Legal Studies Forum
Volume 29, Number 2 (2005)
reprinted by permission Legal Studies Forum
CRIMES GONE BY
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Collected Essays of Albert Borowitz
1966-2005
THE "FATAL ATTRACTION" MURDER *
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Even before the facts were known in detail,
journalists as well as the police had decided that the case of Carolyn
Warmus showed that Nature was up to her old trick of imitating Art. Within
days of Warmus's indictment in February 1990 for the murder of her lover's
wife, Betty Jeanne Solomon, a year before, the press labeled the prosecution
a real-life "Fatal Attraction" case, identifying the defendant with the
character played frighteningly by Glenn Close in the popular 1987 movie
that happened to have been filmed in Westchester County, to the north of
New York City, where Mrs. Solomon was killed. In the view of New York
Times film critic Caryn James, it was "safe to guess that Glenn Close
made Carolyn Warmus the celebrity she is today."
The parallel that reporters drew between the
murder of Betty Jeanne Solomon and the "Fatal Attraction" film was hard
to resist, because the police and the prosecution shaped the image of blonde
Carolyn Warmus as a woman obsessed with her former lover, Paul Solomon,
who had wanted the freedom to move on to other infidelities. The police
investigators released stories that Warmus had, since her college years,
established a pattern of pursuing married or unavailable men.
The daughter of a wealthy insurance executive,
Warmus grew up in suburban Detroit and received her undergraduate degree
in psychology from the University of Michigan. Her classmates recalled
that she took her dates with Paul Laven, a pre-med teaching assistant,
so seriously that she became a convert to his religion, Judaism. When,
however, Laven broke off the relationship and became engaged to another
woman, Warmus undertook a relentless campaign to win him back. She called
the couple and left long messages on their answering machine, annoyed their
friends, and deluged them with notes. One message, left on the windshield
of Laven's car, falsely claimed that Carolyn was pregnant and begged him
to call her. Another, sent to Laven's fiancee and filled with misspellings
to disguise Warmus's authorship, insisted that the woman stood no chance
of competing with Carolyn's more voluptuous figure and newly-acquired tan.
Finally, the couple were forced to obtain a restraining order against their
persecutor in a Michigan court to ensure that she would not attempt to
ruin their wedding.
After her college graduation, Carolyn Warmus
moved to New York City, where she earned a master's degree in education
from Teacher's College at Columbia University and went on to serve as a
substitute in school districts of Westchester County for teachers who were
on maternity leaves. In the New York area the skein of romantic fixations
that
[695]
had begun back home in Michigan continued to lengthen. She hired a private
detective, Vincent Parco, to trail a married New Jersey bartender whose
affection for her had slackened. Together, she and Parco devised the idea
of superimposing photographs of Warmus in sexy poses upon pictures of the
bartender, apparently with the intention of mailing the resulting montages
to his wife. Parco was just the man for such a deception, since he taught
a Learning Annex course to aspiring snoops, entitled "How to Get Anything
on Anybody." Inculcating the priceless lessons of his craft in classes
held on the premises of Manhattan's swanky Birch Wathen School, Parco taught
his students how to hide a video camera in a purse or a looseleaf notebook,
and how to obtain unlisted telephone numbers by consulting reverse directories
or examining registration records at the Board of Elections.
The collaboration of Warmus with Parco was
a blending of kindred spirits, because the young teacher was herself adept
in fraud and forgery. She successfully carried off her first swindle after
graduation from college, when she was working as a waitress at the Jukebox,
a popular 1950s-style dance club in Royal Oak, Michigan. The club manager,
Debbie Mullins, explained to a Newsday reporter how Warmus's scheme
was accomplished:
Warmus was accused of running credit cards through
an imprinting machine two or three times, using one imprint for the credit
card customer and the others for customers who would pay in cash. Warmus
. . . would then pocket the cash she collected rather than put it into
the till. Federal agents were brought in to investigate, but they could
not find enough evidence to bring charges against her.
Several years later, Carolyn again had recourse
to forgery, this time to establish an alibi as a defense to a damage claim.
In 1987, a woman identifying herself as Carolyn Warmus was involved in
an automobile accident. Subsequently, Warmus wrote to the other driver
involved, stating that she had been chaperoning a school trip in Washington
on the day of the accident and offering as proof a letter signed by a school
official, Dr. Richard Sprague. Later Sprague denied both that he had written
the letter and that Warmus had attended the class trip to which she had
referred.
In September 1987 Carolyn Warmus, then twenty-three,
met Paul Solomon, who was thirty-eight, when she began teaching at the
Greenville School in the Edgemont School District in Greenburgh, Westchester
County; she later moved on to the Byram Hills School District in nearby
Armonk, where she taught computer science, but Solomon remained at the
Greenville School. Betty Jeanne Solomon, Paul's wife, was an account executive
with the Continental Credit Corporation in Harrison,
[696]
New York, and she and her husband lived with their daughter Kristan
(thirteen years old in 1987) in a condominium on South Central Avenue in
Greenburgh. The marriage bond between the Solomons was apparently not very
strong; Paul admits to having had two brief affairs before meeting Carolyn
Warmus, and he suspected Betty Jeanne of carrying on a relationship of
several years with her former boss.
Some months after their first meeting, Carolyn
Warmus and Paul Solomon embarked on an affair which featured sexual encounters
in her apartment above the comedy club "Catch a Rising Star" on Manhattan's
east side, as well as in hotel rooms and Warmus's car. Doing her best to
keep the liaison a secret, Warmus took on the role of a friend of the whole
Solomon family, showering Kristan with gifts and taking her on a skiing
trip. It was on this excursion that Warmus confessed to the teenager a
fear that Betty Jeanne Solomon did not like her very much. Kristan tried
to persuade her to the contrary, but "deep down" she knew that Warmus's
concern was well-founded. In August 1988, when Paul Solomon had briefly
stopped seeing her, Warmus confided to a college friend, Ryan Attenson,
of Southfield Michigan, that her relationship was not "progressing in a
manner with which she was comfortable"; she spoke of her desire to engage
a private investigator to prove to her errant lover that his wife was cheating
on him.
Shortly before midnight on Sunday evening,
January 15, 1989, police in Greenburgh received a call from Paul Solomon,
who had returned home to find his wife murdered. Betty Jeanne was lying
on the living-room floor; she had been pistol-whipped about the head and
had nine bullet wounds in her back and legs. None of the neighbors had
heard the shots, there was no sign of forced entry, and the only indication
of a struggle was a disconnected telephone; police photographed a black
woolen glove near the corpse.
At first, the investigation focused on Paul
Solomon. After initially telling Greenburgh detectives that he had spent
the evening bowling near his home, he admitted that he had stopped only
briefly at the bowling alley and had spent the evening with Carolyn Warmus
at the Holiday Inn in Yonkers, New York. After drinks in the motel's Treetops
Lounge, followed by hamburgers, french fries and some oysters, the couple
had repaired to Warmus's red Hyundai car, in which, as she later told the
police, they performed a sex act; Carolyn specified in her statement that
during their lovemaking she occupied the driver's seat. Witnesses came
forward to confirm that they had seen Solomon at the bowling alley and
later in Warmus's company at the Holiday Inn.
After some months, police suspicions shifted
from Solomon to Warmus. One of the reasons for heightened interest in Carolyn
was evidence of her relentless pursuit of Paul Solomon after the murder.
In
[697]
June 1989, after Solomon broke off his relations with Warmus, she followed
him to Puerto Rico, where he was vacationing with a new girlfriend, Barbara
Ballor. Posing as a police officer, she called Ballor's family from the
island, urging them to end the romance. An even more startling development
in the investigation was receipt of a tip that in early January 1989, shortly
before the murder, Carolyn had purchased from private-eye Vincent Parco
a handgun equipped with a silencer.
On February 2, 1989 Carolyn Warmus was indicted
for second-degree murder and the possession of an unregistered firearm.
Six months later, however, the indictment was dismissed by Judge John Carey,
on the ground that the state had not disclosed to the grand jury the fact
that Vincent Parco had been granted immunity from prosecution in exchange
for his agreement to testify about his sale of the pistol to Warmus. The
prosecutors promptly obtained a fresh indictment, and the widely heralded
"Fatal Attraction" trial of Carolyn Warmus opened on Thursday, February
14, 1991, in Westchester County Courthouse, where headmistress Jean S.
Harris of Madeira School had been convicted of murdering Dr. Herman Tarnower
a decade earlier. The prosecution team was headed by thirty-eight-year-old
Assistant District Attorney James A. McCarty, and David L. Lewis defended
Carolyn Warmus. Lewis was president of the New York Association of Criminal
Defense Lawyers and a director of the National Association of Criminal
Lawyers; he had acted as a trial lawyer for the former Panamanian dictator,
General Manuel Noriega, and was accustomed to trying cases in the limelight.
Judge John Carey presided; and a jury of eight women and four men was selected.
The jurors scanned with understandable interest the features of the celebrated
defendant, whose appearance was described by the Newsday reporter
with a mixture of attentive observation and prurient imaginings:
Her thick blonde hair is cut in a neat, chin-length
chop. Just enough makeup coats her milky-white skin to hide a large crop
of freckles. It is easy to imagine her long legs, hidden by a modest black
skirt, in the gym shorts and sneakers of her athletic, teenage years. But
then the smile is oddly cut short by a hard blink of her eyes and a quick,
convulsive grimace. It is a startling, spasmodic reaction, almost a nervous
tic -- and it periodically breaks on the smooth planes of Carolyn Warmus's
face. Her apparent confidence is gone for an instant, and in its place
one sees a flash of the troubled history that has been so widely reported
in the media since she was indicted a year ago.
In his opening statement, prosecutor McCarty told
the jury that Warmus was driven by a "consuming desire to possess" Paul
Solomon. The evidence was circumstantial but, "like pieces of a puzzle
. . . would
[698]
reveal a clear picture of the killer of Betty Jeanne Solomon: the defendant,
Carolyn Warmus." The proof would include testimony from private investigator
Parco, who had sold Warmus a gun and silencer, as well as telephone company
records of a call on the day of the slaying made from the defendant's apartment
to a gunshop where she later bought bullets, using as false identification
a driver's licence that she had stolen from a secretary in an office where
Warmus worked in the summer of 1988. The Solomons' marriage had had its
ups and downs over the years, McCarty admitted; both husband and wife were
having affairs, but they were "not ready to call it quits." In the summer
of 1988, after Solomon temporarily ended his relationship with Carolyn
Warmus, she wrote him notes, gave his daughter Kristan extravagant gifts,
and told her college friend Ryan Attenson that Paul Solomon was the perfect
person for her. The only obstacle was Betty Jeanne Solomon, and the defendant
had made it clear to Attenson that she would do anything to get her out
of the picture so that she could take her place in the household.
David L. Lewis responded for the defense by
arguing that the case was not about the impropriety of Warmus's adulterous
affair, and that her love for Paul Solomon did not demonstrate her guilt.
There was no physical evidence, he emphasized, to show that Warmus was
in the Solomons' home on the night of the killing. Charging that the prosecution
was hampered by sloppy police work, Lewis strongly suggested that Paul
Solomon and private detective Vincent Parco were responsible for the murder
and for faking evidence to incriminate Carolyn Warmus. When the defense
counsel took his seat at the end of his address, the jury was left to wonder
how he would support his conspiracy allegations.
Early in the prosecution's case, two Greenburgh
police officers related their impressions of Paul Solomon's mental state
when they questioned him at the murder scene. Patrol officer Michael Cotter
described Paul as shaken: "He said he rolled her over and saw all the blood
and started crying; he cried again when he looked at the blood on his hands."
In cross-examining the two officers, David Lewis attacked the police for
losing possible traces of evidence that might have pointed to other suspects.
One of the trial reporters agreed, comparing the Greenburgh police to the
Keystone Kops; Paul Solomon had been allowed to wash his hands, and the
black glove that was pictured in a police photograph had subsequently vanished
and could not be located at the time of the trial.
Lewis had limited success in his efforts to
weaken the testimony of Carolyn Warmus's friend Ryan Attenson, to whom
she had spoken of the setback in her relationship with Paul Solomon in
August 1988. In a telephone conversation, she had asserted that "with her
money and Paul's family" (by which Attenson assumed she was referring to
the
[699]
Solomons' teenage daughter Kristan) "they would have a perfect life
together." She said that she would take it upon herself to make sure that
she ended up with her lover. Several months after the killing but before
her arrest, Warmus had spoken to Attenson again; on this occasion she informed
him that Solomon and she were going to end up together and that everything
had been taken care of -- the other woman was no longer an obstacle. Under
cross-examination, Attenson conceded that he did not remember Warmus's
exact words but was relating the essence of what she had told him.
Kristan Solomon held the courtroom spellbound
with her account of Warmus's campaign to win her goodwill. Paul Solomon
had introduced Kristan, an athlete who competed in several sports, to Warmus
when he was coaching his daughter and her teammates during an after-school
basketball practice. During the next few months she had chatted with Warmus
in her classroom, seen her at basketball games, and gone to a Christmas
show in Manhattan with her father, Warmus and another teacher. It was in
early 1988, when she and her parents had gone out to dinner with Carolyn
Warmus, that the defendant had offered to take her skiing during the winter
break. Kristan also told the jury about the birthday gifts that she had
received from the defendant. On the girl's fifteenth birthday in August
1988, when the prosecutors asserted that Solomon had temporarily broken
off their affair, Warmus had unexpectedly arrived at the Solomons' condominium
with two outfits and a bracelet for Kristan. "I was in shock," Kristan
testified. "I was not frightened but hesitant, because I knew my Mom didn't
enjoy her in the house, and I was worried there would be words." After
Betty Jeanne's death, Warmus had left notes on the door of the Solomons'
condominium but had not seen Kristan; however, two weeks before the girl's
sixteenth birthday, she had arrived home to discover a pale blue Tiffany's
box at her doorstep containing diamond stud-earrings and a note from Warmus
signed, "Love always, Carolyn."
Prosecution lawyers began their efforts to
tie Warmus to the murder weapon with the testimony of a private investigator,
James A. Russo, who swore that the defendant had consulted him a few months
before the slaying to seek protection from a woman named "Jean or Betty
Jean," who was trying to hurt her family. When Russo had suggested a bodyguard,
Warmus had stated her preference for a "machine gun and silencer." On three
earlier occasions in the late summer and early fall of 1988, Warmus had
consulted Russo about other fears. During one of her interviews she had
claimed that her father's jet had been sabotaged in Michigan and that a
"woman was seen in the vicinity in the hangar"; during her next visit,
Warmus had told Russo that the same woman had struck her sister's car in
Washington in a hit-and-run. In his cross-examination,
[700]
Lewis tried to discredit Russo by portraying him as a sleazy detective
who would do anything for money. At his prodding, the witness recounted
his recent work for a landlord who suspected a prostitution ring in his
upper eastside apartment building; the witness said he had "gone undercover"
and paid a prostitute $400 in exchange for sex.
Dramatic evidence of the murder night was
provided by an operator of the New York Telephone Company. Since a direct
police emergency network was not established in Westchester County, customers
who dialed 911 were answered by a private operator who then referred messages
to the local police. Shortly before 7:12 on the night of the killing, the
witness, Linda Viana Newcombe, had received a call from a screaming woman
whose only decipherable words sounded like "trying to kill me." The call
was quickly disconnected and the operator, now thoroughly rattled, had
transposed the digits of the number of the telephone on which the incoming
call had been made; because of this mistake she had reported the emergency
to the Scarsdale police, who had then rerouted the message to the Greenburgh
station. David Lewis attempted without success to have the witness specify
whether the caller had said "'he' is trying to kill me" or "'she'
is trying to kill me."
On February 8, Paul Solomon, who had been
granted immunity from prosecution, took the stand to tell the jury about
his strained marriage of nineteen years, his feelings of guilt over the
affair with Carolyn Warmus, and his actions on the murder night, culminating
in the discovery of his wife's body. He had not had sex with Carolyn Warmus
in the summer of 1988, but in the fall they had resumed relations despite
his conflicting feelings. When they had met for drinks at the Holiday Inn
in Yonkers, Paul told the jury, he had encouraged Warmus to seek her happiness
elsewhere:
She said it was difficult finding good people
to date. I said, "I'd be so happy to dance at your wedding and see you
happy." She said, "What about your happiness, Paul? Don't you deserve
to be happy?" And I said, "If anything happens to Betty Jeanne and me,
I'd never get married anyway."
Despite this exercise in dissuasion, he had then accompanied her to her
car to have sexual relations.
For months after his wife's death, Solomon
had not seen Warmus and had begun dating a new girlfriend. After playing
basketball in Manhattan in July 1989, he stopped by Warmus's eastside apartment.
At a nearby bar he had asked her whether she had had anything to do with
Betty Jeanne's death. She replied that she was pleased he felt "comfortable
enough" to ask her that, but said she had had no
[701]
involvement. Solomon had asked her again later and she repeated her
denial; he told the jury that he had "absolutely believed her." Prosecutor
McCarty elicited Solomon's story of how Warmus had followed him and his
new girlfriend to Puerto Rico eight months after the murder, even though
he had never told her of his vacation plans. He had become so "frightened"
when she appeared on the scene that he notified hotel security, called
the Greenburgh police, and left that night.
At the start of his cross-examination, Warmus's
lawyer David Lewis held up a card that Solomon had given the defendant
early in their affair. Its passionate terms contrasted with Warmus's banal
messages about school and community events. The note read:
If you're smart you'll do one of two things.
Turn away and never see me again and save yourself from the pain and hurt,
or keep loving me and take the risk of you and I having something together
forever.
A lot of people write cards, Solomon stated defensively under Lewis's questioning,
and sometimes "people put down things that others put more into." The witness's
constant reliance on qualifications cannot have strengthened his testimony
in the jury's minds. Asked at one point whether he spoke Russian, Solomon
replied, "Not that I'm aware of."
On the fifth and final day of the cross-examination
on February 21, Solomon burst into a rage when David Lewis bluntly suggested
that he was involved in the killing. Calling the insinuation "obscene,"
the witness charged the defense counsel with an inclination to "twist and
turn words, manipulate facts or half-truths, and incomplete reports, to
make them what they aren't."
Following Solomon to the stand was investigator
Vincent Parco, who had also been granted immunity in exchange for his testimony.
Parco stated that Warmus had badgered him for months to provide her with
a gun to protect her against burglars who were ravaging her eastside neighborhood.
Succumbing at last to her insistence, in the first week of January 1989
he sold her an unregistered black Beretta .25 caliber pistol, a homemade
silencer and a dozen bullets for $2,500 in cash delivered in three separate
envelopes. It was Parco's suggestion that he have the silencer made --
so that she could "practice in the woods, the house, in relative obscurity."
The detective was able to locate a Brooklyn machine-tool company operator,
George Peters, who had agreed to mill the silencer in accordance with diagrams
in a book, How to Make a Silencer, which Parco had obtained from
his friend Rocco. Parco, ever the perfectionist, was dissatisfied with
the performance of Peter's silencer (which he had tested by firing into
a tree in lower Manhattan) and had insisted on alterations.
[702]
The day after the murder, Carolyn had called
to tell Parco that some teacher had been "stabbed or bludgeoned eight or
nine times"; the police had come to question her, and she had hidden the
gun inside one of the posts of her brass bed. Parco offered to pick up
the gun the next day, but Warmus had told him that the weapon was gone;
she had thrown it off a parkway.
Judge John Carey excluded as prejudicial any
testimony relating to Warmus's engagement of Parco to aid her persecution
of the New Jersey bartender, or any other evidence indicating that she
had obsessively pursued men prior to her affair with Solomon. However,
Parco admitted that he had become infatuated with his attractive client
-- although he stoutly insisted that he had rejected her sexual advances.
Parco also stated that in August 1989 Carolyn Warmus asked him to check
out a license plate and a telephone number. The phone number belonged to
a woman Solomon had started dating, while the license was for her father's
car. During the summer of 1989 Warmus had denied any relationship with
Paul Solomon and had told Parco she was out bowling with a "bunch of teachers"
on the night of the murder.
Defense attorney Lewis subjected Parco to
a daylong cross-examination, eliciting admissions that as a private investigator
he often used disguises and false names, and, in order to obtain information,
engaged in deceptive practices known in the trade as "gags." In a surprising
show of modesty, though, Parco refused to rate himself an expert in assuming
an "acting role" in his undercover work.
On March 5 a Newsday reporter, who
regarded the prosecution's evidence to that point as flimsy, disclosed
that Paul Solomon stood to gain $120,000, more than twice his annual salary,
if a movie was made about the case. A week later the case took a turn in
the prosecution's favor with the testimony of Patricia January, a nurse
at the Bedford Road Elementary School in Pleasantville, New York, who swore
that a week before the killing of Betty Jeanne Solomon, Warmus, after completing
a telephone call from the school, had told her that she was "terrified"
to live alone and had a gun. According to the nurse, Warmus had added that
"of course" she would never kill anyone, and didn't have ammunition; she
had also mentioned that the gun was "specially made" by a private detective.
Defense attorney Lewis told Judge Carey that he was surprised by the testimony
and obtained an adjournment. In two hours of cross-examination when the
court reconvened, Lewis focused on why Patricia January had waited so long
to tell authorities of her conversation. The nurse had two answers: She
had thought it was common knowledge that Carolyn owned the gun and, besides,
she had "wanted someone to open the door" for her to talk about the incident.
[703]
After Patricia January was excused from the
stand, the opposing legal teams girded themselves for the principal evidentiary
battle of the trial, a clash between inconsistent telephone records for
January 15, 1989, the day of the murder. A microfiche, obtained by the
prosecution from the MCI telephone service that Warmus used, showed a call
from her apartment at 3:02 p.m. to Ray's Sport Shop, where bullets were
purchased later that afternoon. In response, David Lewis, bringing to the
fore at last his principal evidence of a conspiracy to incriminate his
client, offered a document that he claimed to be the original MCI bill
received by Warmus for January 1989. This document, printed in an MCI bill
format and bearing the company's logo, lacked the call to Ray's Sport Shop
on January 15 but included a direct-dial call at 6:44 p.m. on the same
day that brought the total telephone charge to the same figure shown in
the MCI record. Lewis told the judge that the 6:44 call "made it all but
impossible for [Warmus] to have been in Westchester at 7:15 to commit the
murder." The prosecution mounted a devastating attack on the authenticity
of the "bill" offered by the defense, showing that the MCI record it had
introduced was consistent with the company's computer tapes and that the
paper on which the defense version of the bill was prepared lacked a slogan
that was imprinted on all MCI customer statements in January 1989. Ultimately
Judge Carey permitted both versions of the disputed telephone bill to be
submitted to the jury.
In the days that followed, the prosecution
completed its chain of evidence. Lisa Kattai, a secretary for a telecommunications
company, identified Warmus as a temporary office employee who had worked
with her in August 1988, when Kattai had noticed that her New York State
driver's license was missing. According to Kattai, Warmus resembled the
witness's photograph taken for her driver's license at a time that she
had shorter, "frosted" blonde hair. It was the prosecution's theory that
Warmus had posed as Kattai when she purchased ammunition at the gunshop
on the afternoon before the murder. Subsequently, Detective Joseph Reich
of the Westchester County Police testified that he had compared six shell
casings found at the murder scene with a seventh picked up eleven months
later in the Brooklyn machine shop of George Peters, who had admitted milling
a silencer at Parco's request; all seven bullets had been fired from the
same gun.
The testimony for the defense began with trucker
Anthony Gambino, who supported Lewis's conspiracy theory by stating that
Parco had asked him to commit a murder in the summer of 1988; he had virtuously
declined the request. Another witness implicating Parco in the crime was
Joseph Lisella, who stated that from a stall in the men's room of a bowling
alley where he had stopped between 7:30 and 8:30 p.m. on January 15, 1989,
he had heard two men exchange $20,000 and talk
[704]
about having thrown a gun in the "deepest part of the river." He had
not seen the men's faces, but they had called each other Vinnie and Paul,
the first names of Parco and Solomon. The conspiracy theme was pursued
with the testimony of Thomas A. Warmus, the defendant's father, who stated
that Parco had tried to shake him down for a substantial sum of money in
the summer of 1989; Mr. Warmus left the courtroom without having looked
at his daughter. On April 10, the defense rested after Lewis had shown
the jury a news videotape of Parco making threatening remarks about Gambino
after the trucker's testimony.
In the closing arguments, the prosecution
claimed that it had established a persuasive chain of circumstantial evidence,
while Lewis, pounding home his conspiracy theory, invoked the Salem witchcraft
trials as a parallel to the unjust persecution of his client.
The jurors deliberated for twelve days, a
record in Westchester County, and ultimately deadlocked, with eight reportedly
in favor of conviction and four holding out for acquittal; Judge Carey
regretfully declared a mistrial. Interviews with the jury revealed that
the minority of the jurors who favored acquittal were disturbed by the
circumstantial nature of the evidence and could not believe that a woman
could have brutally pistol-whipped Betty Jeanne as the murderer had done.
All of the jurors agreed that the defense telephone bill was a fake, but
the minority faction thought that the forgery might have been an act of
desperation on the part of someone being framed for murder. One juror could
not credit the possibility that Carolyn Warmus, given her inexperience
with guns, could have hit a moving target with all nine bullets, even at
close range.
When the second trial began in January 1992
(after an unsuccessful attempt by the state to have Judge Carey replaced
on the ground that he was biased in favor of Warmus), the prosecution trial
team and strategy remained intact, but the defense had been thoroughly
overhauled. Warmus had hired a new lawyer, William I. Aronwald, whose low-key
style was in stark contrast with the theatrical and bellicose manner of
the defendant's original counsel, David Lewis. It was Aronwald's intention
to cast suspicion on Paul Solomon and Vincent Parco, as Lewis had done,
but the "frame-up" theme would be subordinated to a broader plan to create
reasonable doubt on a number of issues. Aronwald's less melodramatic approach
was mandated by the first jury's obvious rejection of the principal evidence
that Lewis had offered to show that the case against Warmus was pure fabrication.
Even jurors who had held out for acquittal were persuaded that the telephone
invoice introduced by the defense at the first trial was a fake and that
two key defense witnesses, trucker Anthony Gambino and
[705]
men's room eavesdropper Joseph Lisella, were not worthy of belief. After
the first trial ended, the state indicted Warmus for forgery of the telephone
bill; subsequently Judge Carey ruled that the prosecution could not introduce
the alleged forgery into evidence at the second murder trial as proof of
Warmus's consciousness of guilt, since she might have been unaware of the
fabrication of the document.
The prosecution case appeared to be following
its expected course until March 4, when Westchester Assistant District
Attorney James McCarty made a stunning announcement. He told the court
that the black glove that had been photographed at the murder scene and
later vanished had now been rediscovered. In January the prosecution had
asked Paul Solomon to search again for evidence for the new trial, and
he had delivered the glove, which he said he had found in a box in his
bedroom closet. Forensic tests had turned up barely visible finger-shaped
human bloodstains on top of the glove.
Unprepared for this turn of events, defense
counsel Aronwald accused prosecutor McCarty of "trial by ambush," and Judge
Carey initially ruled the glove inadmissible. He, was, however, promptly
induced to rethink his stand when McCarty told him that he had procured
credit-card and store records revealing that on November 9, 1987 Carolyn
Warmus had purchased a pair of gloves at Filene's Basement in Greenburgh
matching the glove found in the Solomon residence. Faced with this offer
of proof, Judge Carey ruled that the glove could be admitted if the prosecution
was able to show that Warmus had bought gloves "having similar intrinsic
characteristics" of color, material, size and style.
The Filene's sales slip did not specify the
color of the gloves purchased but permitted their identification as Shalimar
Vanity Glove Inc.'s style 6781, a $10 one-size-fits-all wool glove manufactured
by a Chinese state-owned cooperative. The Solomons' daughter, Kristan,
testified that Warmus had worn black gloves, and a forensic expert, Dr.
Peter DeForest, testified that, after comparing the fibers found in the
victim's hand during the original murder investigation with the fibers
of the glove, he had found the two sets to be "indistinguishable."
Satisfied that sufficient evidence had been
established to link the glove to the murder and to the defendant, Judge
Carey ruled that it could be admitted, but excluded any reference to the
tests revealing that spatters on the glove might be human blood. To the
bafflement of observers, defense counsel Aronwald himself highlighted the
evidence of the apparent bloodstains by contending that Solomon might have
placed the stains on the glove recently in an attempt to incriminate Carolyn
Warmus.
[706]
The prosecution rested its case on May 5, and
the defense, shuffling the order of its witnesses to meet the menace posed
by the black glove, called to the stand William Bohus, president of Shalimar
Vanity Glove Inc., the importer of the gloves identified in the Filene's
sales slip as purchased by Warmus. Bohus testified that his company had
sold some 36,000 pairs of the gloves since 1986, a quarter of which were
black. Carolyn Warmus's stepmother, Nancy K. Dailey, also gave evidence
intended to minimize the impact of the prosecution's newly rediscovered
glove. She showed the jurors a black and gold ski suit, with its own matching
black gloves, that she had bought for Carolyn long before the murder. Mrs.
Dailey's testimony seemed to prove only that Carolyn Warmus might have
owned more than one pair of black gloves, and the prosecution was quick
to emphasize this fashion note. The ski suit was almost all black, prosecutor
McCarty's assistant Douglas FrizMorris observed. Was black one of Ms. Warmus's
favorite colors? . . . Might she not have liked the color so much that
she had bought a second pair? . . . According to the New York Times
reporter: "for a minute every eye shifted to the young woman at the defense
table in the flowing black skirt and the black boots." Carolyn's stepmother
stood firm, however; black, she maintained, was not among Carolyn's favorite
shades. "She looks very good in bright colors."
After the last echoes of the glove controversy
died down, the balance of the defense's evidence seemed humdrum by comparison.
A firearms expert, Jerold Steinberg, asserted that the silencer that machinist
George Peters had supposedly made for Vincent Parco would not have functioned
well enough for use in a shooting. Aronwald called a Bedford school secretary
in a final effort to refute nurse January's belated recollection that,
after finishing a conversation on the school's telephone, Carolyn Warmus
had told the nurse that she had purchased a gun. The secretary described
a telephone log in which teachers were asked to write down any private
calls for later billing. There were no listings of any calls by Carolyn
Warmus on the date of the conversation reported by nurse January. Aronwald
suggested that this detail was a sufficient ground for the jurors to conclude
that the nurse had made up the entire story.
Since Warmus's questionable telephone bill
could not be introduced in evidence, the defense was compelled to take
a fresh approach to the disputed call from Warmus's apartment to the gun
shop. Aronwald summoned to the stand a private investigator, who said that
it was possible for someone to have "tapped" into Warmus's apartment line
and made the call without her knowledge.
In his closing argument on May 19, Aronwald
argued that the victim, Betty Jeanne Solomon, was "unwanted baggage" to
her husband
[707]
Paul and that he, not Carolyn Warmus, had the motive and the opportunity
to kill his wife to clear the way for a series of love affairs. Aronwald
strongly urged the jury to reject the wondrously materializing woolen glove.
This was the evidence, he argued, that the prosecution hoped would swing
the second jury in its favor. It was no accident, in Aronwald's view, that
Solomon claimed to have discovered in his apartment the glove that the
police had photographed next to his dead wife's body in January 1989 and
then had lost. That glove, he reminded the jurors, was tested at the time
and did not appear to have blood on it just after the murder. It was no
accident either that now, according to prosecution witnesses, the glove
was bloodstained, for it was Mr. Solomon himself who had placed the blood
there to try to link Carolyn Warmus to the murder scene.
Replying for the state, Assistant District
Attorney McCarty urged that there was too much evidence tying Carolyn Warmus
to the shooting to be explained away. "These aren't a series of coincidences,
ladies and gentlemen," he said. "Sooner or later the picture should become
clear to you: you can see Carolyn Warmus doing this." He argued that Paul
Solomon had nothing to gain from the death of his wife and that only Warmus
could have killed the woman she had come to view as an obstacle. Warmus's
telephone bill showed that, on the day of the murder, she had called Solomon
and talked to him for 55 minutes. During that call, she had learned that
the Solomons' daughter was away for the weekend and that Betty Jeanne would
be alone. When Solomon told her that he had accompanied his wife to a bar
mitzvah the day before, it was brought home to Warmus once again that she
was on the "bad side of a lovers' triangle." In the course of the conversation
she had made plans to meet Solomon at 7:30 that night at the Holiday Inn,
and thirty minutes after the conversation ended, her phone bill showed
the call to the New Jersey gunshop. The police placed Mrs. Solomon's death
at around 7:15 that night; the prosecutor reminded jurors that one witness
at the Holiday Inn restaurant said that Solomon had arrived there at 7:30
and Warmus only later. In greeting Solomon, the prosecutor said, Carolyn
had explained that she had been caught in traffic. "Traffic," McCarty repeated
to the jurors with an expression of disbelief, "on a Sunday night?"
After seven days of deliberations, the jury
found Warmus guilty of second degree murder and illegal gun possession.
Among the jurors, the black glove was the most frequently cited reason
for the verdict. William Aronwald said: "I have no doubt in my mind that
without the glove the prosecution would not have hoped anything better
than a hung jury. It really derailed our defense." David Lewis, defense
lawyer at the first trial, was not reluctant to second-guess his successor,
suggesting that
[708]
Aronwald might have been hurt by moving away from a strategy of claiming
more centrally that Warmus had been framed by Solomon and Parco:
I think what we did in the first trial was to
address the issue of a frame-up from the first meeting with the jury. That
is, as far as I'm concerned, the major difference between the two trials.
In a decision announced on June 26, 1992, Judge
Carey passed sentence on Carolyn Warmus. Belying the prosecution's persistent
charges that he had a soft heart for the defense, Carey doubted neither
the justice of the jury's verdict nor the gravity of the risk that Warmus
might repeat the criminal acts of which she had been convicted. Characterizing
Warmus as a woman who "unhesitatingly took another's life for no apparent
purpose but that of having the victim's husband to herself," the judge
considered that the assurance of a long incarceration was necessary for
the benefit of anyone who might anger her in the future as well as for
those persons she might consider to have contributed to her conviction
or to have harmed her in some other fashion. Operating under statutory
sentencing guidelines, Carey defined his task as prolonging the time within
which Warmus's adversaries, such as Paul Solomon and Vincent Parco, could
"sleep somewhat more soundly." Any speculation, however, that the defendant
might threaten a broader circle of the public "would fly in the face of
her non-violent career up to the time she brought herself under the evil
influence of Vincent Parco, whose respect for the law is minimal." Weighing
these considerations, Judge Carey imposed a murder sentence of imprisonment
for a term of not less than twenty-five years and a concurrent sentence
under the gun possession count of confinement for not less than five years
nor more than fifteen.
Even before the jury returned in her second
trial, Carolyn Warmus had condemned herself to a more durable penance.
In a courtroom conversation with a Newsday reporter, she vowed that she
was finished with married men for all time.
AFTERWORD
On March 15, 1993, Carolyn Warmus's attorney
filed a motion for a new trial, claiming that two pieces of key evidence
had been withheld by the prosecution. Aronwald asserted that the prosecution
knew that Paul Solomon had been having an affair with another woman, Barbara
Ballor, three months before his wife was killed, and not four months
after the murder, as he had testified. Moreover, the defense counsel asserted,
the prosecution had not disclosed to the jury the existence of
[709]
a second glove, apparently found outside the Greenburgh apartment
building; Aronwald contended that the prosecution had used the first glove
to link Warmus to the slaying, but that the second would have acquitted
her. Unimpressed with these arguments, Judge Carey denied a retrial.
[710]
* This article was published previously in Jonathan
Goodman (ed.), The Modern Murder Yearbook 99-120 (London, Robinson,
1994). |