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Aileen Wuornos Verdict and Sentencing for Richard Mallory trial January 31, 1992 — Transcript

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0:23Circuit Court judicial circuit in for
0:26fla case number
0:2891257 state of fla vers is Carol also
0:31known as Susan lovic also known as L
0:35Christine also known as Cy Mar as to
0:38count one a majority of the jury by a
0:41vote of 12 to nothing advise and
0:43recommend to the court that it impose
0:45the death penalty upon Eileen Carol
0:47waros also known as Susan ly bovic also
0:50known as Lori Christine Brady also known
0:52as Cammy Mar green dated at Delan Bia
0:55County Florida this 30th day of January
0:581992 Pamela J
1:00po
1:03person going to ask each of you individ
1:06concer the
1:07advis it is not necessary that you state
1:10how you personally voted or how any
1:12other person V but only if the advisory
1:15s was correctly St Madam clerk will you
1:20please yes sir do you Mrs ston agree and
1:23confirm that the majority of the jury
1:25join in The Advisory sentence that you
1:27have just heard read by the clerk yes
1:30do you Mrs frell agree and confirm that
1:33a majority of the jury join in The
1:35Advisory sentence that you have just
1:36heard read by the
1:38clerk do you Mrs Mills agree and confirm
1:41that a majority of the jury join in The
1:43Advisory sentence that you have just
1:45heard read by the clerk yes do you Mr
1:49deer agree and confirm that a majority
1:51of the jury join in The Advisory
1:53sentence that you have just heard read
1:55by the
1:56clerk do you Mrs Mathis agree and
1:59confirm that a majority of the jury join
2:01an advisory sentence that you have just
2:03heard read by the clerk yes do you Mrs
2:07Walters agree and confirm that a
2:08majority of the jury join in The
2:10Advisory sentence that you have just
2:11heard read by the clerk yes I do do you
2:15Mrs Wy agree and confirm the majority of
2:18the jury joining The Advisory sentence
2:20that you have just heard read by the
2:21clerk yes do you Mr flowers agree and
2:25confirm that a majority of the jury
2:27joining The Advisory sentence that you
2:28have just heard read by the cler
2:31do you Mrs bugman agree and confirm that
2:33a majority of the jury join in The
2:35Advisory Senate the two have just heard
2:37read by the
2:38clerk do you Mr Watley agree and confirm
2:41that a majority of the jury join in The
2:43Advisory sentence that you have just
2:45heard read by the
2:47clerk do you Mr ransy agree and confirm
2:51the majority of the jury ADV advis
2:53sentence that you have just heard read
2:54by the clerk yes do you Mr Basha agree
2:58and confirm the majority of the jury
3:00join an advisory sentence that you have
3:02just heard read by the clerk yes thank
3:04you
3:05all any further
3:10request
3:11no ladies and gentlemen I want to you
3:15thank you very much for your time and
3:17consideration of this case I also wish
3:20to advide you some very special
3:22privileges that are enjoyed by dor no
3:25dor can ever be required talk about the
3:28discussions that occur in the Jury Room
3:30except by four order for many Century
3:34our society has relied upon jury
3:36consideration of difficult cases we
3:39recognized for hundred of years jury
3:41liberations their disat and their votes
3:44to remain their Private Affairs so long
3:47as they wish therefore the law gives you
3:50a unique privilege not to speak about
3:52the jury's work although you are at
3:55liity to speak with anyone about your
3:57deliberations you're also a liity to
3:59refuse to speak for a request may come
4:02from those who are simply curious or may
4:05seek to find fault with you we be up to
4:08you to decide whether to deserve your
4:10privacy as a with those
4:13instructions the andess and fur
4:18responsility
4:20for 93
4:24tomorrow jury judge before we leave we
4:27would renew all previous applications
4:29and
4:32[Music]
4:37motions thank you your
4:42honor circuit is now in session the
4:45honorable Judge jel Blunt Jr presiding
4:48please be seated quiet in the courtroom
5:01fact number
5:0391257 the State of Florida versus Eileen
5:05Carol warus also known as Susan Len
5:08bovic also known as Lori Christine groy
5:12also known as kimy Marsh green the court
5:16is prepared for sentencing does the
5:17state have uh any Witnesses like to
5:19present at this
5:20time your honor we have no Witnesses me
5:23I make a brief statement yes sir
5:41your honor I'm not going to U insult
5:46the intelligence or the wisdom or the
5:49perception of this court by going
5:51into any type of a detailed recounting
5:55of the facts and circumstances which
5:58brings alen warno before this court at
6:01this time in this County I would like to
6:05discuss just for a moment or two a
6:06couple of aspects of the law and
6:11why in fact the state is urging the
6:14ultimate penalty pericial under
6:16Florida's law for Miss
6:18warness first I I say to you
6:22sincerely that this is probably um for
6:27every prosecutor the most difficult ult
6:30assignment that our office faces and
6:33that is the studied and considered
6:37decision to first ask the citizens and
6:41then ask the
6:44jurist
6:45to permit the law which requires the
6:51forfeiture of a human life to be
6:54activated against another citizen
6:59it is not only of great and considerable
7:03legal weight but I can tell you from a
7:06personal standpoint I speak for my staff
7:10it is a a great U
7:13emotional
7:16um drain upon all of us involved in a
7:19case like this nonetheless the people of
7:23the State of Florida through their
7:24elected representatives
7:27and through well documented and voiced
7:31opinion polls over the years as the
7:33people of this nation believe that there
7:35is a place in our
7:37society a necessary place in our
7:40criminal jurist Prudence for the death
7:45penalty rare are the cases of
7:50murder on the grand scheme of the number
7:53of murders committed
7:55Nationwide in which the death penalty
7:58can be fully and unequivocally
8:02justify this is one of those
8:05cases the aggravating circumstances I'll
8:08not recount
8:10them they were argued and the court
8:13instructed upon
8:14them have been
8:16proven your honor Beyond and to the
8:19exclusion of any reasonable
8:21doubt the unanimous verdict of this
8:24trial
8:26jury and I can say this that they took
8:30the time to
8:32deliberate in return a unanimous verdict
8:35which I think is a clear IND
8:37isue of
8:40the completeness of the evidence and the
8:43propriety of the sentence of
8:48death I would ask you to not only
8:52sentence Eileen
8:56waros to be electrocuted
8:59I would ask that with regard to the
9:01additional sentences that the maximum
9:04penalty be
9:06imposed we know that under the law the
9:10three-year minimum mandatory as a part
9:12of the robbery sentence uh is called for
9:15by
9:17Statute no exception for that even in a
9:20murder case where a weapon's used and I
9:22refer specifically to chapter
9:26775 under the case law
9:30I site Williams V State and I have a
9:32copy we' provided already to defense
9:35Council your
9:37honor the imposition of the man minimum
9:41mandatory is appropriate and that is at
9:453 517 Southern 2 681 Florida Supreme
9:50Court
9:511988 also even if the weapon was a part
9:55of the statute we believe that is
9:58correct your honor under the Willam
9:59decision may
10:00I that
10:04case defense Council has already been
10:06provided though these
10:10cases in addition we're asking you to
10:14depart from what the sentencing
10:19guidelines which I believe has been one
10:21of the greatest impediments in the State
10:23of Florida to the fair and
10:27appropriate um administration of
10:30Criminal Justice and has directly
10:33resulted in the dunion of the respect
10:35for the bench and for the law in this
10:38state nonetheless we are still Bound by
10:41them and we and certainly like yourself
10:44your honor uh will will abide by
10:47sentencing guidelines so long as they
10:51remain a part of our
10:53law but a departure is appropriate in
10:56this case from what the guidelines
10:59sentence would
11:00permit to a sentence of what the statute
11:04statute would allow and that is life
11:09imprisonment and for the authority of
11:11that I would refer your honor to the
11:13stfe case of hansboro V State 509
11:18Southern 2
11:201018 as cited in Rutherford BB State at
11:24545 Southern second
11:26853 now if I may also
11:30provide the court with that
11:33[Laughter]
11:55case case essentially indicates that the
11:59forms that the legislature committees
12:03developed under the sentencing
12:05guidelines provisions of the law simply
12:07don't include a category for a
12:11conviction of Murder in the first
12:14degree to be considered at the time and
12:17under the cases
12:18cited um the Supreme Court
12:21has upheld in effect sanction the
12:26departure for a sentence exceed the
12:29guidelines up to the maximum statutory
12:32allowable also if your honor please with
12:35regard to legalities of where we are for
12:38a moment we would ask you to retain
12:39jurisdiction in this case for several
12:42matters one count three was severed at
12:46the bench just as the jury selection
12:50began we would ask you to retain
12:52jurisdiction until count three is
12:54disposed of there may come a time that
12:57discussions between ourselves and the
13:00defense uh will result in a resolution
13:03without litigation we certainly hope
13:04that we can only offer what we believe
13:07would be a fair resolution we will do
13:08that sometime in the
13:10future in addition the State of Florida
13:13and the people of Luchia County
13:14particularly are entitled to reasonable
13:16and full cost assessment we have not yet
13:20had an opportunity to compile those
13:23figures in their entirety the bills from
13:25the mental health care experts have not
13:28been submitted
13:29uh bills for expedited depositions that
13:32became necessary because of the lateness
13:34of some of the experts testimony
13:36including their refusal to honor
13:38subpoenas from this court um resulted in
13:42many late hour depositions and expedited
13:45uh printings of
13:47depositions so we cannot come to you
13:49with those figures at this time i' ask
13:51you to retain jurisdiction for that and
13:53in connection with that the rule to show
13:55cause motions which have been filed
13:57which we don't want to argue or present
13:58at this time with regard to Dr Elizabeth
14:02McMahon Dr Jeth tumer for their refusals
14:05to comply with subpoena not met meant as
14:08a vindictive measure of your honor but
14:10only to hopefully bring an orderly
14:13procedure to cases in the future where
14:15we deal with that particular profession
14:17and more specifically those particular
14:19particular professionals the
14:21housekeeping matters
14:23behind I would only say in closing
14:33this
14:35is the only time that I've stood before
14:39this particular jurist and ask
14:44you to enforce uphold and pronounce a
14:49sentence to take another person's
14:52life I don't do it
14:56lightly I can tell you I do it with a
14:58heavy heart
15:03eileene waros has come into this
15:07courtroom with an utter
15:10disregard continuing for the
15:13truth with an utter
15:16disregard for the destruction she has
15:20wrought upon her
15:23victims with a continuing utter
15:25disregard
15:30for even the reputation of her very
15:32family her deceased mother and
15:35father her
15:43acts
15:45of
15:48murder and of
15:52total
15:55absolute
15:57unwavering determination to avoid and
16:00deny responsibility continue even to
16:02this
16:03date I ask you to sentence her to die
16:07floor elector
16:09chair uh Mr Tanner do you have a a
16:12guideline scor sheet for
16:15[Laughter]
16:23me yes I do has copy been made available
16:27to council that's what I was asking
16:30cop may we step out and make copy apolog
16:35well let let them view that one then we
16:37can
16:37[Music]
16:41follow Mr waros when I have completed my
16:45task here
16:47today you will begin the first day of
16:50the rest of your
16:52life the curtain will fall on the tragic
16:56drama of the trial of iile warness
16:59tomorrow sunrise will bring the
17:01beginning of the appellant procedures as
17:05provided by law and I will return to
17:09pasture you have been convicted by a
17:12jury of your peers the offense of
17:14first-degree premeditated in first
17:15degree family murder and armed robbery
17:17of a firearm with and of Richard
17:21malerie do you or your attorneys who
17:24stand to your side having legal cause to
17:25show why the sentence of law should not
17:27now be imposed upon you do you have any
17:29matters and bar conclusion of sentence
17:31do you have any matters and Mitigation
17:33Of sentence that you would give the
17:34court at this time we have certain
17:36matters we'd like to bring up your honor
17:38sir first we would ask that your honor
17:40here from Miss Arlene pry
17:48certainly so the court reporter can hear
17:51you will you speak loudly enough and
17:53also give her your name yes U my name is
17:55Arlene pry p r a l l e
18:00you honor I'm sorry I was going to say
18:02Miss pry has certain matters that she
18:04would like to relate to the court I
18:06think this is your opportunity to
18:08speakly okay your honor um my husband
18:11and I adopted iene warness on November
18:13the 6th we heard in this courtroom three
18:16expert Witnesses in the field of
18:18psychology who said that Eileen warness
18:20though 35 years physically was
18:22emotionally and psychologically a child
18:26Dr McMahon referred to her as the most
18:28primitive
18:29one she had ever seen other than within
18:31an
18:32institution my husband and I have spent
18:35as much time if not more than all of our
18:37experts combined we are 100% behind
18:41their diagnosis and I would plead for
18:44Mercy for my daughter's life because she
18:47never was given the chance to grow up
18:49she is still a child as they have said
18:51and there are two factors I think that
18:53are very important her school records
18:55indicated as well as the experts that um
18:59Warnes from a very young age wanted the
19:02structure of a very tight family she
19:05longed to have that a nurturing
19:07environment and the school records also
19:09indicated that she was in need
19:11immediately of counseling immediate
19:15those were never granted both of those
19:17factors are now present this day in 1992
19:21she has a family that cares about her
19:24that loves her unconditionally and we
19:26are also your honor if you would give
19:29Mercy in this case we are willing to pay
19:32for the professional counseling that ID
19:34Warner should have received as a child
19:37and I just ple for
19:39the your mercy for my daughter's life
19:43thank you very much ma'am you may return
19:45to your seat judge as to the show couple
19:48of technical matters as to the show
19:50cause issue that Mr Tanner mentioned we
19:52would like an opportunity to be heard on
19:54that shall um I take it today is not the
19:56appropriate time I think not
19:59um as to the proceedings as a whole we
20:02renew our previous motions objections
20:05and
20:05applications uh we do have certain brief
20:08comments and I think M wos has certain
20:10brief comments as
20:14well okay first of all I'd like to say
20:18that I have been labeled a serial killer
20:22and I am no serial
20:24killer I've Been Framed by the law
20:26enforcement as a serial killer because
20:29of numerous men involved but what I was
20:31was a
20:34prostitute and in my
20:37prostitution I happen to deal with a lot
20:41of men at least 200 250 men a month and
20:45I ran into these men along the way in my
20:49prostitution I do not feel I was not out
20:52there to hurt anyone I didn't had no
20:55intentions of hurting anyone in my
20:57confessions I stated that nine times I
21:00stated 37 times self-defense 39 times
21:03that they raped or beat to and then
21:06begin to rape or and had intentions of
21:10killing and what I did was what anybody
21:15else would do I defended
21:17myself which everybody has the right to
21:20defend
21:21themselves and I had no intentions of
21:24killing anyone I would not do that not
21:28I'm not that type of
21:30person anyway what I'm trying to say
21:33here is
21:35that while I've been through this 2 and
21:371/2 weeks in the
21:38courtroom I told you that I was raped
21:41and that is what happened and that is
21:43what happened with all
21:45other cases that I'll be involved in And
21:50discussing and these people did a
21:53violent attack on me and I did what I
21:56had to do to protect myself
22:00now I'd like to point out one other
22:02thing is that the law enforcement has
22:05framed me a serial
22:07killer purposely for books and
22:11movies and I have been since I've been
22:14incarcerated a year in jail have gone
22:17through a lot of physical and
22:20mental uh abuse which I felt as being a
22:24conspiracy through the law enforcement
22:27and I also believe believe the law
22:29enforcement and the state attorneys have
22:30a conspiracy here and I've been and I
22:34have to say another thing for as far as
22:36manipulation was talked about yesterday
22:38in the courtroom I believe State Tanner
22:41state attorney Tanner was the one
22:43manipulating the
22:45jury which he had made a whole lot of
22:48things up they were just things were
22:50just made up at the top of his head were
22:52not true and I felt that he lied right
22:55through his teeth I was up in that stand
22:57there and and I did not lie I was
22:59coursed in take making my confessions I
23:02was threatened that Tyra Moore would be
23:04arrested if I did not talk about the
23:06confessions I was also CED and
23:09threatened and told that if I did not
23:11answer their questions the way they
23:13wanted me to I mean their
23:16questions and I did it any other way
23:19that she would be arrested and the
23:21questions that they asked me were
23:22strictly to implicate me as a serial
23:25killer when every time I talked about a
23:28rape cut me off and they had my mind all
23:31messed up where I was
23:33hysterical I was in trauma and I was
23:36alcohol
23:38withdrawing I have been
23:41totally under duress and
23:44delirium and I didn't I couldn't tell
23:48you what happened anyway I couldn't
23:49remember anything under that stress all
23:53I want all I had in my mind was focused
23:56on Tyra which I was trying to clear Tyra
23:59which Tyra knows it's selfdefense and
24:01she's lying through her teeth telling
24:04that she doesn't know anything even the
24:05smallest of things of our life together
24:07four and A2 years and she does know she
24:10knows the
24:11self-defense and she's been offered like
24:13a half a million dollar and might be a
24:15multi-millionaire after this is over and
24:17she's just keeping her mouth shut
24:19because she wants my they have to have a
24:21conviction in order to get this
24:24money and that's all I got to say I'm
24:29seral Ron we have some observations I
24:32guess I should go
24:34first or maybe I could make some
24:37observations for the three of us Mr
24:39Tanner provide you provided to your RoR
24:41some personal views as to his
24:44understanding of his position here and
24:46the the difficulty that he has and I I
24:49think that's legitimate I really do
24:51think Mr Tan this Ro very difficult
24:54hasn't been easy for us
24:56either has been a difficult task when
24:59you're litigating over the life of a
25:01fellow human
25:03being what I would suggest to your honor
25:05and we will not go through aggravators
25:07and mitigators and rehash the evidence
25:10um your honor has heard it and
25:13like I need to speak again can I sure
25:17okay yes ma'am you may you want to wait
25:20till leave through or you want to talk I
25:22just want to make sure he wouldn't cut
25:23me go ahead now okay what I'd like to
25:26also say is that we had two clients that
25:30were willing to testify for me that we
25:32did not bring the medicator factors in
25:34and I was surprised that my lawyers had
25:36me just testify on the stand and then
25:38said defense arrest this case cuz I did
25:40not know this was going to happen we had
25:42a police officer that was going to
25:43verify they misused evidence and that
25:46they falsified reports none of the
25:48evidence I mean all the evidence on the
25:50floor there was half of the stuff was
25:52mine and there was a radio on the floor
25:54that the the one of the victim's family
25:56said yeah that's mine and it isn't it
25:58was our radio and Tyra knows that and
26:00I'm sure I could get a witness to verify
26:02that radio I had before Richard mallerie
26:04was
26:06ever killed and uh I kept all the
26:10weapons in storage none of the weapons
26:12were on the
26:13floor for proof If I ever got busted
26:17that I could prove that these guys use
26:19these weapons on me none of the weapons
26:20were on for
26:23evidence um and we had two clients we
26:26had a police officer there was also um I
26:30had high school friends at least 15 that
26:33I wanted contact if they were not
26:36contacted I
26:38just this case did not for me to testify
26:41for myself it seemed like I just I had
26:44got a total raw raw deal I should have
26:47had my clients should have went up I my
26:50uh uh I mean the officer should have
26:52went up I should have had my high school
26:54friends testifying for me um
26:58I couldn't believe I just got in that
27:00stand for myself and I was telling the
27:03complete truth I was being as honest I
27:05could
27:06be thank you Mr no you may
27:10proceed yes sir what I was going to say
27:13is just to give to your honor some
27:15personal observations certainly
27:18um
27:20we we your honor has a very difficult
27:23job here you've been on the bench quite
27:25a long time and you've seen I dare say
27:28fight a lot more than the three of us
27:30combined
27:32um it is a task that we do not eny and
27:37then hopefully none of us will ever be
27:39in a position to make I know I never
27:41want to be in a position to make the
27:42type of decision your H needs to make
27:47here
27:49we as a people can decide to impose the
27:53death sentence on this wors we can
27:56decide to have have her executed that's
28:00those procedures as your honor know are
28:02about as cold and calculated and
28:04premeditated using those terms as any
28:07procedures can get it's done with a
28:09great deal of formality uh with a great
28:11deal of
28:13calculation what I would suggest to your
28:15honor is
28:17that such a sentence would have would
28:20meet none of the
28:22goals that we consider to be penological
28:26appropriate um no one would be deterred
28:30by a death sentence on his verest surely
28:32Rehabilitation is not an issue um and
28:36the only question is really retribution
28:38and the question is is it worth the
28:42thousands and millions of dollars that
28:43it's going to take to have leeor us
28:46executed is it worth us as a
28:51society is it something we should
28:53do we can do that if we were to do that
28:57we will be doing something something and
28:59I would submit to your honor that we
29:00will be accomplishing
29:02nothing and with that your honor I guess
29:07the M Mr Miller I have nothing to
29:11say right the defendant alen Carol Wayne
29:14Waris being before the court attended by
29:16attorney Trisha Jenkins William Miller
29:18and Billy noce noas her attorney of
29:21record having been tried and found
29:23guilty of crime count one a first degree
29:26PR meditated murder in first degree
29:28felony murder of Richard malerie A Capal
29:31felony and count two arm robbery of a
29:35firearm of arm robbery of Richard
29:39malerie with the firearm and no cause
29:41being shown whether the defendant should
29:43not be adjudicated guilty you're hereby
29:45a judge guilty of set
29:48offenses uh you will be if required by
29:50law compelled to pay $20 to crimes
29:52compensation trust fund and $5 in
29:55accordance with Florida statute 943
29:583.25 sub paragraph 4 I've reviewed your
30:02affida incy find that you're unable to
30:04pay costs and accordingly all calls for
30:06here by
30:08wave as to count two the senten is impos
30:11in accordance with the guidelines
30:13mandated upon this court uh uh by the
30:16state of Florida the defendant being
30:18before the court attended by her
30:20attorney traca Jenkins William Miller
30:22and Billy noas having been adjudicated
30:25guilty here and the court having given
30:26you an opportunity to be heard off for
30:28matter mitigation with sentence no cause
30:30being shown to sentence the law and the
30:32Judgment of this court you ien Carol
30:34warness be imprisoned by confinement
30:36committed the custody Department
30:37Corrections for a term of 10 years from
30:40this date with credit for times here to
30:41for sered in the bluch county jail and
30:44you will be compelled to serve a
30:46three-year mandatory minimum as provided
30:48by Florida statute
30:51775.087 2 as to that's in count two as
30:56to count one uh you will be uh required
30:59to make restitution is entered by
31:02separate order that I am signing at this
31:04time as to count one the defendant Carol
31:07warn us being now before the court
31:09attended by our attorneys tra Jenkins
31:12William Miller and Billy noas and having
31:14been adjudicated guilty of the crime of
31:16first degree premeditated murder and
31:18first degree felony murder a capital
31:20felony and the court having given the
31:23defendant an opportunity to be heard and
31:25to offer matters of mitigation Sen
31:28and to show cause why the Senate of law
31:30should not now be imposed upon you and
31:32no cause being shown I'm filing with the
31:35clerk my written findings in this matter
31:37copies will be made available to the
31:39council when they are available it is a
31:42sentence to law and the judge of this
31:43court that you Eileen Carol War us be
31:46delivered by the sheriff of blci County
31:48Florida with a copy of this sentence
31:49forth with the proper officers of the
31:52Department of Corrections of the State
31:53of Florida and by him safely kept until
31:57by warrant of the governor of the state
31:58of Florida you Eileen Carol warness be
32:01electrocuted until you are dead and may
32:05God have mercy upon your court the
32:07judgments and sentences will be entered
32:09in open court this 31st day of January
32:121992 and my signature attached the court
32:16does now advise you that you that you
32:18have the right to appeal the Judgment of
32:20sentence imposed upon you and upon
32:21showing to the court of your desire to
32:23appeal the Judgment of Senate and should
32:25you be an inent person Council be
32:27appointed to represent you for the
32:30appeal purposes you please step over to
32:32the bail for fingerprinting ma'am
33:20[Music]
33:23out
33:55thank you judge take care
33:58fin

About this transcript

This page contains the full transcript of Aileen Wuornos Verdict and Sentencing for Richard Mallory trial January 31, 1992 by Carol DaRonch, generated from the public captions YouTube serves with the video. The transcript has 4,489 words across 704 segments, with the original timestamps preserved so you can click any line to jump to that moment in the embedded player.

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