websleuth’s podcast

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Tricia Griffith invited me to be her guest on her podcast last night to talk about the parole hearing I just participated in.

It went in to so many directions, from the beginning to now. That two hours just flew by.

As I said to my husband, people like me are living with these traumas on the inside all the time. Sometimes it’s cathartic to take them to the outside (and get the support that’s there–there were over 100 people listening live last night and chatting along–it was very much appreciated).

Here is the Youtube link if you’d like to take a listen:

from death row to parole

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My beautiful sister Cindy, never far from my thoughts

 

First off, I want to thank everyone who followed along with the parole hearing/Cindy’s birthday yesterday and offered support–here, Facebook, privately. It sure meant a lot to not have to go through that by myself.

I’m going to document how things went yesterday as the hearing was quite different and I learned some new things. I will say that I was shaking from the moment I woke up. That doesn’t really make sense as I’ve spoken to this Board in person and they were very welcoming and non-threatening. I didn’t fear that he would actually be granted parole, so not sure why I was so anxious. I’m sure many of you out there reading, who have gone through loss and tragedy, understand that often the process is not linear or predictable. One minute you’re fine, then the next struck down again. Hopefully those down moments become less severe and less frequent over time–that has been the case with me– yet they can often be completely blindsiding.

For those unfamiliar with our case, a little background. There is a pretty well detailed comprehensive story focusing on the insurance angle of Cindy’s murder here: When Underwriters Become Undertakers. It was written back in the 90’s when all that part happened–when we sued the insurance companies I mean. It’s good for people to know this can happen, aided and abetted by greedy insurance brokers.

Both of the killers were convicted of First Degree Murder and Conspiracy to commit murder. The sentences were Death and Life WITHOUT parole in that order. Our amazing prosecutor Cathy Hughes was adamant about securing both convictions/sentences, warning us that things can change over time so you want to have every safeguard that they will never be released. I remember thinking that was extreme at the time, but it sure turned out to be frighteningly correct.

Michael and Rudi Apelt were tried and sentenced in 1990/91. Twelve years later, the Supreme Court ruled that people with mental incapacities could not be subjected to the death penalty–called the Atkins ruling. Of course, our family agrees with this, especially considering my father is a Psychologist who worked at length with that population.

There is a lot of legal support for death row inmates. Some lawyers make it their entire career–attempting to free them on every and any technicality. It can be a nice financially rewarding career for them as most death row inmates remain on the row, not receiving their sentences but appealing, for decades. Hundreds of millions of taxpayer dollars are spent fighting to get our “worst of the worst” reduced sentences or released from prison. It’s a pretty comfortable and lucrative gig for many attorneys. I’ve said before, the worst of the worst of our society receive the best of the best legal assistance–at our expense. I know this intimately. It was estimated that among other lengthy and costly expenses keeping these killers on death row, this one hearing I’m about to tell you about cost around 10 million TAXPAYER dollars. Let that sink in. TEN MILLION dollars that you and I spent, not at our discretion, trying to free two German sociopaths who never paid a dime in to American tax coffers, from their sentences.

Michael Apelt, Rudi Apelt and their accomplice Anke Dorn as they looked at the time of the murder.

 

A group began launching an appeal for the Apelts shortly after the Atkins ruling. I really didn’t take it seriously at first. I mean if you read the article above and/or know the facts of the case, you know that these men were very sophisticated con men– uneducated– but successful in manipulation. Beyond my sister, who they conned away her very life, they fooled luxury car dealers, custom home builders/realtors, boat sellers, Rolex watch dealers, insurance salesmen and countless women that they were anything from wealthy financiers to computer experts to professional athletes to pilots. All of this was presented in court with all of those people testifying.

This was in one season in Phoenix alone. Their histories show dozens of arrests in Germany for fraudulent schemes, rape, prostitution, theft, burglary, arson. This was all before either of them turned 27. Their bravado in pulling off the scheme to murder Cindy for life insurance was well founded–they had been getting away with these kinds of crimes for years–in fact most of their lives. They stole and sold the rental car they used to drive to the Paris airport to even get to the US to begin their killing spree for money.

So, how that all could be computed in to “mental retardation” was unfathomable. And terrifying ultimately, as this seven year long process to go to trial wore on. It was being taken very seriously. Especially by the Judge who oversaw it and came out of retirement to complete it.

Silvia Arellano

 

Silvia Arellano was the Judge involved and the only finder of fact. There was no fair and impartial jury as in the original trials–just her. Over time, with her rulings alone, it became clear she was not just being fair to the murderers, she was holding bias toward them. So much so, that the AZ Attorney General’s office took it to the AZ Supreme Court to have her recused for bias. I don’t know if we will ever know where her bias toward these murderers originated, but my guess based on other hunches, was that she decided she was against the death penalty, so wanted to end her career by taking someone off death row. And she did just that. We did not prevail with the Supreme Court and she remained on this “mental retardation” case until the very end.

An example of her leanings toward them, was a ruling ordering our original prosecutor Cathy Hughes off the case, who came out of her own retirement to steer the ship for the State. You see, our original prosecutor who had also been fighting and prepping for this trial for SEVEN YEARS like those defending the brothers (yes, they were trying to deem them both “mentally retarded”), was moved to another division and just as the trial was beginning, literally weeks away. We ended up with a new prosecutor in the AG’s office who had to get up to speed on the last SEVEN YEARS in just over a month. Cathy was scared. This new lawyer also had a husband at home dying of cancer–she was distracted and frankly, it showed. On their side was a team of lawyers and their assistants and big money backing them–not to mention every anti-death penalty group around. On our side was a new prosecutor, my Dad and me and our advocates.

The inimitable Cathy Hughes, one of the best people I will ever know.

 

She decided that since Cathy Hughes had become friendly with our family and had vacationed at our beach house in the past, this was grounds for removal. Luckily, those higher up when her decision was appealed, did not agree with her and Cathy was allowed (pro-bono, mind you) back on the case. It was clear that Silvia Arellano was simply trying to sabotage any chance the State had for upholding these sentences. She paved the way every single way she could.

The clearest example of her bias, was her decision to disallow any and all information in the trial about the Apelts beyond their ages of 18. Meaning, she ruled that anything and everything related to their CRIMES or their adult behavior (the other criminal histories in Germany) was disallowed in making her decision for their sentencing for those crimes. She literally set the entire thing up where she could only consider anything related to their early lives that could be stretched or interpreted in to “mental retardation” to decide what their sentences would be. It was just one hit after another with her and to this day, she disgusts me after putting us through that. Putting my elderly father through all that who sat in court every day of that hearing, enduring her ass-kissing of these killers.

A picture of Cindy and I to clear the palette

 

You may wonder why the prospect of these men being released from death was so impactful. We really weren’t attached to, nor anticipating their execution. You can’t live like that as there is like a 1% likelihood that will ever happen. But since their other sentence option was life WITH parole (there was no life WITHOUT parole sentence in 1990-but there is now), and they were both sentenced while in their 20’s, then there was a real option they could go from death row to the streets in about five years if they were granted parole. It was horrifying.

There were so many assaults and intrusions to our family during and around that hearing–it made the original trials look like preschool.

Rudi Apelt

 

In the end, Arellano ruled that Rudi Apelt was indeed “mentally retarded” and would be released from death row. She ruled against Michael. I guess she fulfilled her life dream of releasing a person from death row and that was enough. Then we faced the next hurdle.

Rudi’s defense team didn’t find that win quite enough, and since they had the entire deck stacked on their side, they decided to take it the distance.

Remember, he has now two sentences that were running consecutively–life WITH parole in 25 years, that rolled over in to that same sentence again. In essence, secured in prison for 50 years. But no, that wouldn’t do, so they argued for Arrellano to convert those sentences to CONCURRENT–meaning he would be serving both at the same time. This also meant that he would be not only removed from death row and in to the General population, but he would be up for release in five short years from the time this decision was made. Right back to the streets to continue his life of conning, murdering and raping women (did I mention he had served five years in Germany for a violent gang rape? Yeah, that was disallowed for consideration in her “mental retardation” decision too).

I had had it with her. I knew she would rule in his favor like she had done all along. I knew it was going concurrent and that we would just have to hope the Parole Board would never let him out. I had no more fight in me against this heinous Judge.

The night before that re-sentencing hearing, I was at the American Idol concert (yes I did get to see Adam Lambert perform :D) at got a text from my victim’s rights attorney–the one I had to get during the mental retardation trial after my rights got terribly trampled on by their side sending someone to my home unannounced, but that’s another story (she changed the law so they can never do that again to another victim). Anyway, she asked if I was planning to attend. I said no. She wrote back “I think you need to be there”.

So, once again, I stayed up until 2am writing another impact statement which you can read here. I drove through the desert alone to Florence where the original trials were held, sat with my attorney alone on our side watching his filling up with lookie-loos interested in how to get their killers off death row. I saw Rudi in person for the first time in 18 years. By the way, neither of them attended the mental retardation trial. I guess their attorneys thought they might not look the part well enough and bias the Judge to who they really are vs. who they wanted to pretend they are.

As they looked when we met them in 1988.

 

His attorney started the process by turning around and addressing me personally, offering a weak “apology” for all they had put my family through, that it wasn’t personal, blah blah. I held my head straight, did not indicate accepting of it as I knew he was trying to soften me. He likely thought I wasn’t attending this final re-sentencing and I was the only person really there to make an impact for our side (aka Justice). I’m a Scorpio–those tactics actually backfire on me. It just gave me more strength to say what I had to.

mugshots from around the time of the mental retardation trial

I gave my impact statement about 8 feet away from Arellano and confronted her bias in it–telling her that I did not expect my words to fall on her deaf ears as her bias was fully out there. But hoping that my words would help someone down the road who reviews her decision on appeal, make a more fair and considered decision.

The most poignant moment of that for me was when I got to the part where I described how my Dad and I usually sat alone on the side of the State, while the side of the killers was packed with onlookers hoping for hints to argue leniency for their murderer clients. Then I looked up to that exact scene–my attorney sitting alone behind the prosecutor and rows of suits behind the murderer–the man who slit Cindy’s throat. I raised my hand and moved it left to right, Carol Merrill-style, and improvised “exactly what I’m seeing right here”. I hope I made at least one person question the presence of their own ass in that seat–on the side of evil.

 

 

Shortly after I spoke, Arrellano broke, then returned and delivered her decision.

Miraculously, she ruled that his sentences would remain consecutive. Our backup sentence stayed in place. It was the one and only win we enjoyed in this entire battle.

The Assistant AG took me in a side room after it was over and we all were shaking our heads in disbelief. No one expected this outcome.

This was an entirely new attorney on the case by that time (lots of turnover in the AG’s office at the time), but he was clearly on the same page we were, and had been appraised of the bias against us. He said to me “that was all you” about my statement.

That was at one time gratifying to know my words had potentially made an impact, but at the same time my own life sentence. I knew then and there, that I would have to keep speaking up. That there was no real “letting go” of this whole process without dire consequences.

Which leads me up to yesterday’s parole hearing.

I’ll write that in a separate post as this one has gone on too long as it is and is a lot to digest.

So stay tuned. I’ll have it completed today, I promise.

Thanks for being out there, caring and reading.

Dear Marian

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Dear Marian,

Like you, I hesistate to address you on my blog, likely for different reasons that you hestitated addressing me. I’m sensing that you likely considered how inappropriate it would be for you to come to my “home” here, and say the things you did. My hesitation, though, is more about giving you more attention than what you are seeking for yourself. So, let me be clear. I am using you as an example. I am addressing you for the sole purpose of allowing my other readers to see what the aftermath of the death penalty is really about for families of victims. So,  your contribution is valuable.

For those who missed it, Marian made a comment on the blog here, related to a post I shared about the True Conviction show airing. In fact, on that particular post, I wrote specifically, about how the show was so healing for me to participate in, which it was. The very act of making me go through photographs and memories, opened some doors in my heart that I had been afraid of knocking on for some time. The way I was treated by the entire production team, including Anna Sigga Niccolazzi, was so respectful. And I guess on some level, after all this time, it just feels good to know people still care about Cindy. I don’t know if you even read the post you replied to Marian, but that makes your comment even more bizarre.

Here is Marian’s comment to me:

MARIAN VEENKER
Kathy, I am not sure if I should leave a reply here, but the case is near to my heart as I have been writing with Michael for 2 years now. I don’t know if he did the crime or not. All I know that he wholly believes in his innocence and that he has been treated very badly in the American prisons. Even Amnesty has made a report about it. He has been in solitariy confinement for over 25 years. If he was ever guilty he has had his punishment. Each person deserves forgiveness.
Of course I cannot or ever will be able to understand your pain and anger. All I know is that forgivess is the best healer. I wish you strength and courage and above all healing.
Marian

And this was my reply back to her, yesterday:

Marian, I do understand that there is a culture of people (usually women) who feel the need to write murderers in prison and feel sympathy for them. Some even marry sociopaths like Michael Apelt (one already did then divorced him as I understand). I do understand this phenomenon and like you cannot understand my pain, I certainly cannot understand your motivation for this attempt to save a murderer. Yet I would not ever take it upon myself to attempt to “school” you on how you, a stranger, chooses to live their life.

Michael Apelt, wearing the same European -made, size 15 Reebok tennis shoe (you do know he’s 6 foot 7 , so has an unusually large foot), stood on my sister’s face while she was still alive, leaving his foot print behind as a bruise. I guess you might think there would be another man, who purchased a unique European Reebok tennis shoe with this exact same print, who would have had a motive to kill her and lie like Michael did about “ever wearing tennis shoes because they made his feet stink”, who committed this murder. Guess that didn’t work out too well, when a photograph was discovered still in my sister’s camera, of him posing wearing those exact European made Reebok tennis shoes, of the same large size. Maybe you saw this photo on True Conviction. It was real. The jury who convicted him saw it blown up as poster sized in the courtroom. Of course he disposed of the bloody shoes, as he did his clothing, according to his other accomplice Anke Dorn.

Or a man who commandeered the car Michael was known to be driving out there in the desert that night, destroy the tires, then have those destroyed tires recovered which matched the tire tracks at the scene. I could go on and on but perhaps you would like to purchase and read the book I’m writing on the case when it comes out.

In the meantime, maybe you’d like to contact his appellate lawyers who have already admitted he committed the murder (and conspiracy) yet claim he was “mentally retarded” at the time.
Or you could choose to believe this con artist, because it seems you get something out of it.
But surely, we can both agree, that I’m not going to join you in your confusion. Keep reading, hopefully, you will learn something.

Now, this morning, I realized I have a few more things to say.

Marian, you are not the first person to barge in to my life with this kind of inappropriate and disrespectful intrusion. Several years ago, during the lengthy, expensive (ten million plus AMERICAN TAX PAYER dollars) appeal hearing to determine whether your boyfriend is mentally retarded or not, I got a knock on my door in early December. It was unusually cold for an Arizona day, so I looked at the shivering, friendly faced female standing on my doorstep holding an official looking lawyerly business card, asking about our case and invited her in. Surely, she had shown up on my doorstep uninvited and unannounced (just like you did Marian), with some kind of need to talk to me about my involvement in our case, from our side.

Shortly after this woman took a seat in my living room–my living room strewn with boxes of Christmas decorations I had just pulled out in my yearly agonizing set of decisions of whether to decorate for Christmas or not (you do remember Michael Apelt slaughtered my sister in the desert two days before Christmas, I’m sure)–I realized something was amiss. She was talking to me about sympathy for this man who had conned and destroyed the most important person in my life. Sympathy. Right around the anniversary of her murder. Kind of like you Marian. But you decided to confront me like that during another vulnerable time–right at the time the show aired displaying my grief for the world to see. Even to people like you, all the way across the globe. You saw my agony and grief and chose that to be your moment to strike, didn’t you? Just like that woman who showed up in my home. Your strategic timing, like hers, speaks volumes.

Once I figured out her motive–to try and glean my assistance for this ridiculous mental retardation hearing, I kicked her out of my home. Not before she was reduced to tears though. Maybe she had a brief moment of clarity when she saw a true victim.

Now Marian, unlike you, she was not questioning his guilt. She realized that he did commit the murder. That he did take my sister Cindy out to the desert that cold, dark night with promises of a new home “surprise” he was showing her. Instead, his brother laid in wait with a knife. That woman knew he did it, unlike you. But she thought he might be “mentally retarded”, so should be given leniency.

Let me ask you this. You think Michael Apelt has been treated poorly in our system. What do you think of the millions of dollars in legal assistance he has received at American taxpayer expense? Let me say it again: MILLIONS OF AMERICAN DOLLARS to defend him. I’m not talking about housing and food and medical care — I’m strictly talking about defense. Do you find that unfair?

Now, let me do a small amount of education for you about the man you seem so interested in believing, in terms of his “belief” in his own innocence.

Maybe you’d like to do some more digging in to his past and his lengthy rap sheet from Germany. The one that includes burglary, theft, insurance fraud, and prostitution. There is more but you get the drift. Let’s not forget, he was 25 when he slaughtered my sister in the desert, so his German crimes were committed from his teens to his early 20’s.

Do you know that, oh, about 7 other women came forward who he was conning and stealing from at the same time he married and was plotting to murder my sister? He stole money and checks from their purses and in one scheme, convinced one of them that he was dead so his brother could get money from her for his funeral. Yeah, he even sent a telegram to his brother, from the grave. I think they got a couple thousand from that lady. Then there were the Rolex dealers, all of the luxury car dealers in Phoenix and a custom home builder who came to court telling tales of these tall German brothers who had convinced them they were anything from professional athletes to pilots. Everyone believed them, they were that good. They were pre-spending the life insurance on Cindy, while she was alive and making the money they were stealing.

Then, finally, you might be interested in the copycat murder plot Michael Apelt cooked up in the jail before he was convicted. Yeah, that other inmate brought notes Michael had made, including maps, detailing how he should murder his own wife and make it look identical to how he had killed my sister, so it could throw off the trial thinking there was a copycat serial killer out there. I’ve seen those notes he wrote. He wanted another woman to be viciously taken from her loved ones to help free him–he promised his brother in another note I’ve seen that they would be out of jail soon because of his plot. He still thought he would be receiving that $400K of life insurance from Cindy and would pay this man from that.

Those are just a very few details that will be covered in the book I”m writing. You see, unlike you, I’ve read every single word about our case from police reports (including old ones from Germany), interviews (including with your boyfriend), testimony (including Michael’s which I sat through) and autopsy reports. I have all of the information which I will be sharing, including my sister’s own diary so you can understand better how she was conned by this man you so want to champion.

So, thank you for allowing me to educate people further on the aftermath of the death penalty for families. There are people, like you, laying in wait to torture us with your own twisted agendas, even nearly 30 years after the fact. 

I will end with a few pictures of my sister for you. The one your penpal stepped on the face of while his brother cut her throat. This is who she was in life. She was my everything, and the only victim here. Don’t get it twisted.

True Conviction — Investigation Discovery

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cindywells

Investigation Discovery Network is premiering a new show this month called True Conviction. The host is a former Brooklyn prosecutor named Anna Sigga Nicolazzi who had a 100% conviction rate. Her emphasis is going around the country, finding prosecutors’ most challenging cases and detailing all involved in obtaining a successful conviction.

My sister, Cindy’s case, is one they are highlighting in this six part series. They are doing a full one hour show on it. I was contacted out of the blue last Fall by a producer, who had stumbled upon our case in some Newspaper site. Kind of impeccable timing as I’ve been diving back in to it for the last three years, working on my book about it. I had so much information that they needed at my fingertips–records, photos, etc.

Yet, rummaging through all my stuff, allowed me to find more photos and even an audiotape from Cindy that I had not seen in decades. It was a bittersweet, but mostly healing  journey for me, and I’m glad I did it. The producers, show runner, crew and Anna Sigga herself treated me with such delicate respect. They also flew my husband John, out to AZ to be with me the entire time (and boy did I need him, even just for logistical things but mainly the moral support).

I was filmed in my car with Go-pro’s all installed and on top of a mountain in an outdoor set they created just for my interview. There were hugs and tears throughout the small crowd.

I also got to reconnect with some of the Detectives involved. The timing of that was perfect as well, because they got to see the end of the story with me--finally having found love and a stable, healthy marriage after all this time. It was so heartwarming all the way around.

Cindy’s killers, while on Death Row, have received so much attention (and financial support) all of these years. The spotlight definitely turned on to them as “victims”, vs. my sister. It’s been a nauseating and frustrating process to have to be involved with, say the least. How refreshing to be involved in a show that is 100% focused on the prosecution, giving them zero platform. And, most importantly, our amazing, never to be forgotten, prosecutor, Cathy Hughes who is the HERO of this entire story. It really is about her, a story long overdue. I cannot ever, EVER say enough good things about Cathy Hughes, one of the best, most amazing humans I have ever known.

I recently got a confirmation on the date the show will be aired: Tues. February 13 at 10pm EST. Investigation Discovery channel. Again, the name is True Conviction.

Here is a blurb I found:

https://www.broadwayworld.com/bwwtv/article/Investigation-Discovery-Presents-Sneak-Peek-at-New-Series-TRUE-CONVICTION-11-20171229

“Deception in the Desert” premieres Tuesday, February 13 at 10/9c
An unidentified young woman is found murdered in the Arizona desert on Christmas Eve, 1988. Detectives soon learned her name, Cindy Monkman Apelt, who was reported missing by her husband the night prior. As investigators painstakingly piece together an account of Cindy’s final hours, they move closer and closer to revealing her killer. Prosecutor Anna-Sigga Nicolazzi revisits the shocking crime with the detectives and state attorney who solved the case and ultimately won justice for Cindy’s family

I plan on doing some kind of Live Facebook Q & A after the show sometime. Not immediately after, but maybe the next day. I know there will be many unanswered questions, so I will do that in that format if you want to participate. I’ll let you know more details closer to the time.

Thanks for the support guys.