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:
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 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.
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.
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.
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.
“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.
I received word from one of my Victim Advocates yesterday that a parole hearing is to be held next Tuesday for Rudi Apelt. Rudi is the brother of the man Cindy married who assisted him with her murder for life insurance. He is actually the person who wielded the knife in the desert on the night of December 23, 1988, stabbing her multiple times and slashing her throat. This was proven in court by his own expert Vincent DiMaio. You can read about that Perry Mason moment here.
Rudi was sentenced to death in 1990 for the first-degree murder, then a life WITH parole sentence for the conspiracy. Nineteen years later, his death sentence was commuted because one Judge , Silvia Arellano, decided to release him from Death Row under a mental retardation claim. Once the Federal Supreme Court ruled that we can’t execute the mentally retarded (a ruling I agree with), suddenly both of these scheming conmen became “mentally retarded” overnight according to their attorneys, and those championing against the death penalty, one murderer at a time.
Rudi’s sentence was commuted to life WITH parole which, thankfully, Arellano decided to run consecutively to the conspiracy Life WITH parole sentence vs the concurrent option they argued for. Arellano, the biased Judge, had also ruled that nothing, not one thing, in their lives after the age of 18 could be considered in her decision–read: THE CRIMES FOR WHICH THEY WERE CONVICTED COULD NOT BE CONSIDERED IN THE DECISION FOR SENTENCE FOR THE CRIMES THEY COMMITTED. It was a terrifying time as this monster could have gone from Death Row to up for parole in five short years after that commutation.
Yes, it seems like a moot point or a formality that he should be given these yearly parole hearings for the first sentence he is serving, as he’s eight years into the second 25 to Life sentence. He could be granted parole on the first one and still turn right around to his cell to continue the second one. BUT, I’ve become a bit educated on how prisoners become victims over the years, and how attorneys make big bucks championing murderers and I don’t trust any of it. So, yes, I wrote a letter to the parole board and I guess I will each year, to make sure no one ever considers releasing him from prison or giving him any leniency.
I suspect he will continue, along with his disgusting champions, to try and play the “mentally retarded” card and since I’ve been informed it’s a fairly new parole board who may not know the case, I decided to do a bit of educating on exactly who Rudi Apelt is.
Here is a copy of my letter that my advocate will be reading into the record next Tuesday. I won’t be in AZ at that time and frankly, I never want to be in the same room with either of those sociopaths ever again so her reading my words to their faces is just fine with me.
the face of a monster
Here it is (apologies for it being dense to read–Wordpress is not letting me put paragraphs on this when I edited it):
To the AZ State Parole Board,
My name is Kathy Monkman Higham, and I am the sister of the victim in this case, Cindy Monkman. She was my only sister, 14 months older than me and her life was taken on December 23, 1988, by Rudi Apelt and his brother Michael, in the Arizona desert for one motive: money. Specifically, $400,000 in life insurance taken out on her in the weeks before her murder. Her body was discovered on Christmas Eve day. She was killed the day after the insurance papers arrived in the mail.
I’d like to offer my opinions on this murderer Rudi Apelt, and perhaps give you some information about him, as you evaluate the options related to parole for this convicted murderer.
In 2009, Rudi Apelt was deemed “mentally retarded” by one finder of fact: Judge Silvia Arellano after a lengthy death penalty appeal. He was removed from Death Row at that time, vacating the death sentence and replacing it with a grandfathered in Life WITH Parole sentence which she ordered to be run consecutively with his other Life WITH parole sentence for the conspiracy to commit murder conviction. Life WITHOUT parole was not an option in Arizona when this killer was sentenced in 1990, which is why he is even being considered for parole now.
Judge Arellano, in making her decision, deemed that no information related to Apelt beyond the age of 18 would be considered by her in the final outcome of that appeal. This means that the crimes for which he was convicted–first-degree murder and conspiracy to commit murder–were not considered in the determination of sentences for said crimes. Both brothers were in their late 20s at the time they slaughtered my sister in a sophisticated scheme for $400,000 in life insurance proceeds. They had been plotting this murder for about two months at least.
For purposes of this hearing, I will focus on this murderer, Rudi and the life he lived past the age of 18, and up to, and including the murder of my sister Cindy.
I have seen police reports on Rudi Apelt from Germany, which include burglary, assault, insurance fraud, and rape. Rudi served 5 years in a German prison for a violent gang rape of a woman before coming to the United States and murdering my sister. Not only did he and his cohorts rape and brutalize their victim, but they left her outside the city limits for dead, much like my sister, although he made sure Cindy was actually dead before leaving her in the desert that December night. Rudi stole the car they drove to the airport in to come to the US, and warrants were out for their arrest in Germany shortly after they left in the summer of 1988.
It was proven in court by Rudi’s own expert, famous pathologist Vincent DiMaio, that it was, in fact, Rudi himself who inflicted the majority of the stab wounds to my sister’s chest, severing her aorta, piercing her lung and then nearly decapitating her by slashing her throat. She was also severely beaten, but it was not proven who committed those blows. The knife wounds were easily established because Rudi is right handed, and his brother Michael is left-handed, and the majority of her wounds were clearly committed by a right handed individual, according to his own expert. Michael’s footprint was found on her forehead and it was presented in court that he stood on her head, as Rudi slashed Cindy’s throat as she lay helpless on the desert floor. Rudi and his brother went to the nightclub/restaurant, Bobby McGees and used Cindy’s credit card for a celebratory dinner after they killed her.
I met Rudi the very night that Cindy met the men who would kill her in a few short months. We were at a night club, and Rudi was supposed to be the date of one of our friends who had met this pair of brothers there the night before. But what I witnessed was Rudi blowing kisses and winking at me, which was highly inappropriate and distasteful. He was also meandering around the bar hitting on other women and kissing them on the dance floor. Although this behavior was rude, it does not rise to a level to prove mental retardation, in my opinion. That’s just common sense. He obviously possessed the savvy and bravado, as well as the confidence to be able to pursue multiple women at once. I do not find this behavior evident in mentally retarded people. You might ask yourselves the same question.
In the weeks leading up to murdering my sister, Rudi spent his time, with his brother, lining up other women to date, asking them to marry him, pursuing them and borrowing their cars, staying in their homes alone without his brother, lying to them, while stealing money from their purses and blank checks from their homes. He was able to convince luxury car dealers, Rolex watch distributors, and a custom home realtor that he was anything from a professional athlete (he is tall and at the time quite stocky), to an international banker to a pilot. Along with his brother, these schemes were believed, as they test drove Jaguars, BMW’s and signed a contract on a custom home, presumably pre-spending the life insurance money before they murdered my sister, as they had no other source of income other than illegal activities and schemes. All of these people came forward to testify about their experiences with these German con artists and how they believed their lies, including consistent claims of wealth.
Rudi, along with his brother, attended Cindy’s funeral and got up and spoke. I witnessed both of them driving away from the grave site laughing in their rental car. Their accomplice, Anke Dorn, testified that that very night they confessed to her that they had murdered Cindy.
Now with all of this information (which I have well documented in police reports and court records, if you would like me to provide supporting documentation), I encourage you to ask yourselves if you would assess this violent man as mentally retarded and give him any leniency for this or any other reason. If for some reason, you give him the benefit of the doubt that Judge Arellano did, then I implore you to realize, clearly, that he is a danger to any society and should never be released from prison.
Rudi Apelt is a sophisticated con artist and violent man, of this there is no doubt, whatever label one wants to put on him.
Please make sure he remains in prison for the rest of his life, however long that will be.