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ROBERT KISSEL - NANCY KISSEL 2011 RETRIAL & VERDICT

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Jan 22 11 10:40 PM

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Nancy Kissel entered a plea of "Guilty to Manslaughter by reason of
provocation and diminished responsibility. She pleads "Not Guilty to
murder."
 
2011 - January 14 - RETRIAL BEGINS

PROSECUTION
 
David Perry QC 
 
"Robert Kissel, was a wealthy man whose estate, including insurance policies,
was worth $18 million (US).  Mr Kissel was also paid $175,000 (US) a year, plus
bonuses that over several years before his killing totalled about  $6 million (US).  
Mr Kissel had also named  his wife as beneficiary of his estate in a will. 
 
The couple enjoyed a high standard of living that included a home in the
US state of Vermont, ski trips, vacations in Bali and ownership of Mercedes
and Porsche cars."
 
"In the event of a divorce, Mrs Kissel's standard of living would inevitably
 have suffered."
 
“In the event of Robert Kissel's death, the defendant stood to gain a very

considerable financial benefit. The estate was valued at about $18 million
and she was the main beneficiary."

COURTROOM DRAMA
Mr Perry described "discussions her husband had had with lawyers about potential
divorce proceedings."
 
The prosecutor's statements were interrupted by "loud wails" fromNancy Kissel.
The judge ordered a recess.

Prosecutor Opening Statement resumes.
David Perry QC

Mr Perry outlined the day in November 2003 when Robert Kissel died
at the hands of his wife.
  
Mr. Perry told the jury of "Nancy Kissel's marital infidelity and her
efforts to obtain prescriptions from two different doctors for various drugs with
hypnotic effects. Mr Kissel and a visiting neighbour were given milkshakes
allegedly spiked with drugs. A post-mortem examination of Mr Kissel's stomach
and liver found traces of the same drugs she had purchased."
   
"The prosecution will show that Robert drank a milkshake laced with sedatives
prescribed to Nancy and that she had smashed his skull into his brain with a
heavy lead ornament while he lay unconscious in their bedroom.  Kissel cleaned
blood spots and ordered boxes from a moving company to pack up the evidence,
 including the lead ornament used to kill her husband.

She also spoke at length on the phone with a man in Vermont, with whom she
was having an affair

Kissel’s defense will require the jury to consider whether she suffered from
 “abnormality of the mind” and a loss of self control when she killed her husband."
 
DEFENSE
 
Edward Fitzgerald (Defense Attorney)
"The killing was an act of manslaughter on the grounds of provocation and
 diminished responsibility


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#1 [url]

Jan 23 11 1:01 PM

WITNESS TESTIMONY
 
Divorce Attorney
Witness described Robert Kissel as "a "calm, quiet man."

NEIGHBOR'S TESTIMONY FROM FIRST TRIAL READ TO JURY
A Parkview neighbour visiting Robert Kissel also drank a milkshake at the Kissel's
home and later became "incoherent." His testimony from Nancy Kissels first
murder trial is read out to the jury.


DOMESTIC EMPLOYEES TESTIMONY FROM FIRST TRIAL READ TO JURY
Prosecutor read testimony of Conchita and Maximina Macareg (sisters in law
to each other) to the jury. Robert Kissel employed them.

 Both Conchita and Maximina's testimony reflected that when they first became 
employed by Robert Kissel,  they observed Robert & Nancy Kissel's marriage
to be "sweet and loving," with dinner dates and speaking to each other lovingly.
Later on their marriage had degenerated to "cold and distant" with Nancy Kissel
ignoring her husband Robert.
 
 
2000 - January to 2003 - November - Maximina Macaraeg, worked at the Kissel's
Parkvew home.
 
Maximina's testimony:

Nancy Kissel was "loving but also prone to slamming doors when I made a mistake."
The marriage as a happy one, at least for the first two years I worked for them.
In 2003 the family left Hong Kong (to escape the outbreak of Severe Acute Respiratory
Syndrome, or SARS) and the marriage became tense.
 
"She became suspcious that Nancy Kissel had "done something" to Robert Kissel
after "spotting" a large carpet behind a sofa, with something rolled up inside it."
 
2003 - November 5 - Nancy Kissel "ordered her to clean out a storage room near the family
                              home in the apartment complex. She was to purchase rope and a
                              "medical belt" for Nancy Kissel's back.
 
                               Nancy Kissel had Maximina "help move cardboard boxes that were
                               to be placed in the storage room.
 
                              Maximina Macaraeg "I didn't know what was in the boxes."
 
                              Nancy Kissel bought a new rug for the living room. "I had a
                              bad feeling." Later that same evening, "I was ordered to let
                              movers into the apartment to haul the old rug out."

 
                              The Kissel's youngest child Reis held the door open for the
                              movers, it took 3 or 4 men to load the rug onto the trolley.
                              As the movers pushed the trolley out, the young boy said
                              "something smelled bad and exclaimed "eeww."
 
Maximina Macaraeg became suspicious about Robert Kissel's disappearance,
and Nancy Kissel's actions. She contacted one of Robert Kissel's colleagues
from Merrill Lynch and asked him to contact police.

EVIDENCE:
Mr. Perry described photographs shown to the jury, of the bedrooms and of the playroom 
of the Kissel children, Elaine, June and Reis.

Mr. Perry
"Nancy Kissel “went to great physical lengths” to move a rolled- up carpet containing
her husband’s body down a hallway from the bedroom to the living room."


 DEFENSE 
 
Edward Fitzgerald (Attorney for Nancy Kissel)
Nancy Kissel's mood swings might  have been related to depression.
FItzgerald cited Maximina Macaraeg's previous testimony that Nancy 
Kissel's moods seemed to worsen in 2003.


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#2 [url]

Jan 27 11 7:29 PM

WITNESSES

Chow Yiu-kwong (Floor Supervisor)

"I got the order to remove the carpet on November 5th, 2003.
 When I inspected the carpet, it gave off a bad odor.
"It took four workers using two trolleys to lift and remove the
"stinky" rolled-up carpet."
 
David Noh (Deputy of Robert Kissel's at Merrill Lynch)
The two men were close friends, and traveled for work together
overseas.

2003 - November - A few weeks before his death Robert Kissel was informed
orally that he would be promoted to a post in Tokyo that would require him
to spend most of his time there. The job was in the works, it had not yet been
announced. Robert was excited about the post.

Robert Kissel had confided he was considering divorce and wanted a settlement
giving him access to his children.

A Merrill Lynch colleague called to speak to Robert (the day after his murder)
since he'd not come to work. Nancy Kissel "explained his absence by "we're
having some family and health issues." She said "he'd be coming back to
the office "soon."

DEFENSE CROSS EXAMINATION

Attorney Edward Fitzgerald
In an attempt to show that although the witness was close to Robert Kissel,
he wasn't aware of many things about Robert Kissel.

Fitzgerald cited the results of the defense team's analysis of Mr. Kissel's
personal computer that found he had been searching the Internet for "anal
sex in Taiwan," "gay anal sex," and "Taiwan escorts," as well as visiting
various homosexual pornographic websites.


David Noh
"I wasn't aware of any such behavior by Robert Kissel while we traveled together."

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#3 [url]

Feb 21 11 7:18 PM

2011 - February 21 - Prosecution rests.
 
EVIDENCE:

A log of calls made before, during, and after the day Robert Kissel
was killed, between Nancy Kissel and her lover Michael De Priore in Vermont.
 
On the day of November 2, 2003, there were three calls using the same pattern.
Del Priore would make a brief call lasting several seconds, which was returned
by longer return calls from a secret mobile phone belonging to Nancy Kissell.
 
 
PROSECUTION
 
"On the afternoon of Sunday, November 2, 2003, Nancy Kissel rendered her husband
incapable of defending himself by slipping him a milkshake laced with a cocktail of
sedatives and sleeping pills.
 
She then took a heavy lead ornament weighting more than 3 and a half kilograms
and, as he lay prone on the bed, repeatedly whacked Robert Kissel's skull at least
five times and with such force that any one of the blows could have killed him."
 
 
2011 - February 22 - The Defense begins its case.

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Feb 23 11 11:44 PM

Daily Mail

"The 47-year-old's attorneys revealed they are planning to show that she was
suffering from clinical depression and that she was acting under diminished
responsibility when she was provoked by her husband to attack him.
Her lawyer Edward Fitzgerald told the nine-member jury that he planned to
use the testimony from his client as well as medical experts to rebut the
prosecution's case that the killing was a carefully planned murder she
methodically tried to cover up. He said: 'This is not a case of rational killing
by a woman in her right mind."


Google AFP Article

"On Tuesday, the sobbing and frail woman described enduring a history of
physical and sexual abuse, including forced anal sex. "It was forced sex --
he made me do things I didn't want to do," the trembling 46-year-old told
jurors. "The more I struggled, the more it hurt." Kissel also said her husband
demanded she induce labour because their third child's due date conflicted
with one of his business trips. The high-powered investment banker, she added,
punched the wall when she initially refused. "I had never seen him become so
enraged so fast," Kissel said, adding that she kept silent about the abuse
because people thought she had a "wonderful life".

"Kissel had a cocktail of drugs in his system, but the evidence did not prove
that the brew knocked him out, Fitzgerald said. Bloodstains at the scene instead
suggested a violent fight broke out between the pair, probably over Robert Kissel's
plan to start divorce proceedings, before the "frenzied" attack, he told jurors.
"The allegation that (the victim) was asleep on the bed doesn't fit the bloodstain
evidence," Fitzgerald said. "(The prosecution's) own evidence doesn't support their
theory," he added."

MORE AT LINK

WASHINGTON POST

"Lawyers for Nancy Kissel told a jury in Hong Kong's High Court Tuesday that
 they planned to show that she was suffering from clinical depression and was
acting under diminished responsibility when she was provoked by her husband
into the attack.

Kissel's lawyer, Edward Fitzgerald, told the jury earlier Tuesday that he planned
to use testimony from Kissel as well as medical experts to rebut the prosecution's
case that the killing was a carefully planned murder that she methodically tried to
cover up. "This is not a case of rational killing," he said."

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#5 [url]

Mar 26 11 6:11 PM

2011 - March 21 -  CLOSING ARGUMENTS

DEFENSE:
  Edward Fitzgerald (Lead Defense Counsel)
 "The law recognizes "concessions to human frailty. We're not saying "no
responsibility."  We're saying "diminished responsibility."  Testimony from
mental health experts testified that Ms. Kissel suffered from a depressive
disorder that runs in her family; that she exhbited symptoms of battered-
wife syndrome, conditions which on their own should be enough to show
diminished responsibility."
 
"While Mr. Perry accuses Ms. Kissel of lying, the prosecution presented
no mental health experts to counter our evidence. There was a violent
confrontation on the night Ms. Kissel killed her husband."
 
"Blood spatter analysis and bruising on Ms. Kissel showed that Mr. Kissel
was alert and engaged in a fight."
 
PROSECUTION:
David Perry (Lead Prosecutor)

"Ms. Kissel doesn't have a mental disorder and lied about being abused to avoid
a murder conviction. Evidence shows that Ms. Kissel was of sound mind, plotting
to kill her husband by drugging him with a sedative-laced milkshake and bludgeoning

him to death with a lead statuette. She had grown to despise her husband and was
having an affair with an electrician who lived near the Kissels' Vermont vacation home.
Mr. Kissel was sedated in bed."

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#6 [url]

Mar 26 11 6:56 PM

2011 - March 25 -  JURY RENDERS A VERDICT

 

 

The jury deliberated 10 1/2 hours and returned with a verdict - GUILTY.

 

The jury foreman informed Mr. Justice Andrew Macrae that the decision

was a unanimous one.  A murder conviction carries a mandatory sentence

of life in prison.

 

 
Judge Andrew Macrae
Addressing the courtroom and jury-
"I have never seen a more conscientious, punctual, attentive jury."

To Nancy Kissel -
 "The life sentence is prescribed by law and I can do nothing
about it. "My hands are tied."

 
Jean (Nancy's mother) and Michael MocGlothlin (step-father)
"We were shocked that a jury could reach that verdict given the evidence,
but we still feel that the re-trial had been fair."
 

Jean McGlothlin (Nancy Kissel's mother) 

"I was "stunned" by the verdict. The family's first priority is to make sure

my daughter receives medical and psychological help "because she won't

survive if she doesn't. Despite my huge disappointment at the verdict, I

am relieved for my daughter that "the intense pressure of the trial is behind

her and she can get some rest."

 

KISSEL FAMILY

"We believe that justice has been done today with an unanimous verdict of murder,

for the second time. The past few years have been a painful process of recovery,

especially for the children, and now that the trial is concluded we shall continue

to help rebuild their lives."

 

 Robert Kissel's sister, Jane Clayton cares for the children who reside with her.

 

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