Kosilek v. Department of Corr, et al #justiceforcheryl (USA)

The U.S. Supreme Court declined to hear the appeal of Robert Kosilek, a man who murdered his wife and subsequently decided he wanted  a sex change. He is serving a life sentence with no possibility of parole.

We hope we never hear about Robert Kosilek ever again. As a reminder, this is what he did to Cheryl McCaul:

The victim’s body was discovered in the back seat of her automobile in a shopping mall parking lot in North Attleborough on the evening of Sunday, May 20, 1990, after the mall had closed for the evening. She had been strangled with a rope and a wire.

A taxicab driver testified that he picked up the defendant from the same mall on the afternoon of May 20 and drove him to a store located about one-half mile from the defendant’s house in Mansfield. That evening, police in North Attleborough received a telephone call from the defendant stating that his wife had not come home that evening and asking whether there had been any report of an automobile accident in which she might have been involved. The police told the defendant that they had located his wife’s automobile, and they asked him to come to the police station, which he agreed to do. At the defendant’s request, an officer was sent to pick him up and bring him to the station. (The officer who drove the defendant to the police station testified that he smelled alcohol on the defendant’s breath.)  At the station, Lieutenant Michael Gould informed the defendant that “a body was found in the back seat” of his wife’s automobile. Gould questioned the defendant about his actions and the victim’s actions during the day. The defendant stated that the victim had gone to work for part of the day and intended to stop at the mall on the way home; he also said that he had spent the day working around the house. (Police officers who were present at the first interview testified that the defendant appeared sober, aware, and alert throughout the questioning.)

The following day, May 21, 1990, the defendant was  again asked to come to the police station to speak with Gould. During the interview, Gould advised the defendant that he was a suspect and informed him of his Miranda rights. Gould told the defendant that the police had spoken with the victim’s son, Timothy McCaul, who had lived with the defendant and the victim. McCaul told the police that he had been working during the day of the murder, that he called home at about 5 P.M. to ask for a ride home, and that no one answered the telephone. The defendant noted that Timothy often dialed wrong numbers, and he suggested that he may have been in the shower at the time of the call and failed to hear it. During this second interview with police, the defendant excused himself to go downstairs for cigarettes. Once downstairs, the defendant called up to the officers that he was going to get a lawyer, and left.(Again, the police officers testified that the defendant did not appear to be under the influence of alcohol or drugs.)

On May 22, 1990, shortly after midnight,   the defendant was involved in an automobile accident in Bedford. When a police officer arrived at the scene, he observed the defendant, dressed in women’s clothing, seated in his vehicle, which had crashed into a stop sign and some shrubs. The officer administered field sobriety tests, determined that the defendant  was not intoxicated, and called a taxi to drive the defendant home.

Two days later, on the afternoon of May 24, 1990, police in New Rochelle, New York, stopped the defendant for speeding. After the officer observed a bottle of vodka, two-thirds full, and two cans of beer in the automobile, and smelled alcohol on the defendant’s breath, he arrested the defendant for driving while intoxicated and brought him to the police station. At some point, the defendant remarked to the arresting officer, “You would be drunk too if the police thought you killed your wife.” Later, at the New Rochelle police station, the defendant stated, “Look, I had a fifteen year old son and a wife. I can’t call my wife. I murdered my wife. Now, I need to call a psychiatrist now.” The defendant was taken to the psychiatric unit of a New York hospital and subsequently was brought back to Massachusetts  by the Massachusetts State police.

About two and one-half years later, in October of 1992, the defendant gave a series of  recorded interviews to a television news reporter. An audiotape recording of one of the interview sessions was played for the jury. During the interview, the defendant stated that: on the day of the murder, he and the victim had been in an argument; the victim threw boiling tea into the defendant’s face; he then knocked the victim down; she grabbed a butcher knife and chased the defendant into another room, threatening to kill him; he picked up a piece of wire that had been on a table; and this was all he was able to recall until he woke up days later in the hospital. The defendant stated in the interview that he “probably, because of the trauma of it . . . went into a black out at that moment.” He also said, “Apparently, I did take her life. It was probably in self-defense.”

2 thoughts on “Kosilek v. Department of Corr, et al #justiceforcheryl (USA)

  1. Men who murder women always claim she provoked him. And, of course, she is not here to claim otherwise.

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