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Woman who shot husband will spend life in prison

By Wendy Joan Biddlecombe - Hernando Today

March 28, 2013

BROOKSVILLE - Karen Lyn Biraghi, 42, will spend the rest of her life in prison for shooting and killing her sleeping husband, Alan, on Christmas Eve 2011.

Last month, Judge Daniel Merritt Jr. accepted an open plea that adjudicated Biraghi guilty of second-degree murder and send her to prison for at least 25 years, or as much as life in prison.

On Wednesday afternoon, Merritt sentenced Biraghi to the maximum.

Before handing down the sentence, the judge heard testimony from both the prosecution and defense.

“Do you have your hand raised?” asked Assistant State Attorney Pete Magrino, talking to the first witness, Rosemary Ann Biraghi, patched into a court phone line from her home in England.

Once under oath, Rosemary Biraghi explained how she always had the “maximum respect for Alan’s wife,” and gave her son the space he requested to live his life with Karen “without interference.” Rosemary Biraghi told Magrino she couldn’t really comment on the length of Karen Biraghi’s sentence, because her son’s death has affected the entire family.

Karen Biraghi, unshackled, was given the opportunity to apologize to her mother-in-law over the phone. Biraghi, between heaving sobs, said she didn’t know what to say other than she is very sorry.

“I accept your apology, Karen,” Rosemary Biraghi said, and let her know she would continue to pray for her and work on forgiving her for the “indescribable act.”

The defense dug deep into Biraghi’s past, calling upon licensed psychologist Valerie McClain, who evaluated the defendant on two separate occasions.

McClain said multiple factors from her childhood led to mental health conditions including obsessive compulsive behavior, bipolar disorder, post traumatic stress disorder and bulimia, as well as the abuse of alcohol and pain drugs.

The psychologist testified that Biraghi’s physical and sexual abuse as a child affected her coping skills and maturity, which McClain described as being at an adolescent level. She described Biraghi as a “broken” woman, and mentioned that eating disorders can deprive the brain of nourishment, leading to blackouts.

McClain said Biraghi was “obsessed” with Disney characters, hoarding and filling her house with the “relics.” Biraghi wasn’t feeling “vindictive,” but that her behavior was “spiraling” out of control, and that she originally intended to kill herself.

Magrino questioned McClain about the paper trail of Biraghi’s abuse, and the psychologist said she did not know of any reports of physical or sexual abuse filed with law enforcement, the school system or the Department of Children and Families.

Biraghi’s mother, Patricia Wells, told the court that she was “always close to her daughter,” and said that Biraghi’s maternal grandmother had severe paranoid schizophrenia.

Karen was “quiet” and “reserved” as a child, Wells said, and that she often tried to get her child to open up to her about anything bothering her.

Biraghi sought her mother’s help after shooting her husband on Dec. 24, 2011, arriving on Wells’ porch with “something to tell her.”

On the stand, Biraghi asked Merritt to sentence her to 25 years, promising to “seek every additional resource while incarcerated,” and that she wanted to “be there” for her daughter upon release.

Biraghi explained she was abusing alcohol and pain pills the day she shot her husband, and drove from their home to a pawn shop to pick up a revolver she had purchased. Back at home, she went into the bathroom intending to kill herself, but came out and shot her husband.

Before sentencing, Merritt wanted to know more about the murder weapon, and whether Biraghi had to manually load each round of ammunition, or if she slid in a loaded clip.

Magrino said Biraghi purchased a revolver.

Merritt acknowledged the “extraordinary” understanding and compassion shown by the victim’s mother, but said that he has sentenced about six people to life in prison the last 28 months, and that Biraghi is deserving of similar treatment.

“I hope you do find some good, purpose, somehow during incarceration,” Merritt said.

Spring Hill woman charged with shooting husband as he slept reaches deal

By Tony Marrero - TampaBay.com

January 25, 2013

BROOKSVILLE — A woman accused of fatally shooting her husband in the head as he lay sleeping on the couch of their Spring Hill home has reached a plea deal with prosecutors.

Karen Lyn Biraghi, 41, entered an open guilty plea last week to a lesser charge of second-degree murder. Biraghi had been charged with murder in the first degree after calling 911 on Christmas Eve 2011 to report that she had shot 31-year-old Alan Biraghi in the head.

Had she been convicted at trial, Biraghi faced a mandatory life sentence. The open plea to second-degree murder means she will serve a minimum of 25 years, but Circuit Judge Daniel B. Merritt Jr. could also levy a life term at the sentencing hearing, slated for March 28.

"After discussing it with law enforcement and the victim's mother, we felt this was an appropriate disposition," said Assistant State Attorney Pete Magrino.

Magrino previously said he did not pursue the death penalty because "the facts and circumstances do not rise to the level" of a capital murder case.

The state attorney's concession to a lesser charge is appreciated, said Biraghi's attorney, Larry C. Hoffman.

Hoffman tried unsuccessfully to get prosecutors to agree to a maximum cap on the sentence. He said he will ask Merritt to levy the minimum sentence, citing his client's litany of mental health issues.

"It's in the hands of the judge, and we're trusting him to make a wise decision based on what he's going to hear," Hoffman said.

According to a motion Hoffman filed in Hernando Circuit Court late last year, Biraghi suffers from bipolar disorder, depression, post-traumatic stress disorder and obsessive-compulsive disorder. She also abused alcohol, was dependent on other substances, suffers from bulimia and has a history of suicidal thoughts.

Hoffman plans to call a forensic psychologist to testify at the sentencing hearing. Biraghi will probably take the stand, too, he said.

"She has deep remorse," he said.

Court documents portray Biraghi as a lonely woman who sought affection elsewhere — and became increasingly angry and despondent — as her decade-long marriage turned cold.

When the couple married, Alan Biraghi adopted Karen's then-8-year-old daughter. The daughter would later tell investigators that her mother's first husband cheated on her with another man. She said her mother was so distrustful of Alan Biraghi that she activated parental controls on his cellphone so she could keep track of his calls.

They moved to a house on Greynolds Avenue in Spring Hill about three years before Alan's death. By 2010, records show, Karen was corresponding with men she met online, complaining that Alan didn't make her feel wanted. She sought to arrange meetings with the men.

By the summer of that year, records show, she was in the midst of an affair. It's unclear how long the affair lasted or when it ended. A week before the killing, records show, Biraghi had a sexual encounter with a neighbor.

Alan Biraghi worked at a Pasco County air-conditioning company, and both he and his wife delivered newspapers for what is now the Tampa Bay Times.

About a month before his death, Alan Biraghi and a co-worker struck up a friendship that quickly progressed, the woman told investigators. They decided he would move into her Spring Hill home on Dec. 26. Alan Biraghi got a second cellphone to keep the relationship secret.

On Dec. 20, Alan Biraghi admitted to his wife that there was more to the relationship than she knew.

The next morning, Karen Biraghi went to a pawnshop and placed a down payment on a .38-caliber handgun. She told investigators later that she bought the gun because her husband was mentally and verbally abusive and that he scared her.

About 3 a.m. Dec. 24, Alan Biraghi sent a text to the woman with whom he planned to move in, telling her he loved her. He finished his paper route, returned home and fell asleep on the couch.

While he slept, Karen Biraghi left the house, returned to the pawnshop and picked up the gun, records show. Authorities say she returned, found her husband's second cellphone and discovered the romantic text messages. She retrieved the gun from the bedroom and loaded it with six bullets.

In an interview with a Hernando sheriff's detective later that day, she said she held the gun and considered her next move.

"She said she knew if she shot Alan, he would die and her life would be over," the detective wrote in a report.

After about an hour, she said, she walked up to the couch, aimed the gun at the back of her husband's head and pulled the trigger.

When the 911 operator asked her why, she said: "Because I have been suffering years of mental and verbal abuse and I just felt like I've reached the end."

Defense of Hernando wife accused of murder to focus on mental health

By Tony Marrero - TampaBay.com

November 28, 2012

BROOKSVILLE — Four days before Christmas last year, Karen Biraghi sent a chilling text message to her friend.

By then, court documents show, Biraghi's husband of 11 years, Alan, had made it clear he would be leaving her for another woman.

"If I could kill the s.o.b. I would!" Karen Biraghi said in the text message.

On Christmas Eve, authorities say, she did. Biraghi shot her 31-year-old husband in the back of the head as he lay sleeping on the couch in their Spring Hill home.

Biraghi, 40, now faces a first-degree murder charge, and according to a motion filed in Hernando Circuit Court last month, her attorneys will mount a defense based on a litany of mental health issues.

Biraghi suffers from bipolar disorder, depression, post-traumatic stress disorder and obsessive-compulsive disorder, the motion states; she also abuses alcohol and is dependent on other substances.

According to the filing by Larry Hoffman, one of Biraghi's attorneys, she also suffers from bulimia and has a history of suicidal thoughts, including the day she called 911 to report that she'd shot her husband.

Hoffman declined on Wednesday to elaborate on his client's mental health issues or comment in general on the case, which is still in the discovery phase. A status hearing is set for Jan. 18.

Assistant State Attorney Pete Magrino said his office is not seeking the death penalty.

"The facts and circumstances do not rise to the level that would warrant the affirming of the death penalty," Magrino said.

Court documents portray Biraghi as a lonely woman who sought affection elsewhere — and became increasingly angry and despondent — as her marriage turned cold.

When the couple married, Alan Biraghi adopted Karen's then-8-year-old daughter. The daughter would later tell investigators that her mother's first husband cheated on her with another man. She said her mother was so distrustful of Alan Biraghi that she activated parental controls on his cellphone so she could keep track of his calls.

They moved to the house on Greynolds Avenue about three years before Alan's death. By 2010, records show, Karen was corresponding with men she met online and seeking to arrange meetings.

In one electronic exchange, when a man asked if she was married, she replied: "yup, 10 years and it seems everything is more important than me. He doesn't make me feel desired or wanted anymore."

By the summer of that year, records show, she was in the midst of an affair. It's unclear how long the affair lasted or when it ended.

A week before the killing, records show, Biraghi had a sexual encounter with a neighbor. The man would later tell detectives that they had sex one time and exchanged text messages after but that he had no plans to start a relationship with her.

Alan Biraghi worked at a Pasco County air-conditioning firm, and both he and his wife delivered newspapers for what is now the Tampa Bay Times.

About a month before his death, he and a co-worker struck up a friendship. The woman, who was also married but separated, told investigators she had known Alan for years but hesitated to befriend him because Karen was so jealous.

The friendship progressed quickly "to a very emotional connection," the woman told investigators. They decided he would move in to her Spring Hill home on Dec. 26. To keep the romantic relationship secret, Alan Biraghi got a second cellphone.

Karen Biraghi was suspicious. On Dec. 20, Alan Biraghi told his wife that there was more to the relationship than she knew. Karen Biraghi called the woman.

"She was distraught and very upset," the woman told detectives, "because she said she just wanted another chance."

The next morning, Karen Biraghi went to a pawnshop and put a down payment on a .38 caliber handgun. She told investigators later that she bought the gun because her husband was mentally and verbally abusive and that he scared her.

About 3 a.m. on Dec. 24, Alan Biraghi sent a text to the woman he planned to move in with: "I love u, i am a lucky man to have u, thank u." He finished his paper route, returned home and fell asleep on the couch.

While he slept, Karen Biraghi left the house, returned to the pawnshop and picked up the gun, records show. Authorities say she returned, found her husband's second cellphone in his car and discovered the romantic text messages, retrieved the gun from the bedroom and loaded it with six bullets.

In an interview with Hernando sheriff's Detective James Boylan later that day, she said she held the gun and considered her next move.

"She said she knew if she shot Alan," Boylan wrote, "he would die and her life would be over."

After about an hour, she said, she walked up to the couch, aimed the gun at the back of her husband's head, and pulled the trigger.

When she called 911 and admitted what she done, the operator asked her why.

"Because I have been suffering years of mental and verbal abuse," she said, "and I just felt like I've reached the end."

Spring Hill woman indicted on first-degree murder charge in husband's death

By John Woodrow Cox - TampaBay.com

January 13, 2012

SPRING HILL — A grand jury indicted Karen Biraghi Friday morning on a charge of first-degree premeditated murder in the death of her husband.

Biraghi shot her husband, Alan, in the back of the head as he slept on the couple's living room couch on Christmas Eve, authorities say. Alan Biraghi was 31.

Biraghi, 40, then drove to her parents' home a few blocks away and returned with them before reporting the shooting. Investigators say she later admitted that she was angry at her husband because he was moving out of their home.

Alan Biraghi worked as a repairman for a Pasco County air-conditioning firm. His neighbors said he was friendly and always waved as he passed by.

Neighbors said his wife was nice but reclusive and often distraught about her collapsing marriage.

Other than minor traffic violations, she had no criminal background in Hernando County.

Soon after the killing, Biraghi matter-of-factly explained to a 911 dispatcher what she had done.

"I'm turning myself in for killing my husband."

The operator asked where her husband was.

"He's, umm, on the couch right now."

"Is he alive?"

"No."

Later, the dispatcher asked how it happened.

"I shot him."

"Okay. And you're sure that he's not breathing?"

"Yes."

The dispatcher, moments after, asked where she shot him.

"In the head."

Spring Hill woman calls 911 after allegedly killing her husband on Christmas Eve

By Allison Morrow - ABCactionnews.com

December 28, 2011

SPRING HILL, Fla. - On a night lit up by Disney decorations, like Mickey and Minnie lawn ornaments and a huge snow globe, it looked like Christmas Eve outside the Biraghi home in Spring Hill.

But it didn't sound like the holiday, inside.

A newly released 911 recording details what detectives claim is Karen Biraghi confessing to killing her husband, Alan.

"What did you do to him?" the dispatcher asks.

"I shot him," the woman responds.

"Where's your husband?" the dispatcher asks.

"He's on the couch right now," the woman responds.

According to an arrest affidavit, Biraghi confessed to shooting her husband in the head twice at point blank range. He never moved.

At one point in the recording, the dispatcher tells the woman, who calls herself Karen Biraghi, to walk outside with her hands up.

She hands the phone to her mom, Patricia, and the dispatcher asks why Karen would want to kill her husband.

"They split up. He found himself another woman," Patricia answers. "It was somebody that she knew."

Patricia says her son-in-law had a mistress, and after 11 years of marriage, the couple faced divorce.

"She just lost it. She went out and bought a gun," Patricia tells the dispatcher. "She's not a violent person. She's never been in trouble. Ever."

The story of Alan's alleged cheating had spread around the neighborhood, and the tragic ending doesn't even shock the people who live next door.

"I mean, I feel sorry for him. It's terrible. It's a tragedy but it just didn't surprise me," said neighbor, Michael Huey.

The couple had a reclusive reputation. Their house is lined with security cameras and high fencing that's covered in "Beware of Dog" signs.

Perhaps the oddest of all for neighbors was Karen's seeming fixation with Disney.

Her car is detailed with the slogan "Magic is Everywhere". Her license plate reads "DSNE NUT."

It looks like a company car for the theme park, but according to the Hernando County Sheriff's Office, Karen worked as a newspaper delivery woman for the St. Petersburg Times.

"I don't know," Huey sighed. "They just seemed like an odd couple."