MI, Murder verdict a relief for tot's mom
Mark Fenster
Murder verdict a relief for tot's mom
March 17, 2004
BY FRANK WITSIL
[Detroit]FREE PRESS STAFF WRITER
A family clung together as it braced for the verdict.
No matter what, Oakland County Assistant Prosecutor Gregory Townsend
told them Tuesday, they had to maintain the decorum they had shown
throughout the two-week trial.
Then came the verdict: Nikole Frederick of Novi was guilty in the
first-degree murder of 2-year-old Ann Marie Shawley.
One family tried to hold back tears of pain, having heard justice for
the toddler. Another family, on the other side of the courtroom, wept
for the woman who will spend the rest of her life in prison.
The jury said the evidence showed Frederick, 24, killed her
stepdaughter Ann Marie in a horrendous way: Ann Marie was burned and
beaten.
Frederick, who will be sentenced in Oakland County Circuit Court on
March 30, faces a mandatory term of life imprisonment. Her husband,
John Shawley, 24, was not charged.
"Finally, she can rest in peace, and it's over," said Ann Marie's
mother, Rae Anna Schmidt, 25. "I just can't believe I trusted them,
and this is what happened."
After the verdict, jurors met privately with Schmidt to tell her that
she had a beautiful daughter and that they were sorry she died,
Schmidt said. Jurors also met with the family in the courtroom. They
talked about the trial and hugged.
The jurors expressed little sympathy for Frederick.
"I definitely think she deserved what she got," said Ken Evans, 23, of
South Lyon. "There is some talk about having a death penalty. This
would be a case of someone who deserved it."
Jurors said they decided Frederick was guilty in about 15 minutes
Monday afternoon, but they needed time Tuesday to determine whether
the murder conviction should be in the first or second degree.
Late last summer, Ann Marie and her 4-year-old sister left the home of
Schmidt, 25, in Emmett near Port Huron to spend the weekend with
Shawley and Frederick in Novi. On the night of Aug. 31 or early
morning of Sept. 1, Ann Marie was ill.
She was taken to Providence Park Hospital in Novi and then to Beaumont
Hospital in Royal Oak, where she died on Sept. 2. But there was
evidence she was muffled with duct tape, burned with a lighter and
beaten.
Frederick's attorney, Michael McCarthy, argued in court that Ann
Marie's death was an accident. He said she was sick, Frederick was
tired, and the stepmother took the little girl to the bathroom, where
she hit her head.
But the jury didn't find that explanation credible.
Frederick did not testify.
Jurors said they concluded that the evidence, which included
photographs of the injured child, showed Ann Marie had been abused and
murdered. There was little question of that, they said.
Just before the verdict was read, Ann Marie's grandfather, Mark Craig,
52, of Redford Township sat still, closed his eyes and prayed. He held
the hand of his wife, Deborah Craig, 48.
In memory of Ann Marie, Mark Craig tattooed her name on his chest. And
Deborah Craig wears a heart-shaped locket with photos of the little
girl who called her Wa-Wa.
Since the start of the trial, members of both families -- the victim
and the accused -- have been sitting through emotional testimony. But
there also has been tension between them.
On Friday, John Shawley and his nephew Drew Bally, 19, were arrested
at the courthouse and jailed for disobeying Circuit Judge Colleen
O'Brien's order not to speak to the victim's family.
They pleaded guilty to that on Tuesday morning. O'Brien released them
and told them not to come back. Neither were present when the verdict
was read.
Some jurors said the case would be with them for a long time.
"I felt so bad for the family," said Krystine Newberry, 19, of Troy.
"There is nothing I can say to them that will make them feel better.
None of us have been able to sleep. We just have the photos in our
heads."
Now, perhaps, she will be able to rest.
She added: "It will be easier to sleep with the justice."
Messalina
> 'FINALLY, SHE CAN REST IN PEACE':
> Murder verdict a relief for tot's mom
> March 17, 2004
>
> BY FRANK WITSIL
> [Detroit]FREE PRESS STAFF WRITER
>
> A family clung together as it braced for the verdict.
>
> No matter what, Oakland County Assistant Prosecutor Gregory Townsend
> told them Tuesday, they had to maintain the decorum they had shown
> throughout the two-week trial.
>
> Then came the verdict: Nikole Frederick of Novi was guilty in the
> first-degree murder of 2-year-old Ann Marie Shawley.
>
> One family tried to hold back tears of pain, having heard justice for
> the toddler. Another family, on the other side of the courtroom, wept
> for the woman who will spend the rest of her life in prison.
>
> The jury said the evidence showed Frederick, 24, killed her
> stepdaughter Ann Marie in a horrendous way: Ann Marie was burned and
> beaten.
>
> Frederick, who will be sentenced in Oakland County Circuit Court on
> March 30, faces a mandatory term of life imprisonment. Her husband,
> John Shawley, 24, was not charged.
>
What is the criteria for the death penalty in Michigan? This woman should fry.
Mez
Mark Fenster
Mez,
Michigan does not allow the death penalty.
Fenster
*********************************************
State debates death penalty ban
By Michael Gurovitsch, Daily Staff Reporter
February 20, 2004
Rep. Larry Julian (R-Lennon) introduced a resolution to the state
Legislature Wednesday that seeks to reverse Michigan's constitutional
ban on the death penalty, which dates back to 1846.
In order to amend the constitution, a two-thirds majority in the House
and the Senate, as well as voter approval, is needed.
The current language of the constitution states: "no law shall be
enacted providing for the penalty of death." Julian said he wants to
add the words "except for first degree murder" to the end.
Julian, a 27-year veteran of the state police, said he has always
advocated capital punishment for the most "heinous" criminals.
"We need to send a message loud and clear to these people. You may
well pay for this with your life," Julian said.
Gov. Jennifer Granholm opposes the measure. She is particularly
concerned that capital punishment does not act as a deterrent and has
the possibility of killing innocent people, spokeswoman Mary Detloff
said.
"Other states are in the process of dismantling the death penalty laws
because of the error rate of people who end up on death row
wrongfully," Detloff said. "Michigan does not need to go against the
tide on this. Michigan has been an anti-death penalty state."
Julian, who unsuccessfully tried to get a similar resolution passed in
1999, said he would make sure that nobody is wrongfully executed in
the state through stringent burden-of -proof standards, which would be
adopted after the constitution was amended.
"The statute (would be) clear and convincing," he said.
The proposal comes just days after two Detroit police officers were
murdered while conducting a traffic stop.
Julian said he introduced the legislation now because he felt like
"the timing was right," adding that the composition of the state
Legislature had changed — presumably in favor of the death penalty —
due to term limits since his previous attempt in 1999.
Thirty-eight states currently have the death penalty, although five of
those states have not executed anyone since 1976. Several Southern
states, such as Florida, Texas and Louisiana use the death penalty
several times a year.
Texas has already executed six prisoners this year and killed 24
people last year according to the state department of criminal
justice.
In 2003, former Illinois Gov. George Ryan commuted all 156 death
sentences, before leaving office.
He said he felt the death penalty deliberately targets minorities and
poor people, as well as the possibilities of executing someone
innocent.
Students on campus cited philosophical reasons for opposing the return
of the death penalty to Michigan.
LSA senior Andy Park, who is from Illinois said his views have been
shaped by his state's practices.
"Capital punishment in general is wrong and the criminal justice
system isn't very (effective)."
LSA senior Velma Hutchins said she is against the death penalty
because it is morally wrong. She said emotion too often distorts
judgments when murder is involved"I definitely feel it's not our place
to punish people by death. … It would make us similar to (the
murderers)."
DedNdogYrs
fry.>
All of the states around the Great Lakes don't have any death penalty.
Wisconsin and Minnesota can live without it but Michigan could use it,
considering the kinds of heinous murders they have.
Dogs & children first.
CBZ
"DedNdogYrs" <dednd...@aol.com> wrote in message
news:20040319061639...@mb-m03.aol.com...
> <What is the criteria for the death penalty in Michigan? This woman
should
> fry.>
>
> All of the states around the Great Lakes don't have any death penalty.
New York does
CBZ
should
> fry.>
>
> All of the states around the Great Lakes don't have any death penalty.
DedNdogYrs
<Ohio, Illinois, Pennsylvania, & Indiana too>
I always thought of Minnesota, Michigan, and Wisconsin as the "Great Lakes
states" which don't have a death penalty because they were settled largely by
Scandinavian people, who have a more humane way of dealing with people. I
thought they were the only states near the larger lakes. I know the other
states mentioned have a death penalty; I just know more about that than
geography I guess.
Dogs & children first.
CBZ
It piqued my curiosity, I'm in NYS (--2 great lakes--) and knew we have the
DP :)
tinydancer
I think Minnesota has more of the Scandinavians, Wisconsin has an abundance
of German's, hence the beer. ;-)
td