Barbie2004
Commander
Joined: 18 Sep 2004
Posts: 338
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 Posted: Wed Mar 23, 2005 7:13 pm Post subject: Woman Gets 30 Years for Killing Disabled Husband |
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I guess she should have gone to Judge Greer!
Gosh, if you want to kill your spouse, all you gotta do is move to Florida, strangle your spouse for say, 5 minutes, just long enough to stop breathing to cause brain damage, then. . . .
Go to Judge Greer's court and tell him that your spouse told you that s/he would like to die.
He will gladly "order" the murder of your spouse and your scot-free!!
http://www.chron.com/cs/CDA/printstory.mpl/metropolitan/3098608
| Quote: | March 23, 2005, 6:04AM
Wife gets 30 years in disabled husband's death
Ruling comes after the defendant chose to allow the stalled jury to keep deliberating
By ERIC HANSON
Copyright 2005 Houston Chronicle
RICHMOND - A woman was given a 30-year prison term Tuesday for murdering her quadriplegic husband, whose badly charred body was found in a house fire she is accused of starting.
When the Fort Bend County jurors told the judge they were deadlocked Monday, Tara Poche was given the choice of a mistrial or the option of having the jurors deliberate further.
She lost her gamble when the jury went back to work and then returned with a guilty verdict Tuesday morning in the Jan. 27, 2003, death of her husband, Sterling Poche, 38.
"I felt the more they deliberated, they would hopefully all deliberate in my favor," Tara Poche, 35, said in an interview after being sentenced.
Instead of opting for a mistrial and starting the trial anew, Poche told state District Judge Cliff Vacek she wanted the jurors to try and reach a decision.
Poche faced the choice Monday afternoon when jurors, who had been deliberating since Friday afternoon, sent a note to the judge saying they were locked 7-5 in favor of conviction. Poche was aware of the count.
After she chose further deliberation, the jury met until nearly 9 p.m. Monday before halting for the night.
They returned to the jury room Tuesday morning and about an hour later came back with a guilty verdict. In all, the jury deliberated about 19 hours.
Poche showed no reaction when the verdict was read.
However, after the trial Poche sobbed, saying the verdict was wrong and she did not kill her husband.
"I love him and I miss him and I just wish he were still here so he could tell people this is ridiculous. It is not fair, it is not fair," she said.
Poche also said she does not consider the 30-year sentence to be a small consolation in light of the fact that the state had offered her a 50-year plea bargain before the trial.
"It could have been for one day (plea sentence), I was not going to plead guilty for something I did not do," she said.
Poche repeatedly claimed during testimony that she did not start the fire and kill her husband, whose badly burned body was found on the floor of their bedroom.
The couple's home near Sugar Land was destroyed by the blaze, which Poche claimed started accidentally.
However, prosecutors presented evidence from state and federal fire investigators saying the fire was set deliberately.
The autopsy showed Poche was dead before the fire started and that he likely died either from smothering or strangulation.
Prosecutors claimed Poche killed her husband because he planned to divorce her and she was afraid of losing his monthly disability check of $6,400.
The state also contended that Poche stood to gain about $250,000 in life and home insurance.
Sterling Poche was paralyzed in an auto accident in 1990 while in the Army.
In closing arguments during the punishment phase, defense attorney Don Hecker asked the jury for a five-year sentence, saying Poche had no history of violent crimes, was capable of being rehabilitated, and posed no threat to society.
But Assistant District Attorney Michael Elliott asked for a life sentence, saying Tara Poche killed a defenseless man.
"How do we protect the next Sterling Poche she may come into contact with? That is your job," Elliott told jurors.
Even though the 30-year term was less than Elliott asked for, he was pleased.
"They (jury) did good and we are happy with the verdict," Elliott said.
Hecker said he considered the 30-year sentence to be a small victory.
"So far we are 20 years ahead of the offer we could have taken prior to trial," Hecker said.
Hecker pointed out there is an arson charge still pending against Poche.
Elliott said prosecutors have not decided if Poche will be tried on the arson charge.
Poche must serve at least half her sentence before she is eligible for parole. |
BTW: Where is NOW on this??
Schiavo gets a court ordered "contract killing" with immunity and this woman gets 30 years????
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