Originally Posted - August 27, 2006

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RENSSELAER COUNTY---The murder conviction of Christine Wilhelm, convicted of drowning her four-year-old son in a bathtub and trying to drown her other son, has been reversed by the Appellate Division of state Supreme Court because of incriminating statements made to Rensselaer County social services workers who visited her in her cell without legal counsel present, a violation of Wilhelm's constitutional rights.

Although Wilhelm's attorney, Rensselaer County public defender Jerome Frost, had argued that Rensselaer County district attorney Patricia Angelis had engaged in prosecutorial misconduct, the appeals court did not specifically address that claim in view of the reversal on the right to counsel issue. However, the court said that while "prosecutors have wide berth to advocate for their case, there are limitations….and should not seek to lead the jury away from the issues by drawing irrelevant and inflammatory conclusions which have a decided tendency to prejudice the jury against the defendant". The court cautioned DeAngelis' office to abide by "well-settled principles" upon the retrial that has been ordered.

When Wilhelm, 42, was convicted in 2003 of drowning her four-year-old son Luke in the bathtub and trying to do the same to five-year-old Peter, critics said that Wilhelm was mentally ill and shouldn't have been taken to trial. Her attorney says that she was seeing werewolves the night she drowned her son. He also says that DeAngelis, then an assistant district attorney, denied Wilhelm mental treatment.

DeAngelis pushed for a harsh sentence for the woman who was serving 50 years in prison---25 years to life for murder at Bedford Hills Correctional Facility and another 25 years to life term for attempted murder.

The jury had rejected Frost's trial defense that Wilhelm was not guilty by reason of mental disease or defect.

Wilhelm had been convicted of killing four-year-old Luke at her family's home in Hoosick Falls on April 15, 2002, and for trying to kill 5-year-old Peter who escaped.

In September 2001, defendant was diagnosed with a psychotic disorder, a condition that caused her to fear that her husband belonged to a cult and planned to torture or murder their two sons, Peter and Luke (born respectively in 1996 and 1998). She was hospitalized twice and prescribed various medications, which she periodically stopped taking due to unpleasant side effects. On the early evening of April 15, 2002, she had been off her medication for approximately a month when she tied a dog leash around five-year-old Peter's feet and lowered his head into a bathtub filled with water. When Peter struggled and asked her to stop, she pulled him from the water, apologized and helped both of the children dress in pajamas. Defendant's parents telephoned her and, after defendant described her attempt to drown Peter, she reassured them that she would call the police. Defendant did not call the police, however, because her parents evidently informed her that her husband would get custody of the children if she did so.

Instead, Wilhelm carried four-year-old Luke, who had fallen asleep, to the bathtub and placed him under the water. When he struggled, she pulled Luke from the tub, resuscitated him and placed him back in bed with Peter. After lying down with both boys for a time, Wilhelm observed that Luke's breathing was labored and that his stomach was hot. She then told him that she would "go to jail for [him]," took him back to the bathroom and placed him face up beneath the water in the tub, holding him down until he stopped struggling. She called 911 and informed the dispatcher that she had killed her son.

Officer Anthony Silvestro, the first police officer on the scene, arrived at the Wilhelm home at approximately 2 a.m. on April 16, 2002 and she informed Silvestro that she had killed her son and that the death was a "mercy killing." She showed Silvestro the body in the tub and told him that Luke had died 20 minutes earlier. Silvestro placed Wilhelm under arrest, handcuffing her and putting her in the back of his police car. He then went to find Peter, who was still sleeping. Upon awakening, Peter told Silvestro that "Mommy drowned me," and described the earlier incident with the leash. Peter also mentioned his brother and told the officer that his mother had drowned Luke.

After separate rescue squads took Luke and Peter from the house, Silvestro read defendant her Miranda rights, to which defendant responded that she had killed her son but would not speak further without a lawyer.

Thereafter, Silvestro drove defendant to the Village of Hoosick Falls Police Department, where she was placed in a holding cell at approximately 4:30 a.m. Two hours later, she was interviewed by two police investigators regarding whether her husband was responsible for signs of suspected sexual abuse found on Luke's body. Although the investigators informed defendant that they did not wish to discuss Luke's drowning, defendant informed them that the incident was "an act of mercy" because her husband was sexually abusing the children.

Later that morning, Wilhelm was placed on active supervision because she was considered to be suicidal and was briefly monitored by DeAngelis while Wilhelm used the bathroom. She was also supervised by a police matron, Catherine Duket, to whom she confessed to killing Luke. Following her arraignment at approximately 2 p.m., Wilhelm was interviewed by Casi Maloney and Kathleen McGarry, caseworkers from Child Protective Services who were investigating a hotline report regarding her abuse of Peter and Luke. In describing the incident to the CPS caseworkers, Wilhelm stated, among other things, that she initially pulled Luke out of the bathtub and resuscitated him because she knew that what she was doing was wrong. She also informed the CPS caseworkers that she had brought the children into her relationship with her husband and that she needed to fix the situation "by taking care of it, meaning drowning the kids." It is undisputed that the People did not provide notice pursuant to the law of their intent to offer evidence of defendant's statements at trial.

On April 19, 2002, Wilhelm was charged in an indictment with three counts of murder in the second degree and one count of attempted murder in the second degree. Her attorney served a notice of intent to offer psychiatric evidence at trial, intending to show that she lacked responsibility for her crimes because she was insane at the time they were committed. Rensselaer County Court Judge Patrick McGrath denied Wilhelm's subsequent motions to suppress her admissions to Duket, to preclude her statements to the CPS caseworkers and for a mistrial, and quashed her subpoena to call DeAngelis as a witness.

Following trial, a jury found Wilhelm guilty of one count of murder in the second degree and one count of attempted murder in the second degree, rejecting her insanity defense. Judge McGrath sentenced her to an aggregate prison term of 50 years to life.

In an unanimous decision written by Judge Thomas Mercure, the appellate court concluded that Wilhelm's statements to the CPS caseworkers were admitted in violation both of her right to counsel and Criminal Procedure Law and the error cannot be said to be harmless.
http://www.courts.state.ny.us/reporter/3dseries/2006/2006_06296.htm

"The People must give notice to the defendant whenever they intend to offer at a a trial….evidence of a statement made by a defendant to a public servant which would be suppressible if involuntarily made". The court found that the CPS caseworkers were part of a team that included members of the district attorney's office, police and social services agencies. "Under the circumstances, we conclude the caseworkers' conduct was so pervaded by governmental involvement, it constituted state action", the court held.

Although social workers are generally not considered to be agents of the police, the court said in this case the CPS caseworkers had a "cooperative working arrangement" with and were acting as agents of the police and prosecutor.

Wilhelm is a diagnosed paranoid schizophrenic, according to Frost, who is incapable of understanding her actions or to stand trial. It is likely she will be institutionalized the rest of her life.

Frost wrote in his appeal brief that prosecutorial misconduct by DeAngelis deprived Wilhelm of a fair and that a reversal of the Wilhelm's conviction was mandated. He said there was a "litany of prosecutorial misconduct" by DeAngelis which included attacking Wilhelm's exercise of her right to counsel, accusing her of other crimes, asserting arguments without factual basis and even contrary to the fact, denigrating Wilhelm, her defense and her attorney, her expert witnesses and making herself an unsworn witness.

"Ultimately the DA's argument degenerates into an emotional diatribe made up of distortions of the facts and law and appeals to the jurors' emotions".

Although the Wilhelm reversal was based on denial of right to counsel, charges of prosecutorial misconduct against DeAngelis are piling up with at least four previous convictions overturned due to her misconduct.

Although the matter has been remanded for new trial, there are several other options that could occur. DeAngelis and her office could appeal the ruling to the Court of Appeals or a plea bargain deal could be reached.

Frost has said that if the matter is retried, that he would not represent Wilhelm and that Albany defense attorney Stephen Coffey has indicated he would represent Wilhelm pro bono.

Frost has also said that the venue of the trial should be moved from Rensselaer County and that a special prosecutor should be appointed to remove DeAngelis from the case. 8-27-06

© 2006 North Country Gazette