The Lost Girls
Page 25
Furious, Ramsey’s newly appointed attorney issued a statement on his behalf, saying he did not endorse the game, “Ramsey Burgers” or “burgers for life.”
“I want everyone to know that I have nothing to do with this trash,” read his statement.
But Ramsey did sign a book deal with a Cleveland publisher to write his autobiography, as well as inking a $10,000 contract to go on the celebrity speaking circuit.
But to top it all, the Eric C. Conn law firm in Stanville, Kentucky, announced plans to commission a statue of Charles Ramsey, which would be donated to a Cleveland museum.
“I can’t think of a better way to commend my friend Charles,” said Conn, “than having a statue made in his honor.”
But less than two months later, Ramsey would tell the MailOnline that fame had ruined his life and he was broke.
“I’m broke, bro, and that’s the truth,” he said. “I don’t have an address, I don’t live anywhere.”
* * *
On Friday, May 24, the Ohio BCI started testing the several hundred pieces of evidence recovered from 2207 Seymour Avenue. These included various chains, padlocks and other restraints, as well as Castro’s .357 Luger service revolver, which he used to play Russian roulette with his terrified victims.
BCI forensic scientist Joshua Barr examined the powerful weapon and successfully test-fired it in his laboratory.
“I determined that it was operable,” said Barr. “It could expel a projectile.”
He also measured and weighed the various lengths of rusty chains that Castro had used to restrain his three captives.
“There was a huge amount of evidence,” explained Barr. “Some of the chains had smaller chains attached to them by padlocks.”
The total length of chains scattered all over Castro’s house measured 99 feet, 3 inches and weighed 92.29 pounds.
* * *
Compared with his victims, Ariel Castro was living in five-star luxury. He had now requested to be taken off suicide watch and his jailhouse logs, still updated every ten minutes, show he was most concerned with cleanliness and hygiene. He regularly showered and brushed his teeth, even asking for disinfectant and a brush to clean out his cell and toilet facilities.
When he wasn’t sleeping or having one of his three regular meals, Castro liked to snack, using his commissary money to purchase peanut butter crackers and Snickers bars. Under Cuyahoga County Jail rules inmates can spend up to $30 a week—taken from any money they had at the time of their arrest—to buy various items on sale at the commissary.
He constantly complained to his guards that his cell was too cold, but rarely bothered to put on any clothes.
“It’s not the Ritz-Carlton,” said his attorney Craig Weintraub, “It’s been difficult.”
At the beginning of June, Ariel Castro was taken off suicide watch and moved to another part of the jail. In his new cell, he was provided with a television with a remote control and now spent most of his time watching movies. As he was no longer considered a suicide risk, Inmate C29 was put on the “razor list,” but declined the privilege as he was now growing a full beard.
31
INDICTED!
Late Friday afternoon, June 7, a month and a day after his arrest, a Cuyahoga County grand jury returned an unprecedented 329-count indictment against Ariel Castro. The indictments only covered the period from August 2002, when the first victim, Michelle Knight, was abducted, until February 2007. Prosecutor Tim McGinty promised there would be more to follow.
“Today’s indictment represents a first major step in the criminal justice process,” said McGinty. “Our investigation continues and we will present our findings to the grand jury.”
The 142-page indictment accused Ariel Castro of two counts of aggravated murder, for causing the unlawful termination of a pregnancy. He was also indicted on 139 counts of rape, 177 counts of kidnapping, seven counts of gross sexual imposition, three counts of felonious assault and a single count of possessing criminal tools.
After the remaining indictments came down, the County Prosecutor’s Capital Review Committee would meet to decide whether to attach a death penalty specification to it.
After the grand jury indictments, the three victims’ lawyers released a statement expressing their satisfaction.
“We have a great legal system,” read the statement, “plus confidence and faith in the prosecutor’s office and its decisions. Now, we stand back and let the judicial process unfold.”
* * *
On Saturday morning, Ariel Castro’s attorneys announced he would plead not guilty to each and every charge, warning prosecutors not to use the death penalty as a bargaining chip.
“The indictment is being reviewed,” Jaye Schlachet told the Reuters news agency, “and a ‘not guilty’ plea will be entered at the scheduled arraignment.”
Schlachet said the death penalty was inappropriate for Castro’s case, noting there was no physical evidence or medical records relating to the miscarriages.
“It would be unprecedented to pursue the death penalty for an alleged death of a fetus,” he said, “without the death of the mother. We remain hopeful that the prosecutor’s office and the public understand and agree that a death penalty should never be used as leverage to attempt to obtain a plea bargain.”
* * *
At 1:45 P.M. on Wednesday, June 12, a handcuffed and shackled Ariel Castro was led into the Cuyahoga Common Pleas Court for his arraignment. It had been moved to Judge Deena Calabrese’s twenty-second-floor courtroom, to accommodate all the media.
Just before walking in through the courtroom doors, Castro, handcuffed, shackled and dressed in a bright orange prison jumpsuit, had a smirk on his face. Then as soon as the courtroom opened, he lowered his head and shut his eyes, as bailiffs escorted him to the defense table.
Throughout the one-minute hearing he kept his head bowed, staring at the floor, as a line of news photographers and TV camera crews filmed him from the public gallery.
“Good morning,” said Judge Calabrese. “I have a very hefty indictment in front of me.”
The defense then waived the reading of the 329-count indictment, telling the judge that their client was pleading not guilty to everything. After entering the plea, Judge Calabrese announced that Judge Michael Russo had been assigned to the case, with the first pretrial hearing scheduled for June 19.
Then the judge continued Castro’s $8 million bond and dismissed the court.
Outside the courtroom, Craig Weintraub acknowledged that some of the kidnapping charges “cannot be disputed.” He told reporters that Castro’s not guilty plea would force prosecutors to decide if it was worth pursuing the death penalty, thereby compelling the three victims to testify at a high-profile trial.
“We are very sensitive to the emotional strain and impact that a trial would have on the women, their families and this community,” said Weintraub. “Mr. Castro currently faces hundreds of years in prison … and it is our hope that we can continue to work toward a resolution, to avoid having an unnecessary trial about aggravated murder and the death penalty.”
When asked if the defense would accept a plea deal to avoid going to trial if prosecutors agreed to drop the murder charges, Weintraub was evasive.
“We’re not answering any questions at this time,” he snapped. “The statement speaks for itself.”
After the arraignment, attorney Jim Wooley issued another statement on behalf of the victims.
“We understand the legal process needs to run its course,” it read. “We are hopeful for a just and prompt resolution. We have great faith in the prosecutor’s office and the court.”
* * *
The next day, Amanda Berry and Jocelyn made the eight-hour drive to Elizabethton, Tennessee, for a five-day reunion with her father over the Father’s Day weekend. A few weeks earlier, Johnny Berry had sold his exclusive story to the National Enquirer. And a photographer was at his house to take the first photographs of Amanda, which would be
on the front page of the next edition.
“When Amanda came through my front door it was like a miracle,” said Berry. “She started crying and ran up to me and we hugged for the first time in ten years.”
Then Amanda gave her father a silver ring with the word DAD engraved on it, as a Father’s Day gift.
During the visit, Berry got to know his new granddaughter, who soon became the apple of his eye.
“She gave me a hug,” he said, “and I instantly knew deep in my heart that she’s a Berry. She has her mom’s beauty, strength and intelligence. I said to her, ‘Hi, Jocelyn, I’m your grandpa Johnny, and I love you.’”
On Father’s Day, Amanda and Jocelyn attended a barbecue at a local campsite, so they could meet the rest of the Berry family. Amanda told them how she was busy getting her life back on track, and had almost completed her and Jocelyn’s medical and dental checkups.
“[She’s] thinking about putting Jocelyn into school next year,” said her father. “Amanda is going to finish up her high school education and wants to eventually go to junior college.”
But he also revealed that Amanda was suffering from post-traumatic stress disorder.
“She’s having nightmares every night,” he told the Enquirer, “waking up screaming and crying, terrified that Castro is coming after her, or that she’s still a prisoner. She told me she’s afraid her freedom is a dream and she’s going to wake up to the horror of finding out she’s still a prisoner.”
Back in Cleveland, Ariel Castro wrote several Father’s Day letters to his children from his jail cell, which were never delivered.
“I still can’t believe what I did,” he wrote, “to put me in the situation that I’m in now.”
* * *
At 9:00 A.M. on Wednesday, June 19, Ariel Castro was back in Cuyahoga County Common Pleas Court for his first pretrial hearing. He was led into the courtroom in leg irons and handcuffs, wearing his bright orange jail garb. Once again he kept his head down and his eyes clenched shut for the entire hearing.
Later, Prosecutor Tim McGinty would accuse Castro of putting on an act to gain sympathy.
“Don’t be fooled by this head-down, woe-to-me demeanor he has displayed since his arrest,” said the prosecutor. “He’s a manipulator. He has no remorse.”
As Judge Michael Russo entered the courtroom, Castro, who was sitting at the defense table between his two attorneys, refused to look at him.
“Mr. Castro, you are here for a first pretrial [hearing] in your matter,” said the judge. “Are you aware of that, sir?”
“Yes,” answered Castro, without looking up.
“Okay,” Judge Russo continued, “you are here with your attorneys, Mr. Schlachet and Mr. Weintraub. Have you been working with them over the past couple of weeks?”
“Yes,” Castro replied.
Then the judge asked the prosecution about the transfer of discovery to the defense. Prosecutor Tim McGinty said his office had now handed over all the defendant’s interrogation videos, and was soon going to make the victims’ journals available. He said the BCI were still analyzing DNA and other forensic evidence, which would be completed sometime in July.
“What is the status of any additional charges that might be presented to the grand jury?” asked Judge Russo.
“We are presenting additional evidence to the grand jury next week and the week after,” said the prosecutor. “We expect that we are going to request further indictments to cover the additional period.”
McGinty added that the defense wanted to visit 2207 Seymour Avenue, and he had no objections.
Then Judge Russo set a tentative trial date for August 5, saying he wanted a “speedy trial.” But he promised to give the defense more time if needed. Then he set another hearing for the following Wednesday, by which time the defense would have received more discovery materials and have a better idea of how to proceed.
“Mr. Castro,” said the judge, “do you have any questions for the court?”
“No,” said Castro, who was then led out by a bailiff to a barrage of clicks from the news cameras in the public gallery.
After the hearing, Craig Weintraub told reporters the defense was now focusing on whether the prosecution had enough evidence for an aggravated murder conviction, for forcing a miscarriage.
“That’s the most important aspect of the case to us,” he explained. “But as of right now, we haven’t received any of the evidence that would support an aggravated murder conviction.”
He also repeated that his client did not want his victims to have to go through all the stress of a public trial.
“It is not our intent to have to do that,” he said.
* * *
That same day, as the Cleveland Courage Fund approached the $1 million mark, Cleveland Democratic Representative John Barnes introduced a bill that would provide Amanda, Gina and Michelle with $25,000 for every year of their “involuntary servitude,” as well as college tuition and medical assistance.
The bill, which had the support of both sides in the Ohio House of Representatives, would require a federal waiver to make the women eligible for a lifetime of government medical assistance.
* * *
On Wednesday, June 26, Judge Michael Russo ordered Ariel Castro to undergo a psychiatric competency evaluation, to see if he was fit to stand trial. At the second pretrial hearing, Castro’s defense said they had not met with their client since the previous week’s hearing, but would soon do so to discuss the nine hundred pieces of discovery they had received the previous evening.
“So, Mr. Castro,” said Judge Russo, “are you aware your attorneys have received a number of documents from the state and they will be sharing the information with you?”
“Yes,” said Castro, his eyes glued to the floor.
The judge then told him that as the question of his competency to stand trial might be raised at a later stage, he would undergo a full competency evaluation, so there would be no grounds for an appeal.
“I don’t know anything about Mr. Castro,” said the judge, “and our meetings here in court are very brief, so I am going to refer him for a competency evaluation.”
The judge told Castro that he had arranged for the director of the Court Psychiatric Clinic, Dr. Phillip Resnick, to examine him the next day and report back to the court.
“So, Mr. Castro,” said Russo, “you are going to be talking with Dr. Resnick. He’ll only be assessing your ability to understand these proceedings and to assist your attorneys in your defense. Do you understand that?”
“Yes, I do,” Castro replied, without looking up.
Then Prosecutor Tim McGinty stood up and said the defendant was quite competent to stand trial.
“We understand your desire to … make sure he is competent,” said McGinty. “There’s absolutely no doubt from the hours of tape and other evidence that he’s entirely competent. Knows exactly what he’s doing now and did then. But we understand the court’s caution.”
After the hearing, the three victims’ attorneys issued a joint statement, calling for a quick resolution of the case.
“The longer this process lasts, the more painful it is for them,” said Michelle’s attorney, Kathy Joseph. “And the more sordid details of this horror that get disclosed in this process, the more painful it is for them.”
Amanda and Gina’s lawyer, James Wooley, said his clients just wanted it all over and welcomed an early trial.
“Any date set by which this may end,” he wrote, “is like light at the end of the tunnel.”
* * *
The next morning, Ariel Castro was taken to the Cuyahoga County Court Psychiatric Clinic in the Justice Center, for his two-and-a-half-hour competency examination by Dr. Phillip Resnick and Dr. Jason Beaman. He told them about his early childhood in Puerto Rico and how he had been sexually abused by an older boy when he was five. He also claimed that after moving to America, his mother had physically abused him daily. When Dr. Resnick asked him how he felt about th
at, Castro said he had prayed that she would die.
Then Dr. Resnick asked him about his educational history, and Castro said he was a “satisfactory” student, but was “teased” by the other boys and could not remember why. He admitted to being suspended in junior high for touching a girl’s breast, saying his first relationship was in seventh grade and had lasted five months.
He told the doctors that his next girlfriend was Nilda Figueroa, whom he met when he was twenty and she was seventeen. Over their thirteen year relationship they had four children, and Castro claimed the relationship had ended after she was unfaithful.
“He said the relationship was often violent,” wrote Dr. Resnick in his report, “and that he was charged with domestic violence twice. He said, ‘I hit her because she hit me first.’”
Castro maintained that all the violence had been his reaction to her verbal harassment and being hit first, although he did admit to striking Nilda with a dumbbell, requiring her to have stitches.
“He was eager to tell his story,” said Dr. Resnick, “in a self-serving way.”
Castro said his next relationship was with Lillian Roldan in 2000, but they did not live together or have children. He had ended the relationship, after abducting Michelle and Amanda because “my life was very stressful at the time.”
Castro said he had been fired the previous September by the Cleveland School District after twenty-one years driving a bus, and had been out of work since. He received unemployment, as well as supplementing his income as an “active musician.”
Asked about his psychiatric history, Castro said he had experienced his first mental health problem around 1980, when he began getting headaches and feeling disoriented and confused.
“He had these periods of confusion ‘off and on,’” wrote Dr. Resnick. “He said that during these periods, he would ‘make bad decisions.’”