☛ TS Kesser may get third chance for polygraph
A Fortuna man jailed more than 16 years for hiring a hitman to murder his estranged wife appeared in court Thursday to review the possibility of taking a third polygraph test, which could reduce his sentence from first- to second-degree murder.
According to court documents, Richard Craig Kesser accepted a plea agreement requiring him to issue a truthful, polygraphed statement about the events leading to his former wife's murder in 1991.
The agreement stipulates if Kesser truthfully completes the polygraph test, he would receive a second-degree murder sentence. In the plea deal, Kesser agreed that if he showed deception in the polygraphed statement, he would be convicted of first-degree murder.
Kesser failed a preliminary test in August. But in September, those results were thrown out by a Humboldt County Superior Court judge, who found the examiner used inadmissible techniques in the test.
The most recent polygraph test was cut short after Kesser told the examiner he takes medication as a result of severe depression.
According to Kesser's attorney Glenn Brown that examiner is now examining the list of anti-depressants that are admissible in polygraph tests, in order to possibly retest Kesser.
Judge Dale Reinholtsen granted two weeks for another status review to discuss the possibility of the new test.
According to District Attorney Paul Gallegos, who is prosecuting the case, Kesser had never before mentioned he was taking medication.
”It had never been disclosed that he had a need for it before,” Gallegos said.
Gallegos said his position is that Kesser did take the test and failed, and therefore should be convicted of first-degree murder.
Gallegos said he would be happy to throw out the plea agreement and try Kesser for murder, but out of respect for the victim's family, the District Attorney's Office is trying to keep the matter from trial.
”Trying cases is easy for attorneys, but it's tough on families,” Gallegos said.
Speaking from jail in late October, Kesser said he wants to successfully pass the test in order the receive the reduced sentence.
”I was a blue collar citizen,” he said. “Then I made a mistake. Hopefully someday I can get back to being a productive member of society.”
During the interview, Kesser also admitted to spending around two months planning the murder of his former wife Mary Kesser, with whom he had a four-year-old son. On Nov. 26, 1991, Mary Kesser was stabbed to death while she was in her Fortuna home.
Richard Kesser will reappear in court Nov. 20 for a status review.
ok - trying to be reasonable here.
ReplyDeleteWhat f'ing type of place have we become. This is outrageous.
"”Trying cases is easy for attorneys, Gallegos said." Oh yeah right. That is why his office is now losing them right and left and can't get a conviction. I am not even going to list the names of the lost ones that were in the paper over the last year.
Speaking from jail in late October, Kesser said he wants to successfully pass the test in order the receive the reduced sentence.
”I was a blue collar citizen,” he said. “Then I made a mistake. Hopefully someday I can get back to being a productive member of society.”
During the interview, Kesser also admitted to spending around two months planning the murder of his former wife Mary Kesser, with whom he had a four-year-old son. On Nov. 26, 1991, Mary Kesser was stabbed to death while she was in her Fortuna home."
Great we are now a community that rewards people who plans a murder for two months with a plea bargain.
Face it, this guy and his galpal got a plea bargain because the idiot that runs the DA's office (Paul the incompetent) is too scared shitless to try anything. He doesn't have the competent staff left to prepare and do the case for him which is probably why he thinks trying cases is so easy. That coupled with the fact that it is common knowledge that he is too terrified he will lose another big one.
this year, PL loss, Douglass/Zannoti, gundersen, Shinn, Hell I know I am missing a few more here folks, help out will you?
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ReplyDeleteNov. 20. Why not Nov. 26. Just the day before Thanksgiving, just like the day he killed her. Lock him back up.
ReplyDeletetrying cases is easy? not if you give a damn about it. If you give a damn, you don't go on vacation in the middle of the trial. you work your tail off. you spend time with victims and witnesses. you write and rewrite and rewrite arguments, outlines, tactics, jury questions, cross examination. you prepare motions and memos of law. you grill your cops and experts. you spend time in the library and on iine researching the law and the other side's experts. you get copies of transcripts of the other guys expert. you call other prosecutors and lawyers and research the oppo. you have a note book by your bed for when you wake up at 3 am with a good idea. you bug your colleagues to listen to strategies. you practice your arguments for your wife.
ReplyDeletethere's nothing easy about it, IF YOU GIVE A DAMN.
On the other hand, if you're a lazy irresponsible
intellectual lightweight who's only in it for what you can get, not what you can give, hell yes, it's easy.