murder. Call it what you want, but I call that nothing but a DANGER TO SOCIETY. His sentences, at the very least, need to remain CONSECUTIVE to protect society from his violence. Call him mentally retarded, call him an imbecile, call him an idiot savant, whatever you wish. But call his behavior what it has been : VIOLENT and DANGEROUS.

The reason I did come though is in hopes that down the road, whatever decision is reached as a result of this resentencing hearing is REVIEWED by hopefully a non biased individual who has no political agenda at stake. Then that a sound decision will be made then that will prohibit this dangerous individual Rudi Apelt from ever being released from prison again. And to allow me and my family to finally move forward without ever having to worry about him again. And to hopefully get to begin to live a life where we get to focus on remembering my sister’s life and not her violent death.
 
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