GUILTY NY - Prince Joshua Avitto, 6, stabbed to death in NYC elevator, 12 June 2014

[wendiesan]

It looks as though DSH is going for a psych defence, and PJ's father, Nicholas Avitto, thinks that whatever defence is chosen, DSH will likely never return to society.

“...there are inmates who have kids, nephews, cousins, babies. They don’t tolerate that. Same thing at the mental institution. They have people there playing insane, but they’re sane, and they don’t tolerate child killers either.”

http://nypost.com/2014/06/16/accused-brooklyn-ripper-shaved-head-to-elude-cops/

 

[wendiesan]

In this article, Mikayla Capers' great-grandmother describes how Mikayla Capers is coping with the aftermath of the attack by DSH. Apparently the family is trying to move in part because people (media? the curious? well wishers?) are making their lives more difficult.

“She is a victim. Please stop knocking on the door. You wouldn’t treat a rape victim like that. She is very fragile right now,” Trevathan said.

http://nypost.com/2014/06/14/child-victim-of-accused-brooklyn-ripper-learning-to-smile/

 

[wendiesan]

PJ's mom thinks that survivor guilt is behind Mikayla's refusal to see or talk to her.

“She probably shut down because she was there with him and she made it out, so why didn’t her best friend made it out? That has to be what that baby is thinking.”

http://nypost.com/2014/06/12/brooklyn-ripper-survivor-cant-bear-to-see-slain-friends-family/

 

[OkieGranny]

http://pix11.com/2014/07/02/family-of-brooklyn-stabbing-victims-confront-suspect-daniel-st-hubert-in-court/

Accused child killer Daniel St. Hubert returned to court Wednesday. It was the first time that relatives of victims PJ Avitto and Mikayla Capers came face-to-face with St. Hubert.

The hearing took less than five minutes, enough time for St. Hubert’s attorney to enter a not guilty plea. St. Hubert is charged with second-degree murder, second-degree attempted murder and first-degree assault, as well as weapons and graffiti charges...

Avitto’s mother said, “We have to do something about this, we can’t let these people out of jail. I understand that their time is up, but there has to be something in place for these people to go to instead of walking the street and killing people’s kids.”

 

[wendiesan]

The Times article adds more details about the hearing.

Edward Friedman, his lawyer, said after the hearing that he was considering pursuing a psychiatric defense for Mr. St. Hubert. Mr. Friedman also raised the question of whether Mr. St. Hubert was mentally competent to stand trial.

It must be so difficult for PJ's family to maintain courtroom decorum in the presence of their son's alleged murderer. JMO, but this case should cause a bright light to shine on the conditions of release for prisoners who may be dangerous to the community.

http://www.nytimes.com/2014/07/03/n...boy-6-in-elevator-pleads-not-guilty.html?_r=0

 

[Blondie in Spokane]

Slain elevator boy’s kin rage at accused killer’s lawyer

http://nypost.com/2014/08/08/slain-elevator-boys-kin-rage-at-accused-killers-lawyer/

 

[wendiesan]

Slain elevator boy’s kin rage at accused killer’s lawyer

http://nypost.com/2014/08/08/slain-elevator-boys-kin-rage-at-accused-killers-lawyer/

Thanks for posting this Blondie.

I had just seen this before checking your post on this thread.

“The defendant has been found fit,” Justice Neil Firetog said, and ordered the reports sealed from public viewing. St. Hubert is cleared to participate in the legal proceedings, but defense lawyer Edward Friedman said he may still argue that his client was insane at the time of the unprovoked attacks at the Boulevard Houses in East New York.

http://www.nydailynews.com/new-york/nyc-crime/daniel-st-hubert-found-fit-trial-article-1.1896738

Of course St. Hubert's attorney is considering an insanity defence, he has to look at every possibility or DSH could claim that he had poor representation, and should have his sentence overturned and a new trial. So, in a way, the attorney is right. The success of such a defence is far from being assured, thank goodness. If anyone deserved to be named a habitual or dangerous offender and receive an indefinite sentence, it's DSH.

The madman accused of savagely stabbing two little kids in Brooklyn told cops, “I think I need a lawyer,” new court papers reveal – raising the possibility that he understands the process well enough to preclude an insanity defense.

http://nypost.com/2014/07/02/brooklyn-ripper-told-cops-satan-controls-things-court-docs/

On the other hand, even knowing how important the defence could be, I'd don't think I would be able to be silent if I was related to Tanaya Copeland or Prince Joshua Avitto or Mikayla Capers. (Or even the poor homeless man DSH allegedly assaulted at a subway station.) And I'd be furious with the authorities that put him on the street from the psychiatrist who said he was fit to leave prison to the parole system that couldn't see him as extremely dangerous.

DSH is a dangerous offender who, IMO, may never be able to be anything other than a threat to any community in which he lives.

My heart goes out to the families who have lost their beautiful children and all the dreams for a future filled with adventure and accomplishment that they imagined lay ahead. My sympathies to DSH's sister who repeatedly warned authorities about her brother, and who was ignored.

 

[nightwatch]

These families have to live the painful legal process and then to see the defense Atty standing there giving interviews, easy to understand how one could take out frustration this way.

Here is an article on the tarloff case imo very interesting read because it talks about proving insanity in NY state. Jmo


http://www.nytimes.com/2013/04/04/n...nse-will-work-for-tarloff.html?pagewanted=all

ciao

 

[Blondie in Spokane]

www.dailymail.co.uk/news/article-27...appears-public-time-attack-killed-friend.html

Pictured: Brave girl who survived savage elevator stabbing appears in public for the first time since attack that killed her friend

 

[Rayemonde]

February 2015:

A Brooklyn dad who garnered citywide sympathy after his son was murdered by a knife-wielding maniac fell from grace Wednesday after he was accused of robbing a local bank.

Nicholas Avitto and his brother, Scott, pulled off the heist two years before 6-year-old Prince Joshua (P.J.) Avitto was killed last June at the Boulevard Houses, the FBI charged.

http://m.nydailynews.com/new-york/n...uncle-arrested-bank-robbery-article-1.2120508

 

[wendiesan]

How sad this is. Thanks for keeping us informed, Rayemonde.

 

[JerseyGirl]

Prosecutors announced that the long-delayed trial for Daniel St. Hubert on murder and attempted murder charges is slated to start March 1.

St. Hubert, 30, has been held without bail on Rikers Island since 2014 for allegedly stabbing 6-year-old P.J. Avitto 16 times, killing him, and seriously wounding 10-year-old Mikayla Capers.

http://www.nydailynews.com/new-york...abber-finally-trial-3-years-article-1.3749294

St. Hubert was found fit for trial twice, fired two court-appointed attorneys and retained Greenberg in March.

It’s unclear whether St. Hubert will have a jury trial or request for Brooklyn Supreme Court Justice Vincent DelGiudice to preside over the case.

 

[JerseyGirl]

Accused “Brooklyn Ripper” Daniel St. Hubert went on trial Wednesday for a grisly elevator slashing that left a boy dead and a girl clinging to life — and he still insisted he didn’t do it despite a wealth of seemingly incriminating evidence.

Testimony continues Thursday (today).

https://nypost.com/2018/03/14/accused-brooklyn-ripper-says-it-wasnt-him-as-trial-begins/

 

[JerseyGirl]

The jurors, who will be on a break, will not begin deliberations until April 9.

https://www.nytimes.com/2018/03/30/nyregion/brooklyn-childs-murder-elevator.html

 

[JerseyGirl]

A Brooklyn jury on Monday began deliberations.

The jurors started out requesting a video of suspect Daniel St. Hubert coming and going from the homeless shelter where he was living on June 1, 2014, when the attack occurred.

Their other three notes sent out over the course of the day included requests for information about when the murder weapon was tested for DNA. It had St. Hubert’s genetic material on it.

They also asked for testimony from survivor Mikayla Capers, now 11, and about how St. Hubert was ID’d in a lineup.

https://nypost.com/2018/04/09/deliberations-begin-in-brooklyn-ripper-murder-trial/

 

[JerseyGirl]

Daniel St. Hubert was found guilty on murder and attempted murder charges. St. Hubert is slated to be sentenced next month, and faces 50 years to life behind bars.

http://www.ny1.com/nyc/all-boroughs/news/2018/04/10/verdict-in-stabbing-of-two-children-in-brooklyn

 

[JerseyGirl]

Lawyer of man convicted of stabbing two kids wants new trial over DA’s ‘derogative’ race talk to sway jury

http://www.nydailynews.com/new-york...ted-stabbing-kids-new-trial-article-1.3962742

 

[Harmony 2]

Homeless man falls asleep as he's sentenced to 50 years for stabbing 6-year-old Brooklyn boy to death - NY Daily News

 

[Harmony 2]

Daniel St. Hubert sentenced for fatal 2014 elevator stabbing

 

[Harmony 2]