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June 12, 2009

Fake Rockefeller found guilty

Posted: 11:55 AM ET

NEW YORK - On the fifth day of deliberations, a Boston jury has rejected an insanity defense and found the man who called himself Clark Rockefeller guilty of kidapping his daughter and assault and battery with a deadly weapon.

Christian Gerhartsreiter reacts as guilty verdict is read

The defendant, whose real name is Christian Karl Gerhartsreiter, was later sentenced by Judge Frank Gaziano to range of four to five years for the Kidnapping and two to three years for the Assault and Battery with a Deadly Weapon. The sentences are to run concurrently.

Gerhartsreiter was found not guilty on two of the lesser charges, furnishing a false name or social security number to law enforcement and assault and battery.

A jury foreperson explained the process, issuing the following statement: "This was a complicated case and not as clear cut as it might seem to those who have followed it only in the media. We were very thorough in our deliberations. We methodically examined every piece of evidence. We considered every element of every charge and every defense."

After a divorce settlement with his wife of 12 years, Gerhartsreiter snatched his 7-year-old daughter, nicknamed "Snooks", off the streets of Boston during a supervised visit on July 27, 2008. Gerhartsreiter, who hired a driver, placed his girl in the SUV and sped away, dragging the social worker who attempted to thwart the kidnapping. That specific act brought the assault with a deadly weapon count. A week later, he was arrested in Baltimore and "Snooks" was returned safely to her mother.

Stay tuned to In Session for full coverage throughout the day. 

-Bob Regan, In Session senior executive producer

Filed under: Uncategorized


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Homegrown hate on the rise

Posted: 09:10 AM ET

NEW YORK – The shooting at the U.S. Holocaust Museum by a self-described anti-government racist is just the latest example of the rising tide of hate in America. Barack Obama may be the President, but we'd be foolish to we think that racial hatred is a thing of the past. It's not.

FBI investigators in front of the bullet-ridden door at the Holocaust Memorial Museum

Extremism is undeniable to those who have the courage to look at the facts. According to the Southern Poverty Law Center, which tracks hate groups across America, rising unemployment, anti-immigrant sentiment, and the fact that we have our first African-American president are inspiring a new generation of angry young men - and no small number of women - to extremism and hate.

Today marks the anniversary of the execution of Oklahoma City bomber Timothy Mcveigh; but white supremacism and anti-government hate did not die with him. The militia movement receded from the headlines post 9/11, but it is alive and well.

The shooter at the Holocaust Museum, James von Brunn, had a long history of hate. A security guard there, Stephen Johns, was shot and killed doing the job he was hired to do, protecting citizens at a museum dedicated to tolerance. Ultimately, Johns was defending our freedom, including the freedom of people like von Brunn to harbor hate.

Extremists do not, however, have the freedom to act on their hate; so, we must be vigilant about exposing it - and stamping it out.

-Jami Floyd, In Session anchor

Filed under: Uncategorized


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June 11, 2009

Fake Rockefeller jury: no verdict yet

Posted: 06:44 PM ET

BOSTON, Massachusetts–Jurors in the kidnapping case against Christian Gerhartsreiter ended their fourth day of deliberations without reaching a verdict.

Clark Rockefeller entering court

The predominantly college-aged jury will resume deliberations Friday after a total of 24 hours and 15 minutes.

Christian Gerhartsreiter posed as Clark Rockefeller, a member of the famed Rockefeller family, for 15 years until he acknowledged his true identity following his August 2008 arrest on charges he kidnapped his daughter and allegedly assaulted the social worker who was supervising his first post-divorce visit with his child.

His defense attorneys have argued he was insane at the time of the incident. Rockefeller faces up to 18 and a half years if convicted.

–Grace Wong, In Session senior field producer

Filed under: Uncategorized


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Phil Spector's new look

Posted: 08:03 AM ET

BOSTON, Massachusetts–When Court TV (now In Session) televised Phil Spector’s first trial in 2007, I reported from outside the downtown Los Angeles County courthouse for five months. The trial ended in a mistrial on September 26, when the jury deadlocked 10 to 2 in favor of conviction. In the retrial that ended two months ago, a new jury convicted Spector of the second-degree murder of actress Lana Clarkson. He is now serving a life sentence in state prison, eligible for parole after 19 years.

Phil Spector photographed after arriving last week at the North Kern State Prison Reception Center in Delano, CA

The recent release by the California Department of Corrections and Rehabilitation of Spector’s photo sans hair piece reminds me of an incident during that first trial.

Week 11 (and day 29) of the trial started on Monday, July 9, 2007. There had been no court the previous week to give everyone a break during the Fourth of July holiday after nearly three months of trial.

Everyone was rested and ready to resume but the buzz started as soon as Spector arrived with his new hairstyle. Until that day, he sported a blond page-boy cut. But on July 9th, he showed up with a darker, longer, shaggy hairdo. It was a striking change, reminiscent of Marcia Clark changing her hair during O.J. Simpson’s murder trial. It was also well-known that, for years, Spector had worn hairpieces and that he was quite sensitive about his baldness.

Throughout that week, anchors at Court TV asked me about Spector’s new look and I would comment that it appeared to be a new hairpiece. By Thursday, July 12, Spector’s wife, Rachelle, was fed up with the commentary. That afternoon, during a court break, she pulled me aside in the hall and scolded me for misreporting that her husband wore a hairpiece. I asked: “If it’s not a hairpiece, then what is it?” She replied: “It’s HIS hair, it’s his HAIR.” I was stupefied. Was I wrong?

I always correct myself if someone points out an error. So, I decided to dig further. I asked the DAs on the case if they knew whether he wore a hairpiece. They told me detectives described a large closet full of styrofoam heads donning hairpieces they discovered during a search of Spector’s mansion. Also, I recalled at least one of his former female friends testifying about the bandana he would wear to bed after removing his hair.

The next day, I did report my conversation with Rachelle but, like most trial observers, I always believed he wore hairpieces. With the newly-released photo of Spector in prison, I know I was right all along.

–Beth Karas, In Session correspondent

Filed under: Uncategorized


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June 10, 2009

No decision yet from Rockefeller jury

Posted: 05:22 PM ET

BOSTON, Massachusetts–The jury in the kidnapping and assault case against Christian Gerhartsreiter ended another full day of deliberations without reaching a verdict.

The jury of eight women and four men deliberated for seven hours Wednesday for a total of 17.5 hours over three days.

About an hour and fifteen minutes into their deliberations, jurors asked the judge to clarify the law regarding criminal responsibility.

There was no further communication from the panel for the remainder of the day; deliberations will resume Thursday.

Stay tuned to In Session for the latest from the courtroom from correspondent Beth Karas.

–Grace Wong, In Session senior field producer

Filed under: Uncategorized


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June 9, 2009

Rockefeller jury deliberates a second day: no verdict

Posted: 04:44 PM ET

BOSTON, Massachusetts–The jury in the trial of the man accused of posing as a member of the Rockefeller family deliberated for 6 hours and 45 minutes Tuesday without reaching a verdict. They have now deliberated a total of 10.5 hours over two days.

Christian Gerhartsreiter aka Clark Rockefeller

The jury viewed the defendant's videotaped statement and heard a 911 call at the start of their deliberations today, evidence they had asked for Monday.

No questions or notes were received from the jury today; they will resume deliberating at 9:00 Wednesday.

–Grace Wong, In Session senior field producer

Filed under: Uncategorized


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Punishment enough

Posted: 04:41 PM ET

NEW YORK–After weeks of waiting, Robert Higbee heard the words he wanted to hear: Not Guilty.The state trooper was acquitted of all charges related to a car crash that killed two teenage sisters one night in 2006. Trooper Higbee never denied that he caused the crash in pursuit of a speeder, but insisted throughout that it was an accident and that he'd followed police procedure.

Robert Higbee walks out of courthouse after being cleared by jury

The New Jersey jury believed Higbee and found him not guilty.

This is the right result in the controversial case and here's why: The criminal justice system is about just that, criminal justice. It is not about civil justice or turning back the hands of time, no matter how much we may want to do so. The criminal courts cannot be all things to all people. They do not provide some sort of cathartic rush that will ease the pain of a parent who loses a child; and a verdict in a criminal case - guilty or not - never, ever provides closure.

No one seems to understand this more than Maria Caiafa, the mother of the two young girls who lost their lives in this case. Before the trial began she saw her way, through her grief, to hug Robert Higbee; and after the verdict, she met briefly with him, behind closed doors. What was said between them, we will never know. It was a private moment and that is as it should be.

Maria Caiafa seems to understand better than anyone that to send Robert Higbee to prison would only have compounded this tragedy. Even as a free man, Higbee will never be free of the knowledge that he killed her girls. That is punishment enough.

–Jami Floyd, In Session anchor

Filed under: Uncategorized


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June 8, 2009

Higbee, not guilty, speaks to victims' mother

Posted: 09:25 PM ET

CAPE MAY COURT HOUSE, New Jersey–Late Monday afternoon jurors in the case of New Jersey vs Robert Higbee found the state trooper not guilty of vehicular homicide in the deaths of Jaqueline and Christina Becker.

Robert Higbee, left, and Maria Caiafa, mother of the teenage crash victims, in court as verdict is reached

The packed courtroom went silent before the verdict was announced. The majority of those in the courtroom were fellow New Jersey troopers in support of Higbee, who has been suspended since his indictment in February 2007.

Maria Caiafa, mother of the teenage crash victims, and her family, sat quietly on the prosecution's side of the courtroom. After the verdict was announced by the jury foreperson, each juror was polled and asked by Judge Raymond Batten if the verdict just read was their true verdict. All individually replied....yes.

Higbee's face turned a very bright red as he seemed to nod to each juror as they were polled. Defense attorney Bill Subin spontaneously moved to the center of the courtroom thanking the jurors through his tears.

Once the reality of the verdict was confirmed, the majority of state troopers in the courtroom began to cry, holding their faces in their hands while wiping tears from their eyes.

When the proceedings concluded, Judge Batten took a moment to read what appeared to be a written statement expressing his sorrow for the family of the victims. The Caiafa family remained stoic and silent.

As people left the courtroom, Maria Caiafa and Robert Higbee went alone into a witness waiting room off the courtroom. When they emerged nearly 10 minutes later, Caiafa appeared emotional as she left the small room.

Defense attorney Bill Subin confirmed to a waiting press and media group outside that Caiafa had asked to speak to Higbee alone and he agreed.

Higbee and Caiafa both told the press their talk would forever remain confidential.

–Jean Casarez, In Session correspondent

Filed under: Uncategorized


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Jury weighing Rockefeller imposter's fate

Posted: 08:42 PM ET

BOSTON, Massachusetts–Jurors will resume deliberating the fate of the man who calls himself Clark Rockefeller Tuesday. Rockefeller, whose true name is Christian Gerhartsreiter, is accused of kidnapping his daughter during a post-divorce visitation and assaulting a social worker who was supervising the visit. He denies the assault and says he was criminally insane at the time of the kidnapping.

Christian Gerhartsreiter standing in court next to photographic exhibit showing daughter Reigh

Jurors spent about 3 and a half hours deliberating before calling it a day. Earlier, they heard 90 minutes of summations from both sides before the judge instructed them on the law and they retired to decide the case.

Defense attorneys Jeffrey Denner and Timothy Bradl split their closing argument. Bradl focused on three of the four charges that he said were not proved: assault and battery with a dangerous weapon (social worker hanging onto the car as it drove away), assault and battery (pushing the social worker in the back), and giving a false name to a police officer at the time of arrest. Denner conceded that the fourth charge, kidnapping, was factually proven but that Gerhartsreiter is not criminally responsible because of his severe psychological disorders.

Denner defended the testimony of forensic psychologist Catherine Howe and forensic psychiatrist Keith Ablow, who both agreed that Gerhartsreiter’s delusions and narcissism prevented him from comprehending the wrongfulness of kidnapping his daughter. Denner concluded: “You see him descending into madness. You see completely irrational action that other people are buying because of the name Rockefeller and the appearance, the veneer, of respectability with a powerful wife.”

Assistant District Attorney David Deakin told jurors this is a “case about manipulation, not about madness.” He suggested that insanity has nothing to do with the case. Rather “it’s a case about the loss of control, the defendant’s anger and frustration over the loss of control over his family and the plan he set about to regain at least as much of that control as he could.”

Deakin went through a list of Gerhartsreiter’s actions in preparing and carrying out the abduction, to illustrate that Gerhartsreiter knew what he was doing was wrong. For example, shortly after the divorce was finalized, Gerhartsreiter resumed his life-long pattern when he planned a new life and a new identity, this time in Baltimore, as Charles “Chip” Smith.

On the day of the kidnapping his meticulous plan unfolded once he had two getaway drivers in place. He wouldn’t allow one of those drivers, Aileen Ang, to answer her cell phone while driving him and his daughter to New York City because he knew she would learn about the Amber Alert for his daughter.

The judge selected one of the four men on the jury as the foreperson. He teaches special education law at Harvard. Another man is a firefighter. Of the eight women, one of them used to counsel sex offenders and another has applied to medical school.

After nearly three hours of deliberations on Monday, jurors asked the court detailed questions related to the most minor charge, the misdemeanor of giving a false name to the police.

Stay tuned to In Session for all the latest as deliberations continue.

Beth Karas, In Session correspondent

Filed under: Uncategorized


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BREAKING NEWS: Trooper not guilty

Posted: 05:03 PM ET

CAPE MAY COURT HOUSE, New Jersey–Jurors in the trial of a trooper accused of vehicular homicide found the defendant not guilty Monday.

Robert Higbee faced 20 years in prison for a crash that killed two teenage girls in 2007.

Stay tuned to In Session for complete verdict coverage beginning 9 a.m. Tuesday.

–Nancy Leung, In Session field producer

Filed under: Uncategorized


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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Jean Casarez
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