AZ - New developments in the Cindy Monkman Apelt case

[Anita Richman]

My thoughts and prayers are with your family.

At this link is another case that has been dragged out over the years. Rather than "mental retardation" the judge overturned the original ruling because they didn't address his horrible upbringing at the original trial.
http://www.mtdemocrat.com/articles/2007/04/26/news/page_one/m4267_n2.txt

Thanks for sharing, Nancy.

 

[Anita Richman]

So Katie..what is this judge's story? Why is she being so "helpful" what's going on behind the scenes?

Hey JBean! :blowkiss: Obviously I am NOT Katiecool, but I think I can answer your question as well as it is understood. Judge Arrellano is biased towards the defense, plain and simple. I have friends in Tucson who claim that she's one of the most defense oriented judges on the bench in the state of Arizona.

She's an intelligent person, well educated. She knows everything this murdering pair did before they met Cindy, she knows the preparations they made before, during and after the murder and the subsequent attempts at covering their tracks. She is well aware of their behavior since being in prison and their escape attempts. Yet she has allowed (at every turn) this ridiculous argument.

I personally think this goes beyond a person MERELY being against the death penalty. She has made fallacious rulings and acted inappropriately and unethically. She is on the road to freeing these killers in less than 10 years; I believe she is looking to make a name for herself in some way. I hope the AZ Supreme Court recuses her and puts a REAL judge on the case. I will definitely (regardless of the end result of these hearings) be working actively to remove her from the bench come election time.:furious:

 

[katiecoolady]

So Katie..what is this judge's story? Why is she being so "helpful" what's going on behind the scenes?

Anita is correct in what she posted. We just know, obviously, that this Judge is highly biased toward supporting the murderers and their defenders. Why, is anybody's guess.

 

[natasha-cupcake]

KCL, I want you to know that I had a dream about you two weeks ago. I hadn't seen your posts here for a while and I was wondering how you were doing because your story was one that really touched me deeply. In my dream, you were crying, and now I know why. In the dream, I came over and gave you a hug. Here's another one....

I'm so sorry to hear that you and your family members are still being tormented by those evil, evil thugs. My prayers are with you and I certainly hope this judge grows a heart, clear eyes and a brain.

 

[packerdog]

Katie, sorry to hear this news. My thoughts and prayers to you and your family.

 

[Marstan]

I hope you receive some good news today, Katie. Prayers with you and your dad. The judge needs to be removed - permanently.

 

[SieSie]

Katie - so sorry for you and your family. Sending good wishes for the judge to be recused and these "men" to pay for their crimes. My thoughts and prayers are with you and yours.

 

[Pepper]

Katie, I don't know if you've seen my latest comment at the newspaper site, but the more I think about this, the angrier I get. I truly think you should spur a recall effort to have her removed from office for not abiding by her oath of office.

Give it some thought. The blitch judge must have some political enemies. Unite girl, and start fighting!!!

 

[katiecoolady]

Thank you everyone. I'll keep you posted on what goes down today. My Dad is basically waiting at home in Illinios to find out today if he flies out tomorrow for the hearing (we're hoping it gets postponed and the Judge gets kicked off the bench for this hearing..fingers crossed). Imagine being 76 years old, having done NOTHING wrong and having to undergo this kind of stress? Waiting on pins and needles moment by moment like this. My Dad didn't even know until two days ago if he should cancel his China trip as that motion was/is still pending with the Supreme Court as we speak! Getting her overturned on her unconstitutional ruling that she would not postpone this hearing so my father could attend/testify and not have to cancel his trip. Her ruling contradicts the Victims Bill of Rights which is in the Arizona Constitution. But does anybody care??? Where it counts? We'll see...
We'll probably hear on that too today but it's moot at this point because his tour left yesterday!

Oh and Pepper? I did note your use of the term "blitch". Thanks for the chuckle to begin my day. LOL

I have the day off and have to regroup here and do something fun. Thanks for all the support guys...I really appreciate it.

 

[katiecoolady]

I just learned that the AG's office and attorneys for the defense are meeting with a Supreme Court Justice today at 10:30 am. Please whoever reads this keep your fingers and toes crossed on this. My attorney was however NOT optimistic about this hearing. She said "they have so much momentum going now on this thing, I'm not sure this Justice will be able to stop it". Also this particular Justice is a very vocal death penalty oppositionist. Not that THAT should play in to a decision because they are arguing specific decisions Arellano has made BUT you know, everything gets political. With killers as pawns. That's the way it works now.

We also lost the other special action for a stay based on my Dad's rights as a victim. That just came in this morning. Sigh...

I feel like I did (but worse) in those moments that got me to go to the Scott Peterson trial...that the defense was wiping up the floor with the prosecution. Maybe I need to remember that and how that got turned all around.

I'll keep this thread updated...

 

[katiecoolady]

KCL, I want you to know that I had a dream about you two weeks ago. I hadn't seen your posts here for a while and I was wondering how you were doing because your story was one that really touched me deeply. In my dream, you were crying, and now I know why. In the dream, I came over and gave you a hug. Here's another one....

I'm so sorry to hear that you and your family members are still being tormented by those evil, evil thugs. My prayers are with you and I certainly hope this judge grows a heart, clear eyes and a brain.

That is really amazing natasha and really touches my heart. That you had a dream about me. It really does show me that we are all connected and there is goodness in the world. Maybe not in the legal system at times, but there is where it counts. I'm glad you shared that.

 

[katiecoolady]

And I'll keep your family in my thoughts - I'm sure everyone here will.

Thanks friend. Now I"m going to go out and blow my diet and just find some comfort food for breakfast somewhere. Catchyalata.

 

[PaperDoll]

Still praying Katie that this will end and good will come out it.. I'll pray for your dad as well... Enjoy your comfort food..

 

[katiecoolady]

Avoid phone stalkers!

http://www.mattsbigbreakfast.com/

LMAO!

 

[sweetnsonny]

Katie, I followed your posts closely during the Scott Peterson trial. I read about your sister later on. I've come to admire you and your strength. You and your family will be in my prayers.

Have you thought of sending an email to Nancy Grace? Some times she does a segment on Judges being "in contempt of court" for outrageous rulings.

 

[DaveZee]

Katie-

Keeping my fingers crossed for you and your family that this judge will be dismissed before she does any more damage. I also was wondering if the judges in AZ are appointed positions or elected.

Dave

 

[katiecoolady]

Well wish I had more of an update. I spent some time w/ Cathy, our former prosecutor who was recused, today. She apparently is going to testify for the defense FIRST on Monday and THEN they will decide if she can continue on with the case working for the AG's office. She doesnt' even really get it. And the special action is still on the table to recuse the Judge. No rulling on that yet even though the hearing apparently will begin on Monday in HER court. This remains baffling to all parties involved.

Judges are appointed for life unless voted OFF by elections every four years. Which has only happened like once in the last 20+ years. So I guess they have a good sense of job security.

So....we're still in a quandry about the direction this is gonna fly........

 

[JBean]

Well wish I had more of an update. I spent some time w/ Cathy, our former prosecutor who was recused, today. She apparently is going to testify for the defense FIRST on Monday and THEN they will decide if she can continue on with the case working for the AG's office. She doesnt' even really get it. And the special action is still on the table to recuse the Judge. No rulling on that yet even though the hearing apparently will begin on Monday in HER court. This remains baffling to all parties involved.

Judges are appointed for life unless voted OFF by elections every four years. Which has only happened like once in the last 20+ years. So I guess they have a good sense of job security.

So....we're still in a quandry about the direction this is gonna fly........

Why does the defense want to question her KCL?

 

[katiecoolady]

Why does the defense want to question her KCL?

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..........

 

[Buzz Mills]

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..........

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.