Two brothers accused of one of the most outlandish and violent murders we’ve ever reported went to trial last week – and tonight one of them is a free man. But John Chessman wasn’t declared not guilty by a jury, he was set free basically because the court was convinced that the police had used force to get him to confess. Jacqueline Godwin has more on the background of the crime and what happened in court today.
Jacqueline Godwin Reporting,
Mara Naomi Garcia was killed in June of 2005 inside this home in the Hollywood area of Ladyville. She worked as the maid and was home alone when two burglars –allegedly minors - entered. They slit her throat with a Japanese sword
that the owner of the home kept as a decoration and then helped themselves to what was in the house.
A sensational crime, but one of the two accused of the brutal murder of the twenty year old went free today. 18 year old John Chessman Jr. went to trial on Thursday –but before the hearing was finished, the case was thrown out and he was set free and he wasted no time in bolting from the building. From all indications it’s because of an investigative blunder at the Ladyville Police Station.
On June fourteenth, 2005 Chessman was arrested for an alleged burglary that occurred on the day of the homicide but while being interviewed he reportedly incriminated himself in the murder. But according to DPP’s Senior Crown Counsel Cecil Ramirez the police erred when they failed to inform John Chessman Jr. of his constitutional rights.
Cecil Ramirez, Senior Crown Counsel
“The judges ruling was that because the police on arrest and even at the giving of the statement by John Chessman failed to inform him of his constitutional rights. He was originally arrested for an alleged burglary near the then sewing factory on the Northern Highway. The connection to this trial
and for him being charged has to do with information which allegedly he gave the police whilst detained for the burglary that he was detained for, the alleged burglary.
On the day in question, the 14th of June 2005, according to the evidence given by the police from the time when he was arrested some time in the morning to about 2 o’clock in the afternoon when the statement was taken, he was not informed of his constitutional rights. Although the parent, his father and his aunt were invited to the police station, but the judge ruled that from the evidence that they were only told that they were invited to witness the recording of a statement and the constitution requires more than that. So I informed the court that the prosecution had no further evidence to offer to the court and the jury against John Chessman Jr.”
According to defense attorney Simeon Sampson his client incriminated himself but also claims he was beaten. It is a matter that Sampson says the prosecution did not challenge and that also factored in today’s ruling
Simeon Sampson, Defense Attorney
“He said the police applied violence upon his body, especially his Inspector Casey of the Ladyville Police formation at that time. So we went into this voir doire, the prosecution did not call Casey to the stand even though Casey was the principal person that Chessman accused of inflicting all this brutality upon him. So the judge therefore entertained a doubt since the accused Casey, Casey didn’t come forward to deny so the judge dropped the statement and that statement was the only evidence against Chessman and Chessman had to be free a short while ago.”
While John Chessman Jr. is now a free young man his brother Robert Gillett who pleaded guilty to manslaughter will be sentenced later this month.
Cecil Ramirez,
“He pleaded guilty to the lesser crime of manslaughter and he is to be sentenced on the 29th of April.”
Simeon Sampson,
“I might have been better for him not to plead guilty but God knows I can’t venture into speculation.”
For 7NEWS, Jacqueline Godwin.
And while Chessman is free of the murder charge, he is out on bail for the associated burglary charge. The items stolen include two samurai style swords – one of which was allegedly used of the murder weapons and was recovered by police.
Now, as was noted in the story, his older brother Robert Gillett – defended by Anthony Sylvester and Kareem Musa, pleaded guilty to the lesser charge of manslaughter. He will be sentenced on April 29th and faces a minimum of 15 years to life.
