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SANTA ANA, Calif. — On the night his
cancer-stricken brother was stabbed to death, David Jessee knew
his sister-in-law was somehow behind it.
A few years earlier, Jessee said, his brother
Jack told him over a glass of wine before bowling that if anything
ever happened to him, she would be to blame.
More than a decade later, a gray-haired Sandra
Jessee was sentenced Friday to life in prison without the
possibility of parole for having Jack Jessee, her third husband,
killed in their Orange County home in 1998.
Prosecutors said she wanted to avoid paying for
his cancer treatment and to collect his insurance and other
benefits. Jessee, now 61, and her son Thomas Aehlert hired a hit
man to commit the killing then received more than $650,000 from
the sale of the couple's Placentia home along with 401(k) death
benefits and insurance, prosecutors said.
"She's just one of the most twisted defendants
I've come across who would engage her own biological son in the
murder of a man she's been married to for 15 years at probably the
most vulnerable time in his life," Senior Deputy District Attorney
Mike Murray said. "To see her finally get justice is very
gratifying."
Defense attorney Derek Bercher said his client
would appeal her conviction last year for murder for financial
gain and conspiracy.
Authorities said Jessee recruited her son and
his friend Brett Schrauben to kill Jack Jessee for $50,000. Both
men testified against her after taking plea deals.
During Friday's sentencing, Jack Jessee's
daughters and brother pleaded with Orange County Superior Court
Judge James A. Stotler to impose a life sentence, which was
required by her conviction.
"At first I wanted the death penalty, but I
think it would be much better for her to sit and rot in jail,"
Chere Williams, one of the victim's daughters, told the court.
The case dates back to 1998, when Jack Jessee,
then 56, was diagnosed with colon cancer. Described as tender and
trusting by family, Jessee underwent surgery and was recovering
when he returned to the hospital for an emergency surgery due to
an infection, Murray said.
When a nurse tried to show Sandra Jessee how to
help her husband with a colostomy bag that he would need to use
temporarily, she refused to listen, Murray said.
"She was sickened by that," Murray said.
By then, the prosecutor said, Sandra Jessee had
already enlisted help from her son and his friend to kill her
ailing husband so she could move to Arizona, where Aehlert lived.
Schrauben in turn recruited his friend Thomas Garrick, to help him
carry out the job, prosecutors said.
On Aug. 13, 1998, Sandra Jesse told her husband
she was going out to buy chicken nuggets and ice and stop at the
bank. After more than an hour passed, Jack Jessee grew worried
about her and called his daughter, Cheryl Deanda, who lived
nearby, and asked for her help.
Deanda said she drove to the couple's house,
but Sandra wasn't back yet. So she took a spin around a nearby
shopping center to see if she could find her.
When she returned to her father's home 15
minutes later, she found him stabbed to death on the living room
floor.
"They say I'm lucky to be alive," Deanda said.
"They think the guy was still there when I came back."
Jessee's wife was a suspect from the beginning.
But Placentia police didn't have enough evidence to charge her and
the case went cold.
In 2005, Orange County sheriff's investigators
began reviewing the evidence, particularly a strip of paper
retrieved from Jessee's purse during a police interview after the
murder. The name on the paper was Schrauben, which investigators
matched to a tip received a few years earlier, Murray said.
In 2007, Sandra Jessee and Aehlert were
arrested in Arizona and brought to stand trial in Orange County.
They were both put on trial, and a jury deadlocked 11-1 in favor
of their conviction in 2009.
Last year, Aehlert struck a deal with
prosecutors and pleaded guilty to second-degree murder. He
testified during his mother's retrial last year, along with
Schrauben, who pleaded guilty to one count of voluntary
manslaughter in a deal with the district attorney's office in
2008.
A jury deliberated only four hours in December
before convicting Sandra Jessee. The conviction carries a required
life sentence, but Judge Stotler on Friday told the woman wearing
thick glasses and a jail jumpsuit that he would not have granted
her probation even if the law had allowed it.
The sentence was welcomed by Jack Jessee's
family, who lamented how he has missed seeing his grandchildren
grow up and attend college, and his daughter get married.
A hearing is scheduled for May 4 to discuss
restitution for the victim's family.
Aehlert is set to be sentenced in September.
Schrauben, who has been released from jail, is scheduled to be
sentenced in July.
Garrick has pleaded not guilty and has yet to
stand trial.
The case has not ended for Jack Jessee's
family, but on Friday his relatives said they were relieved at the
prospect of no longer having to see Sandra Jessee in court.
"This is like a 14-year ordeal that has come
almost to completion," David Jessee told reporters. "This was my
sister-in-law who put this whole thing together and she is going
to spend the rest of her life where she belongs, thinking about
this."
By R. Scott Moxley - OCweekly.com
Thu., Dec. 1 2011
Because she can't rely on beauty or wits,
Sandra Jessee--the pot-smoking granny accused of shopping at
Wal-Mart for an alibi while hit men she hired from Target executed
her husband--knows her fate depends on whether a jury finds her
credible.
After two of the other three alleged
conspirators took the witness stand, confessed roles in the
Rambo-knife murder and named her the evil mastermind behind the
crime, Jessee decided to abandon her constitutional right to
remain silent.
This week, she told the jury of six men and six
women that she too "died" the day of the ambush killing of her
husband in their Placentia home.
"I didn't believe it," a weepy, frowning Jessee
testified was her first reaction to learning of the August 1998
murder. "I wanted to know what the hell happened. . . . I died the
night he died. I, I, I couldn't go back [to the crime scene]. It
wasn't my home anymore. . . . I cried . . . I didn't know where to
go or what to do."
But Jessee's son, Thomas Aehlert, and his best
friend, Brett Schrauben, have extensively testified about the
conspiracy and the motive: access to the victim's life insurance
and retirement funds. Schrauben, who was also Jessee's drug
dealer, said he got paid $50,000 in installments for the job, but
subcontracted the killing for $20,000 to his other best friend,
Thomas Joseph Garrick. According to Schrauben and Aehlert, Jessee
signaled by telephone when she would leave her husband, seriously
weakened by two major surgeries, alone in their house.
Defense attorney Derek Bercher got Aehlert and
Schrauben to admit they are scumbags and then spent hours trying
to elicit character-demonstrating testimony from his client. From
his perspective, jurors should know that the defendant was a
generous, loving grandmother whose daily goal was to happily serve
her husband's every need. Bercher has barely stopped short of
making her a saint.
"Whatever he wanted or needed, he was going to
get it . . . anything and everything," Jessee testified. "I was
always in love with him."
She also claimed her wild, post-crime spending
sprees, including countless hours smoking pot and playing video
poker at casinos, weren't signs of joy but rather therapy to make
herself feel closer to her dead spouse.
"If I saw it and I wanted it, I bought it in
cash," she testified. "It was the only thing I had left--cash."
Cash also may help to convict her. Prosecutor
Michael F. Murray believes he has solid evidence that Jessee
withdrew chunks of cash from the bank before each of four
installment payments for the killing--payments both Aehlert and
Schrauben now acknowledge.
When Murray got his shot to question Jessee, he
pounced.
"Who killed Jack Jessee?" he demanded to know
without a hint of sympathy.
"I can't tell you," she said. "I don't know."
Any idea how the killer would know you'd be
gone shopping on the night of the murder?
"No, I don't," she fired back.
Murray asked her why after the murder she and
her son, the victim's stepson, kept notes near telephones that
read, "Be careful. Somebody might be listening" and "Don't use
cell phones."
Her answer to that question suggested odd
phenomena. To Bercher's questions, Jessee rapidly recalled details
of 15-year-old $40 transactions and other such minutia. But Murray
discovered she often had amnesia during his questioning. She had
no idea what the notes meant, she said.
After several hours of tough grilling, Jessee
had dropped the sweet granny talk. Indeed, at one point, she
snarled at Murray, who'd caught her in an apparent lie about her
suspicious timeline on the night of the murder. There may not be a
more intense prosecutor in Southern California and the pressure
obviously rattled her. She angrily began answering questions that
hadn't been asked. Superior Court Judge James A. Stotler agreed
with Murray that the defendant was avoiding the prosecutor's
inquiries. He ordered her to give responsive answers.
If I had to bet, the prosecutor, who has an
encyclopedic knowledge of the case, sealed a conviction on the
morning of Nov. 30, the second day he had Jessee on the witness
stand. Murray asked her if she recalled testifying for Bercher
that she'd do "anything and everything" for her husband. She did.
But by this point, Jessee feared Murray's
courtroom rhythm. He masks looming confrontations with a series of
softball questions. The topic of her commitment to her husband
made her pause. Over and over, Murray tried to get her to answer a
simple question: What was her reaction when she learned that
Jack's final colon surgery would require him to use a colostomy
bag?
For almost five minutes, she pretended not to
understand the question. The prosecutor asked a different
question: Didn't you cover your ears, run to the corner of the
hospital room and say that you weren't going to help your husband?
Jessee tersely said, "No."
As the clock ticked to 9:45 a.m., Murray picked
up a file with jurors watching intensely. He approached Jessee and
told her to read a written record. After a few seconds, she said,
"I don't remember that, no."
A nurse had recorded in detail Sandra's
reaction to learning that she would have to help her 56-year-old
husband regularly empty his colostomy bag.
Murray loaded a question with this detail from
the hospital report: Didn't you angrily refuse to help Jack?
Jessee's eyes squinted and she cocked her head
to the left in a defiant stance.
"I remember being there [and] nothing else,"
she said.
Murray kept asking similar questions.
"I don't remember that happening," she said.
"That whole time is vague."
Murray wouldn't give up, citing the nurse's
description of her hostility. Jessee looked like she was going to
explode. She held the prosecutor's stare.
"It didn't happen," he asked, "or you don't
recall?"
Jessse stonewalled, providing another
non-responsive answer: "I was there, yes."
Eventually, Murray got her to say the nurse had
invented her observations.
The impact of the answer was immediate. Nobody,
except perhaps Bercher, believes a nurse fabricated her notes. A
few court observers audibly gasped; others shook their heads in
disbelief.
Jessee had shattered the only thing she
desperately needed: credibility. As the clock ticked to 9:51 a.m.
in a silent, stunned courtroom, jurors closely watched for her
reaction to what had just happened. But she turned her head
sharply away and looked intensely at a far wall. I think even she
knew what she had done. When she left the witness stand, she
walked by the jury with her eyes fixed down to the carpet.
If convicted, the 60-year-old Jessee faces a
maximum prison term of life in prison without the possibility for
parole.
Closing arguments are scheduled to begin on
Monday.
By R. Scott Moxley - OCweekly.com
Mon., November 28, 2011
Accused of hiring hit men to murder her husband
while she shopped at Walmart and Burger King for a fake alibi,
Sandra Jessee declined to take the witness stand in her first
trial and saw herself and co-defendant, Thomas Aehlert, come
within one vote of spending the rest of their lives in a
California prison.
Since that 2009 Orange County hung jury trial,
Aehlert confessed the evil conspiracy against his fun-loving
stepfather, Jack Jessee of Placentia, and in the second, ongoing
trial testified against his own mother.
This afternoon, Sandra Jessee decided to take
the witness stand.
It wasn't entirely a surprise. The government's
case is strong. The move was definitely a risky gamble but her
freedom is at stake.
Under questioning by take-no-prisoner defense
attorney Derek Bercher, Jessee nervously assured jurors that she
loved her husband, cared for him in sickness, did everything she
could to nurse him back to health and anxiously anticipated
spending their "Cadillac time," or retirement years, together.
"Whatever he wanted or needed, he was going to
get it," she told jurors.
Several members of the victim's family slowly
nodded their heads in disgust by the line. They believe Orange
County Sheriff's Department (OCSD) evidence shows that the August
1998 murder took months, if not longer, to plan and its motive was
purely financial. Indeed, three of the accused killers partied
with the unwitting victim--drank his booze, smoked his pot, swam
in his pool and ate his food--just weeks before the murder,
according to prosecutor Michael F. Murray.
But the majority of the defendant's testimony
concerned her alleged deep commitment to her husband and the
fabulous times they enjoyed together as a couple.
"It was love at first sight," she testified
about their 1980 introduction. "I knew he was the one . . . I was
always in love with him . . . [Jack's marriage proposal meant] God
answered my prayers."
In the weeks before the murder, her husband had
critical colon surgery and she described a scene of
self-sacrificing affection in his hospital room.
"I'm not a religious person, but I prayed," she
said, weeping. "I didn't want to lose him. I slept right there on
the floor next to his bed."
The inference is obvious: why would a woman
take care of a spouse she planned to murder?
Bercher, who this morning complained about my
coverage of the case and asked Superior Court Judge James A.
Stotler to remind the jury not to read news reports, spent about
2.5 hours tossing his client softball questions.
At various times, a sad-faced Jessee described
herself as a wonderful if penny pinching granny, who enjoyed
bowling but not as much as a daily dose of pot or periodic trips
to casinos for video poker.
She also took subtle shots at her dead husband,
casting him as loving but lazy and superficial.
Jessee also directly confronted lingering,
damaging facts introduced in both trials by the government.
OCSD homicide investigators Brian Sutton and
Tom Dove found phone evidence that Jessee repeatedly called
confessed hit man Brett Schrauben at his Coto de Caza residence
prior to the murder. Schrauben has testified that Jessee's calls
were to press him to execute the killing. But today, Jessee
offered a more innocent excuse for her calls: She merely wanted to
buy marijuana from Schrauben, her son's Target co-worker. In his
testimony, Aehlert also said his mother's calls to Schrauben were
part of the plot to kill the man who'd treated him like a son.
(Such nasty, insider details invokes images of
pulp fiction, right, Mr. Bercher?)
Testimony resumes tomorrow in the county's
central Santa Ana courthouse and at some point prosecutor Murray
will get his first chance to cross examine Jessee, who he believes
has gotten away with murder for 13 years.
The case is noteworthy not just because a
mother-son duo allegedly plotted to kill the husband-stepfather,
but also because OC law enforcement--the Placentia Police
Department and OCSD along with Murray--refused to stop
investigating.
The battle between the two lead attorneys has
yet to draw sanctions from the judge
By R. Scott Moxley - OCweekly.com
Thursday, November 24, 2011
On the eighth day in the retrial of Sandra
Jessee—the pot-smoking grandmother accused of hiring Orange County
Target store employees, including her own "mama's boy" son, as hit
men to eliminate her husband—exasperated prosecutor Michael F.
Murray stiffened and threw his pen on the table as wide-eyed
jurors watched.
Derek Bercher, Jessee's wily public defender,
had just asked sheriff's investigator Brian Sutton a blatantly
improper question: Sutton had met with Thomas Joseph Garrick, the
man law-enforcement detectives believe is the actual "Rambo-knife"
wielding killer, and didn't arrest him, did he? Sutton confirmed
that fact. But Superior Court Judge James A. Stotler had
unequivocally ruled in pretrial motions that Garrick's free status
was banned, prejudicial information for the Jessee jury.
Murray objected; Stotler sustained his
objection and sent the jury out of the courtroom.
"Give me a chance to cool down," the prosecutor
said after the jury had left.
Far from a meaningless technical violation,
Murray believed Bercher's move was an intentional, underhanded
effort to undermine the government's case. Armed with the
knowledge that Garrick is a free man who has never been held
accountable for the Aug. 13, 1998, crime, jurors might reasonably
question what in the hell the prosecutor was doing, or conclude
his evidence was faulty, Murray told Stotler.
"I'm going to ask for sanctions," the
prosecutor, a West Point graduate who came within one vote of
convicting Jessee in the first trial three years ago, continued
after a few moments of silence that only seemed to fuel his anger.
"That was outrageous—to get whether or not [Garrick] had been
arrested in front of this jury . . . Mr. Bercher engaged in
misconduct."
During these courtroom battles, Bercher usually
matches or tops Murray's Type A personality. But in this instance,
he'd already won: He'd gotten the damaging information to the
jury, and nothing the prosecutor could now do would, as Murray
explained to Stotler, "un-ring the bell." Plus, Bercher scored a
bonus against one of the fiercest prosecutors in Southern
California, in that he'd gotten under Murray's skin, an
accomplishment that will surely bring hearty cocktail toasts at
future defense bar parties.
"I understand Mr. Murray's anger," he said
solemnly, managing to hold off a satisfied smirk until the judge
wasn't looking.
I'd lost track of the number of times Bercher
had previously violated a court order in the case, and each time,
a furious Murray had to accept Stotler's determination that the
public defender's errors had been "inadvertent" or "accidental."
This judge's generous findings belied the fact that each of
Bercher's supposedly accidental transgressions benefited the
defense and that he'd made similar moves in the first Jessee trial
run by a different judge.
"He operates with impunity," Murray complained
to Stotler. If the prosecution had committed Bercher's errors, the
defense would be granted a mistrial, he added. The judge agreed
with the last assertion, and the prosecutor invited him to inflict
some "pain" on Bercher as a way to discourage future misconduct.
Of the county's veteran major trial judges,
Stotler is one of the most cautious, with a sweet, grandfatherly
demeanor. Even when the jury isn't present, he's incredibly
hesitant to single out Bercher for criticism, choosing instead to
make generic statements that ask both lawyers to behave. Stotler
also employs a form of "time out" when the lawyers' skirmishes
become too intense. He tells rambling, mind-numbing personal
stories that tend to defuse tempers if from nothing else than
confusion.
Stotler admitted mounting frustration with the
public defender, but—for the umpteenth time—he declined to give
Murray what he wanted. He announced he would postpone
consideration of sanctions against Bercher until after the trial
because he didn't want to "chill" his aggressive defense of Jessee.
The savage killing of Jack Jessee, a popular
Fujitsu employee in Anaheim, went officially unsolved for nine
years. In 2007, Orange County Sheriff's Department (OCSD) homicide
investigators Sutton and Tom Dove won a confession from Brett
Schrauben. He claimed that his Target co-worker (and best friend)
Tom Aehlert and Aehlert's mother, Sandra Jessee, hired him as a
hit man for $50,000. They signaled him when Sandra would leave to
go shopping so that she had an alibi, according to Schrauben. At
the duo's 2009 trial, Schrauben claimed that despite his
reputation as a "bad boy," he'd chickened out and subcontracted
the murder to another Target co-worker, Thomas Joseph Garrick, for
$20,000.
Thanks in part to Schrauben—who walks like a
starving penguin that has spotted fresh food—Murray convinced 11
of 12 jurors that Aehlert and Jessee are murderers, too. Before
this second trial, Aehlert decided that he, too, would abandon the
conspiracy in exchange for a lesser conviction, second-degree
murder, and the chance to win parole from prison after serving at
least 15 years. (Schrauben's deal, arranged through legendary
Orange County defense lawyer John Barnett, was much sweeter: He
served just 515 days in the Orange County Jail and, except for
having to testify for Murray, resumed his life in Arizona.)
In the ongoing trial, both Schrauben and
Aehlert—who obtained a criminal justice degree and dreamed of
being a cop—have testified that Jessee ordered the killing and
used her murdered husband's money to pay for the hit. Aehlert used
his tainted income to buy a home near Phoenix; Schrauben bought a
new pickup truck and a Jet Ski.
Bercher has repeatedly accused the men of
"throwing Mrs. Jessee under the bus" by fabricating a story that
satisfies Murray's "ridiculous" theory in the case in exchange for
sweetheart deals. Under the defense attorney's grilling, both men
reluctantly acknowledged they are prolific, self-serving liars.
Both also admit that Jack Jessee was a kind man who'd done nothing
wrong to either of them.
So far the only potential villain who has
escaped Murray's wrath is Garrick. According to Aehlert's
testimony, Garrick supplied him details about the killing,
including the assertion that he left a dying Jack Jessee on his
living room floor, started to flee but decided to return to drive
even more knife wounds into the victim. Schrauben told the jury
that Garrick used his portion of the murder payments to fix his
teeth, which had turned black from an addiction to smoking
methamphetamines.
Garrick, a Laguna Hills resident, has told OCSD
investigators he is innocent, according to a recorded interview
reviewed by the Weekly.
Ironically, one of the biggest supporters of
Garrick's innocence is Bercher. He claims Aehlert and Schrauben
told a self-serving tale that casts his client as mastermind and
Garrick as assassin. And he's right, at least in part. The two men
seem to have minimized their involvement.
But the defense lawyer's theory gets more
nefarious. He wants the six men and six women on the jury to
believe there's another evil guy in the case: Murray. According to
Bercher, his courtroom nemesis provided a script for Aehlert and
Schrauben in the hope of nailing his innocent client.
Said Bercher, "[Sandra Jessee] wasn't involved
in this conspiracy at all."
By R. Scott Moxley - OCweekly.com
Thursday, Jul 30 2009
Blood Money
Cancer wasn’t killing Jack Jessee fast enough.
Did that drive his wife to hire a hit man?
Moments after a big July 21 loss, Michael F.
Murray—one of Orange County’s top homicide prosecutors—stood in a
sixth-floor courthouse hallway surrounded by jurors, some of whom
wiped tears from their eyes. They informed Murray he’d done a
“fantastic job” proving that a 56-year-old Placentia man’s wife
and stepson orchestrated his brutal ambush murder for a $777,000
inheritance. “You’ve worked so hard, and we’re so sorry,” a female
juror who works at Cal State Fullerton told the prosecutor. “We
all know they are guilty.”
But in the government’s case against Sandra
Jessee and her son, Thomas Aehlert, only 11 jurors shared that
sentiment. One member of the panel, an unemployed woman who lives
alone and recently watched Henry Fonda’s courtroom classic Twelve
Angry Men, voted not guilty on the first of three days of
deliberations and refused to budge.
“I was trying to figure out how to look at
everything,” this juror told me. “Did they do it? It’s hard for me
to say. I can’t say they absolutely did it.”
The lone juror’s stance prompted shouting
during deliberations, required Superior Court Judge Glenda Sanders
to declare a mistrial, put a relieved smile on Jessee’s
makeup-free face; caused Aehlert to weep; and hit Jack Jessee’s
brother, sisters and two daughters with another painful setback in
their 11-year quest for justice.
The deadlock didn’t change Murray’s opinion of
his case. Known for his relentless drive and willingness to take
tough cases, the veteran prosecutor didn’t care if the vote had
been 11 to 1 against him. He’d spent half a decade trying to
officially solve the killing, and he’s convinced the defendants
hired a hit man to mask their involvement.
“We’ll do this again and again and again, if
necessary,” said Murray, assuring Jack Jessee’s family there will
be a new trial. “I’m going to do this until I get it right.”
So why is Derek J. Bercher, Sandra Jessee’s
lawyer, convinced the prosecutor wants to send two innocent people
to prison?
*****
Though Sandra Jessee doted on children, the
pot-smoking granny was also fond of chocolate licorice, Almond
Joys, over-the-counter diet pills, sex toys and porno. She once
became distraught after losing $50 playing quarter slots in a
casino. But Jessee wasn’t the mastermind behind her husband’s
murder because, according to Bercher, “she loved her husband.”
Besides, Jessee—the daughter of a Chicago policeman—thought she
had an airtight alibi. Four time-stamped store receipts proved the
47-year-old had been running errands at the time an intruder
carrying a razor-sharp Rambo-style knife entered her single-story
home at 419 Choctaw Place on a quiet cul-de-sac in Placentia,
about 20 minutes east of Disneyland. Because it was a sweltering
summer night, the killer found a startled Jack wearing nothing but
shorts.
A fun-loving sports enthusiast and Fritos
junkie, Jack was a stocky, ruggedly handsome man with an endearing
smile. An optimist, he didn’t like guns or lock his doors. Classic
cars interested him. He didn’t have his first cavity until his
50s. He cheered the Raiders when they were in Los Angeles and was
a diehard Dodgers fan. The mechanical-engineering manager for
Fujitsu Electronics met Sandra at work in the early 1980s. They’d
married, with both each already having two kids. Jack enjoyed
family pool gatherings, tequila, blackjack in Las Vegas, daytime
walks, homemade lunches, Chardonnay with dinner and bowling on
Tuesday nights. Family, friends and co-workers cherished Jack, who
by all accounts had no enemies.
“He was the nicest guy in the world,” said
David Jessee. “And I’m not just saying that because he was my
brother.”
Holding the element of surprise and a
double-edged lethal weapon, the killer found his target alone,
unarmed and physically vulnerable. Two recent major surgeries for
colon cancer had left Jack weak, unable to work and, to his
immense frustration, temporarily attached to a colostomy bag.
Nonetheless, he refused to die without a struggle. The killer had
to stab Jack 11 times in the chest, arm, neck, back, shoulder,
face and head. His jugular and aorta were pierced. Jack fell—eyes
open and face down—on a rug in a growing pool of blood. The killer
signaled his getaway driver with a walkie-talkie, placed his knife
inside a black shoulder sheath, washed his hands in a bathroom
sink and walked away, leaving a blood-drip trail for a short
distance.
Later, the killer learned he’d made a terrible
mistake. But he must have felt lucky as he fled. A police car with
flashing red lights passed. The officer was oblivious to the
blood-spattered man wearing shorts, a long-sleeved shirt and Vans
sneakers who was getting into the passenger side of a waiting
Toyota Tercel. The escape east on Imperial Highway, then south on
the 55 and 5 freeways sparked one of Orange County’s longest
unsolved, cold-case mysteries: Who killed Jack Jessee on Aug. 13,
1998, and why?
*****
Without seeing the badge on his belt under his
suit coat, you might not guess that Daron Wyatt is a cop who has
earned accolades working homicide, gang and narcotics cases. Hell,
Wyatt’s DMV picture is frightening. He looks like a deranged drug
addict one step away from the asylum. But the picture was snapped
when he was working undercover and wearing a thick hillbilly
beard. The real Wyatt, who spent part of his youth in South Africa
with his missionary parents, isn’t a hard-edged fellow. When he
was a teenager, he wanted to become a teacher or a psychologist.
But Wyatt fell in love with police work after a stint as a
security guard at South Coast Plaza. Over the years, he has worked
at numerous police agencies and is now with the Anaheim Police
Department. The 42-year-old father can’t hide his pride when he
talks about his family, including a brother who is an Irvine cop.
On the night of Jack Jessee’s death, Wyatt was
working as a detective in Placentia. He was assigned the case, and
at 4 a.m., he began a four-hour interview of Sandra Jessee. She
explained that she and Jack had watched Jeopardy! and Wheel of
Fortune. Then, after 8 p.m., she drove to a nearby strip mall to
deposit a check; buy Jack a strawberry milkshake, fries and
five-piece chicken nuggets at Burger King; and purchase ice for
his fever and a new pair of short pants.
“He was sitting in his recliner,” she said. “I
told him I’d be back in an hour. The last thing he said to me was
he wanted sweet-and-sour sauce for his nuggets.”
But the evidence later proved Jessee’s trip
took longer than predicted, leaving her sick husband frantic. Jack
called his daughter Cheryl, who lived nearby. At about 9:30 p.m.,
he saw Cheryl in his driveway and asked her to go to the strip
mall to find Sandra. During the 15 minutes she was on her
unsuccessful trip, the killer completed his mission. Cheryl found
her lifeless father on the living-room floor and called 911. “I
rolled him over,” Cheryl recalled for the jury. “He had gashes in
his chest. I breathed into him, and every time I did, I could hear
air going through the holes.”
At about 9:50—minutes after the paramedics
arrived—Sandra drove up and said she’d “only been gone five
minutes.”
During the interview (hazily filmed with a
secret camera) at the police station, Wyatt asked Sandra if Jack
had enemies. She declared herself his best friend. She noted that
she didn’t like her neighbors, wondered aloud about “problems at
work” and a co-worker named Russ, but otherwise said she couldn’t
think of anybody.
“[Jack] had gotten really needy and clingy,”
she said. “[Changing the colostomy bag] was disgusting, but I’m
his wife. . . . He was a good man. But he was a lot more vain that
I was. He was always primping before he went out, kind of like a
woman would. . . . We fought. He never hit me. Nothing was ever
thrown. . . . He liked to drink a lot before [the surgeries]. . .
. I’ve been exhausted from taking care of him. . . . I didn’t
enjoy it. . . . It just seemed like one day rolled into another. .
. . When you have an invalid, which is what he was . . . I
exhausted myself.”
Jessee’s rambling puzzled Wyatt. “Her husband’s
just been murdered, and she’s complaining about him,” he says. “I
began to feel like she was trying to control the interview by
stalling my questions.”
Jessee’s alibi raised red flags, too.
Initially, she stated this sequence of events: She’d driven to
Lucky’s to deposit a check in an ATM, left for Sav-On and then
Wal-Mart in search of cleaning bottles for the colostomy bag, and
finally went to Burger King for Jack’s food. “Then, shit,” she
added, “I forgot the shorts [and returned to Wal-Mart across the
street].”
How long were you gone? Wyatt asked. Jessee
said, “I don’t know, hour [or] 45 minutes.”
Wyatt fired off a question: “Who killed your
husband?”
“I, I, I . . . a stranger?” replied Jessee. “I
don’t think Russ. I don’t think Cheryl.”
She volunteered that Jack loved his recliner
and that his mother called him her “precious baby boy.” “After he
got sick, we talked about life being too short,” she said. “I’m
not the easiest person to live with. We had our arguments and
fights. But I’m going to tell you something: Our lovemaking was
good, and it wasn’t the most important thing. We had a good sex
life.”
Wyatt returned to her alibi. Jessee noted
receipts proved her whereabouts. But the receipts, collected by
police from her SUV, contradicted her. Though all of the stores
she visited were less than two minutes away from home, she’d been
gone nearly two hours—including an unaccounted-for 63-minute gap.
The detective pressed about discrepancies.
“Gosh, I don’t remember now,” she replied.
“I’ve lost all track of time. I don’t know. I don’t know now.”
Other details caught Wyatt’s attention. Jessee
had been gone so long on the night of the murder that the chicken
nuggets had cooled and two bags of ice she’d purchased at 8:41
p.m. were melting when she arrived home, just before the 10
o’clock news.
Though she promised to cooperate, after her
interview, she refused to provide elimination fingerprints for a
CSI team; declined to answer Wyatt’s calls; and hired defense
lawyer Al Stokke, who promptly told the detective to stop calling.
Less than 24 hours after the murder, Sandra’s son, Tom Aehlert,
blocked cops from entering the crime scene in search of additional
clues. Wyatt had to obtain a late-night search warrant.
“I told Tom, ‘I’m trying to find your
stepfather’s killer, and you won’t let me in the house?’” Wyatt
recalls. “I remember thinking, ‘Hmmm.’”
Despite his suspicions, the detective couldn’t
prove who killed Jack. He got promoted, and during subsequent
years, the investigation stalled, although one fact was certain,
according to the DA’s office: Jack’s death gave Sandra more than
$777,000 in 2008 dollars. She moved to Phoenix to live near
Aehlert. They shared none of the money with Jack’s two adult
children, Cheryl and Chere. Instead, they bought themselves two
new homes with pools, new vehicles and a boat. It was a
comfortable lifestyle for a retired widow and an $8.50-per-hour
hospital-loading-dock employee. They’d moved on with their lives
and hoped everyone else had, too.
*****
Based on FBI reports, close to 6,000 killers
elude justice each year in the United States. In many of those
cases, investigators are hamstrung because there’s no obvious link
between perpetrators and victims. There are no statistics on the
number of killers who suffer daily anxiety attacks worrying that
authorities will hunt them down.
Evidence shows that Jessee and Aehlert took
precautions—for example, keeping this note near a phone: “Be
careful, could be recording.” They’d also shown contempt for the
police. If you need an image of the arrogance, consider this one:
Jessee’s brother flipped the bird at Wyatt less than a week after
Jack’s murder.
In 2003, four years after the murder and 358
miles from Phoenix, an Orange County Sheriff’s Department (OCSD)
homicide team that included investigators Tom Dove and Brian
Sutton reviewed the Jessee cold case. The file landed at OCSD
after a dissatisfied David Jessee, Jack’s older brother, pushed
the case out of the Placentia Police Department. A three-year-old
report caught Dove’s interest.
An anonymous caller had phoned Placentia P.D.
and said suspicions about Jessee and Aehlert were on-target. The
pair had hired a hit man who worked with Aehlert at a large,
well-known chain store and had used money from the murder to buy a
new truck and jet skis, according to the caller. He also claimed
to know that the hit man switched roles at the last minute and
drove the get-away car for another man who’d actually stabbed
Jack.
Incredibly, the Placentia cop who took the call
didn’t record any portion of it or take any steps to launch a
trace.
Based on the caller report, Dove and Sutton had
two immediate objectives: discover the identity of the 2001
caller, and cull through Target employment records to find
Aehlert’s co-workers.
*****
With his 1984 marriage to Sandra, Jack Jessee
had become stepfather to 15-year-old Tom Aehlert and his
12-year-old sister, Tracy. Aehlert was, according to various
family members, a “momma’s boy,” but he bonded with Jack on
sports. Jack loved the Raiders, and Aehlert backed the Pittsburgh
Steelers. Eventually, Aehlert married his high-school sweetheart,
Marla, and moved out of the house on Choctaw. He aspired to be a
cop and obtained an associate’s degree in criminal justice. But
his law-enforcement career never got farther than working security
for Target.
At the store, Aehlert met the man who would
become his best friend: Brett Scott Schrauben, who in the summer
of 1998 was a cocky 25-year-old Southern California hit man who
walked like a penguin, preferred guns to knives, drank alcohol
only to get drunk and didn’t mind visiting Jack Jessee’s house to
eat the unsuspecting future homicide victim’s food. Though
Schrauben saw himself as a ladies’ man, he cared more for video
games and trucks—American made and loaded with after-market
extras—than people. He’d botched an attempt to become a pimp, lied
about robbing ATMs and never delivered on a boast he could import
a kilo of cocaine. But he wanted folks to know he wasn’t a fool.
To hire Schrauben required a $5,000 non-refundable retainer and,
after the murder, $45,000 in cash. He fancied new purchases: a
Chevy truck; a Laughlin, Nevada, vacation; and a Sea-Doo jet ski.
His girlfriend wanted breast-enlargement surgery. And his day job
as a manager of the garden shop at an Irvine Target didn’t pay
well.
Schrauben, born in 1972, and Aehlert, born in
1970, bonded. He called Aehlert his “big brother.” The other
person Schrauben allowed in his inner circle was Thomas Joseph “T.J.”
Garrick, who, at two-and-a-half years his junior, was described by
Schrauben as his “little brother.” The three Target employees
played softball, ate dinner and drank together at bars.
It didn’t take long for the OCSD probe to
pinpoint Schrauben, whose name Dove recognized had been scribbled
on a note in Sandra’s purse on the night of the murder and then
forgotten for four years.
Dove and his team also managed to unmask the
anonymous caller as the South County boyfriend of the sister of
Schrauben’s then-girlfriend. That man, Mike Cavlovic, confessed
he’d made the call and said he’d overheard Schrauben and Garrick
discussing the murder at the Sports Page bar.
Says prosecutor Murray, “It’s Tom Dove who
connects all the dots.”
*****
But prosecutors need more than dots. Murray
needed to drive a wedge between the alleged killers, who—except
for U.S. Navy-bound Garrick—had moved to Phoenix. Dove launched
out-of-state surveillance, obtained wiretaps and designed a trap.
In early 2005, he left a series of voice-mail messages for
Schrauben’s OC friends. Those people called Schrauben and alerted
him that a homicide cop was looking for him. Dove wanted to see
how the hit man reacted.
The first person Schrauben contacted was
Aehlert. With deputies listening in, Aehlert told Schrauben to
relax, and then asked him if he felt comfortable talking on the
phone. Schrauben said no. Over the next five days, surveillance
teams watched Aehlert use pay phones and hold lengthy meetings
with Schrauben outside of a Target, inside two gun stores, at a
fast-food restaurant and during a residential birthday party.
Aehlert and his mother acted oddly, too. In one
conversation, Jessee asked Aehlert how the investigators “knew
about Brett,” causing her son to change the subject. Later, though
they lived a couple of hundred feet from each other, Aehlert was
recorded telling Jessee he didn’t want to talk on the phone.
Instead, they each drove separate cars to a strip mall, got out,
walked to the front of a closed State Farm office and talked.
Detectives arrested Schrauben. On the way to
jail, Dove, who’s now with the Riverside DA’s office, told the
handcuffed hit man to shut up and listen to a recording of Aehlert
and Jessee holding, what police believe, was a staged telephone
conversation for their benefit. During the call, the mother/son
tandem had, according to Murray, “thrown Brett under the bus” by
speculating that maybe Schrauben had killed Jack.
When then-sheriff’s investigator Craig Johnson
told Aehlert that Schrauben murdered his stepfather, Aehlert had
no audible reaction. He didn’t express relief that the case was
solved or outrage that a close pal was a killer. Instead, Johnson
noticed Aehlert’s eyes began darting around the room and sweat
appeared on his forehead. It didn’t help Aehlert when cops found
pictures of him drinking beer with Schrauben and Garrick at a 2004
Lake Elsinore party. Or that Aehlert had cited the admitted killer
as a character reference on an employment application.
*****
It took a Herculean, multistate police effort
to get Schrauben in jail. But he didn’t crack right away. Finally,
after more than 500 days of pretrial incarceration and a
guilt-inspiring jailhouse visit by Jack’s daughter Chere,
Schrauben confessed to Murray.
The confession: Schrauben claimed Aehlert
called him one day in 1998 and said, “My mother wants Jack
killed.” In another call, Aehlert said she was willing to pay
$50,000. Schrauben met with Jessee in a parking lot. She handed
him $5,000 cash and wanted the murder to occur after she signaled
by phone that she’d run errands. Afterward, Aehlert would call him
to “act like a grieving son” in case “anybody was listening.”
But Schrauben claimed he had second thoughts
about doing the killing himself and, though he kept more than half
the kill fee, got a replacement.
“T.J. stabbed Jack Jessee,” prosecutor Murray
told the jury in his June 22 opening statement outlining the
murder-for-hire conspiracy among Jessee, Aehlert, Schrauben and
Garrick. Aehlert wanted the crime to look like a burglary gone
tragically wrong, which, he believed, would draw police attention
away from his mother, according to Murray. He says Garrick—a tall,
lanky guy fond of baseball caps and wild parties—was supposed to
steal a valuable coin collection from the Jessee bedroom. “But in
his haste, he forgot to make it look like a burglary.”
For providing details of the conspiracy and
testifying truthfully at trial, the prosecutor gave Schrauben the
deal every guilty inmate in jail craves: He allowed the defendant
to walk out of custody instead of facing trial and a possible
life-in-prison sentence.
The confession led to the 2007 arrests of
Jessee and Aehlert.
*****
In Orange County’s public-defender circles,
Bercher—a stocky, feisty fellow who speaks with a surfer-dude,
nasal tone—is famous for his aggressive defense of accused
criminals. He’s a volunteer soccer coach. The University of Texas
at Austin and UC Hastings law graduate looks like a cop (his
hairstyle is a flat-top), yet cops don’t normally like him.
There’s no doubt why. Bercher is fearless in a courtroom. You
won’t hear him apologize for deriding cops or prosecutors he
thinks are dishonest. Indeed, over the years, more than a few
officers have walked off the witness stand to angrily blast
Bercher as anti-law enforcement.
During June’s lengthy jury selection for the
Jessee/Aehlert trial, Bercher told prospective jurors he was
“honored to represent” Jessee. (Mild-mannered Doug Lobato, another
public defender, represented Aehlert.) He wasted no time attacking
not only the cops, but also prosecutor Mike Murray and his star
witness, Schrauben. Serving in law enforcement “doesn’t mean [that
person] won’t lie,” Bercher told a packed courtroom. He asked
prospective jurors if they would trust a snitch.
Outside the presence of the jury pool, Bercher
further signaled his desire to slug it out with Murray. He
complained to Sanders, running her first murder trial, that the DA
was improperly influencing jurors during the selection process by
“attempting to precondition the jury to validate his conduct.”
Said Bercher, “I’m deeply concerned about Mrs. Jessee’s right to a
fair trial.” Murray was unamused.
Perhaps sensing the coming bitter sparring
between attorneys, the judge smiled after one pretrial bout and
said in her South African accent, “Trials are not like
choreographed ballets—far from it.”
Jurors laughed, but what they’d witnessed was
far from humorous.
*****
It’s not uncommon for Orange County defense
lawyers to attack the credibility of police witnesses, but it’s
rare when they’ll assert that the prosecutor is dirty. At trial,
Bercher and Lobato, Aehlert’s lawyer, accused Murray of “making a
deal with the devil,” Schrauben. Dozens of times, they told the
jury that Murray had written “a script” for the hit man to falsely
implicate their clients. They called Schrauben a “pathological
liar.” They tried but failed to present evidence that Schrauben
slept with his adult, married sister when her husband was out of
town. They pointed out that police have never arrested Garrick,
the knife wielder in Schrauben’s account, and that, in a 2005
preliminary hearing, a judge rejected Jessee as a co-defendant,
only to see her re-charged. Bercher held little back, accusing the
DA’s office of “manufacturing a motive [against Jessee and Aehlert]”
because Murray was intent on assigning a “diabolical motive” to
their conduct. He even tried to provoke the prosecutor and Wyatt,
asking the men if they called each other in the morning to
coordinate clothing.
In two OCSD interviews, Garrick denied killing
Jack Jessee, but Murray says his interest in Garrick is “very much
open and active.” He explains his deal with Schrauben this way:
“He’s a villain. You can’t sugarcoat the guy. But it’s not a
perfect world.”
And Bercher’s taunts? “I’m not going to stoop
to his level,” he says.
The bottom line for the prosecutor is whether
evidence backed the hit man’s story. In his view, bank, phone,
hotel and airline records found after the confession, plus an
eyewitness, corroborate key portions of the assertion that after
Jessee made a pre-murder $5,000 payment, Schrauben took
turn-around Southwest Airlines flights to Phoenix, where Aehlert
handed him three cash installments totaling $45,000.
Bercher suggested an alternative theory: Cash
flowing from Jessee’s bank account when Schrauben claims he
received his installments actually paid for loads of marijuana,
casino losses and under-the-table gifts to family members in an
attempt to hide income from the IRS.
There was also this eyebrow-raising tidbit:
After moving to Arizona, Jessee named Schrauben as one of the
trustees to her estate.
“Jack Jesse was a real person,” Murray told
jurors. “He had a life, and it was taken away for one of the
vilest reasons imaginable: greed—pure unadulterated greed.”
Murray’s argument convinced all but one juror.
If he wins convictions at a future trial, two
ironies will loom above all others in a case loaded with them.
Police say Jack Jessee’s final words were a plea for his wife to
rescue him. And, according to the autopsy, Sandra Jessee was on
the verge of inheriting her husband’s money anyway. Dr. Anthony
Juguilon, a pathologist, estimated that Jack had as few as two
months to live if he hadn’t been murdered.
But Bercher won’t concede: “Sandra didn’t do
it, and Mr. Murray knows it.”
Wife is arrested a second time in the murder of
her cancer-stricken husband. Her son also is in custody in O.C.
jail.
By Erika I. Ritchie - The Orange County
Register
May 29, 2007
PLACENTIA - A woman accused of orchestrating
the slaying of her cancer-stricken husband has been re-arrested a
little more than a year after a judge tossed out murder charges
based on lack of evidence.
Sandra Jessee, 56, was arrested Friday in
Phoenix in the 1998 stabbing death of Jack Jessee. Sandra's son by
a previous marriage, Thomas Aehlert, 37, also was arrested in
Arizona as an accomplice.
Both were extradited to California and are in
Orange County jail awaiting court appearances today. Each is being
held on suspicion of murder and conspiracy charges.
The Orange County Sheriff Department, the
Orange County District Attorney's Office and Placentia Police
Department plan a press conference this week to discuss the case,
but were not willing to release details Monday.
On Aug. 13, 1998, Jack Jessee, 56, was home
alone. The Fujitsu Electronics engineer was recovering from a
second surgery to combat colon cancer. About 9:45 p.m., his
daughter, Cheryl De Anda, found him lying in the living room of
his home. He had been stabbed in the chest four times.
Placentia homicide detectives turned the case
over to the Orange County Sheriff's Department cold case squad in
2002 so more resources could be devoted to it.
Sandra Jessee was first arrested in February
2006 and charged with planning a murder-for-hire-scheme to kill
her husband. She was released from jail about four months later
after an Orange County Superior Court Judge dismissed charges
following a four-day preliminary hearing, citing a lack of
sufficient evidence.
On the day Jack Jessee was killed, Sandra
Jessee told police she had gone out shopping and dining. She
returned shortly after 10 p.m. and found fire engines and police
outside their house.
Brett Schrauben, 31, of Gilbert, Ariz., known
as a family friend, was also arrested and charged with murder. He
spent a year and a half in Orange County Jail. He was released in
February 2007 after a prosecutor said there wasn't enough evidence
against him.
Jack's brother David, 67, says he has suspected
Sandra from the start - he just didn't think it would take so long
to charge her with the crime.
"It's a great weekend," David Jessee said in a
phone interview Monday from his Arizona home. "My whole family has
been waiting for this for almost 10 years. Two weeks ago was my
brother's birthday. He was the nicest man I ever knew."
Investigators have not revealed what they
believe motivated the attack, but Jack Jessee had accumulated
$500,000 in mutual funds, had a substantial retirement and a home.
Beverly Crane, 61, of Lakewood, Jack Jessee's
sister, said she had an emotional breakdown after Sandra Jessee
was released a year ago.
"It was devastating after all those years," she
said. "When there weren't any arrests for so many years, you get
to the point that you think the case will never be solved."
She wondered how her brother, whom she
characterizes as "the sweetest man in the world," could have
gotten mixed up with Sandra.
"He got married to his first wife at 19," she
said. "They were married 25 years and then had problems, Sandy
glommed onto that. I don't think they had a great marriage - she
acted strange a lot."