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Sandi
Dawn NIEVES
Characteristics:
Date of murders:
Date of arrest:
Next day
Victims profile:
Jaqlene Marie Folden, 5, Kristl Dawn Folden, 7, Rashel Holly
Nieves, 11, and Nikolet Amber Nieves, 12 (her four daughters)
Location: Los
Angeles County, California, USA
Sentenced to death for murdering her four
daughters and then setting their home ablaze on July 1, 1998.
Jaqlene Marie Folden, 5, Kristl Dawn Folden, 7, Rashel Holly
Nieves, 11, and Nikolet Amber Nieves, 12, were clad in their
pajamas when they were found dead in sleeping bags and bedding in
the kitchen. The woman's 14-year-old son, David, was hospitalized
briefly for smoke inhalation and is now living with his father.
Nieves killed her children to prevent their father from getting
custody.
Nieves was sentenced to death in Los Angeles
County on October 6, 2000.
Court: Judge says Sandi Nieves 'betrayed the
trust of her children' in taking 'final revenge' against the men
in her life
By Caitlin Liu - Los Angeles Times
October 7, 2000
Calling the murders of four girls "cold,
vicious and calculated," a judge Friday sentenced their mother,
Sandi Nieves, to death, making her the 12th woman on California's
death row.
"She betrayed the trust of her children," said
Los Angeles County Superior Court Judge L. Jeffrey Wiatt,
condemning the Santa Clarita woman for the "horrible and violent
deaths" of her daughters, ages 5 to 12, after she set their house
on fire.
Nieves, 36, hid her face behind white paper
during the hearing. When asked if she had anything to say, she
responded, "If I could take back time . . . if I was smarter . . .
if I had time before everyone passed out, we would have gotten out
of that house."
The mother of five was convicted July 27 of the
first-degree murders of Jaqlene Folden, Kristl Folden, Rashel
Folden-Nieves and Nikolet Folden-Nieves, who died of smoke
inhalation. She was also found guilty of arson and the attempted
murder of her son David, who was 14 at the time and survived the
fire.
During the 3 1/2-month trial, prosecutors
established that Nieves was financially desperate and angry at the
men in her life. In the weeks before the murders, a boyfriend left
her, and she was engaged in a child-support battle with an
ex-husband.
On the night of June 30, 1998, Nieves told her
five children to sleep in the kitchen, where she joined them. She
then poured gasoline on the carpet and set it afire. In testimony
against his mother, David said the children woke gagging from
smoke, but Nieves ordered them to remain where they were.
"She was staging this multiple murder as the
final revenge at the men in her life," Wiatt said.
Deputy Public Defender Howard Waco
unsuccessfully argued that Nieves was not "legally conscious" at
the time of the crime. Nieves, who testified in her own defense,
said she had a flashback of holding a lighter in her hand, but
otherwise had no idea what happened.
On Aug. 9, a jury recommended the death penalty
for Nieves, and at least seven jurors and one alternate returned
Friday to the San Fernando courtroom, occasionally casting an icy
glance in her direction
Juror Bob Fisher of Van Nuys said during a
break: "The mother, taking the lives of her children, it's just
unthinkable."
Several jurors cried as they listened to
Charlotte Nieves, stepmother of the two older girls, describe the
suffering of her husband Fernando and Dave Folden, father of the
two younger girls.
"My heart aches because of all the memories we
didn't get to make," Charlotte Nieves said.
David Nieves, now 16, lives with his father,
Fernando, and stepmother and did not appear in court Friday. The
boy has refused all contact with his mother. "The mail he receives
from jail, he throws in the trash," Fernando Nieves said.
Of the 12 women on California's death row,
three others are from Los Angeles County. Maureen McDermott, a
former nurse, was sentenced in 1990 for ordering the killing of
her Van Nuys roommate to collect an insurance policy. In 1993,
Catherine Thompson was sentenced for hiring a killer to murder her
husband in Westwood. A year later, Mary Ellen Samuels was sent to
death row by a Van Nuys judge for orchestrating the murders of her
husband and the hit man she had hired to kill him.
The last woman executed by the state was
Elizabeth Ann Duncan of Ventura, in 1962, for murdering her
pregnant daughter-in-law.
On Friday, prosecutors said Nieves deserved
death row. "We've yet to see her remorse," Silverman said.
"Justice was served today."
Verdict: After one day of deliberating, jurors
decide on execution for the mother who set a fire that killed her
four daughters
By Caitlin Liu - Los Angeles Times
August 10, 2000
Agreeing on punishment as swiftly as they did
on guilt, 12 San Fernando jurors Wednesday found that Sandi Nieves
deserves to die for the murders of her four daughters.
Hiding her face, the Santa Clarita woman who
murdered her four daughters and tried to kill her son two years
ago sat stoically as the verdict of execution was delivered after
just one day of deliberations.
She broke down crying after she was led out of
the courtroom, her lawyer said.
Nieves, 36, will be the 12th woman on
California's death row if she is sentenced to death by Los Angeles
Superior Court Judge L. Jeffrey Wiatt, who is expected to uphold
the jury's verdict. The last time a woman received a death
sentence in the state was in San Diego County in October.
"We're very happy with today's verdict," said
Fernando Nieves, father of two of the dead girls and the teenage
boy who survived the house fire set by their mother. "The jury
never lost focus of what this trial was all about--it was about
four innocent little girls."
Eyes gleaming with tears, the father said he
would like to watch his ex-wife's execution.
Under California law, the case will
automatically be appealed to the state Supreme Court.
During a trial that lasted three months,
prosecutors established that Nieves wanted to take revenge against
the men in her life. She told her children they were having a
slumber party, had them sleep together in the kitchen, and then
started a fire.
Jaqlene and Kristl Folden, 5 and 7, and Rashel
and Nikolet Folden-Nieves, 11 and 12, died of smoke inhalation.
David Nieves, who was 14 at the time, was also in the house but
survived. Now 16, he testified against his mother during the
trial. He told the jury that he and his sisters woke up choking on
smoke, but that their mother would not let them leave the burning
house.
Deputy Public Defender Howard Waco contended
that at the time of the blaze, Nieves was in a legally
unconscious, sleepwalking-like state induced by a combination of
hormonal imbalance, stress and an adverse reaction to prescription
drugs.
The jury of five women and seven men found
Nieves guilty of four counts of first-degree murder, attempted
murder and arson on July 27, after one day of deliberating.
Given the facts and the circumstances of the
crimes, this is the only appropriate verdict," said Deputy Dist.
Atty. Beth Silverman. "The mother who deliberately killed her
children to exact revenge--that's a horrible crime."
Added Deputy Dist. Atty. Kenneth Barshop: "How
do you forgive someone who did the unforgivable?"
Free to talk publicly for the first time
Wednesday, all the jurors shunned the news media and Nieves'
attorney. But they invited prosecutors and the victims' families
to join them in the jury room, where they shared doughnuts and
cookies.
Outside San Fernando Superior Court, some
jurors hugged before going their separate ways.
An alternate juror, a crime scene photographer
for the LAPD who declined to give his name, said: "We did our
civic duty. That's all we can be held accountable for."
But their quick, unanimous decisions on Nieves'
guilt and punishment spoke louder than any words, prosecutors
said.
Waco said he was disappointed, but that it was
understandable because he wasn't permitted to present all the
evidence he had hoped to during the trial.
"The court seemed to have rulings which were
very consistently favoring the prosecution," Waco said.
During the trial, prosecutors and Waco fought
bitterly over evidence, each accusing the other of impropriety.
Wiatt repeatedly sanctioned Waco, mostly for making improper
objections or statements, and slapped him with thousands of
dollars in fines.
Waco, in turn, repeatedly filed motions to
remove Wiatt from the trial, alleging that the judge was biased
against him. In his own court filings, Wiatt denied Waco's charges
and stated that his rulings conformed with the law.
But on Wednesday, Wiatt announced he was wiping
out thousands of dollars in monetary sanctions he had imposed on
the defense attorney, except the first one--a $500 fine for
failure to comply with discovery rules.
Waco said he planned to appeal that fine.
With tears in his eyes outside the courthouse,
David Folden, father of the two younger dead girls, said it didn't
matter to him whether Sandi Nieves--who was his stepdaughter
before he married, then divorced her--lived or died.
"I have to deal with my life without my
daughters," Folden said. "The pain never goes away."
Mother Not to Blame in Deaths of Her 4
Girls, Lawyer Argues
By Caitlin Liu - Los Angeles Times
July 25, 2000
In an unusual closing argument punctuated by
objections, the defense attorney for Sandi Nieves, who is accused
of murdering her four daughters, urged jurors to find her not
guilty.
"Sandi Dawn Nieves is and was not a murderer,"
said Deputy Public Defender Howard Waco, in a rambling closing
argument that will continue today in San Fernando Superior Court.
He asked jurors to "squeeze the grape of truth" so that "justice
will come out."
Waco accused prosecutors of bias and contended
that Nieves was not legally conscious at the time of the deadly
blaze. Along the way, he repeatedly apologized to jurors for his
own conduct during the trial.
Prosecutors allege that Nieves, 36, was angry
and wanted to take revenge against the men in her life. The mother
allegedly gathered her five children in the kitchen of their
Saugus house for a slumber party on the night of June 30, 1998,
and started a fire sometime after midnight. Her daughters, Kristl,
5; Jaqlene, 7; Rashel, 11, and Nikolet, 12, died of smoke
inhalation. Her son, David, who was 14 at the time, survived.
Nieves is charged with four counts of
first-degree murder, attempted murder and arson. If convicted, she
could be sentenced to the death penalty.
"Her children were her heart and soul . . . her
whole world. In her right mind, she would never do them harm,"
Waco said Monday.
Waco said that letters written by Nieves before
the fire had been mischaracterized by prosecutors as suicide
notes. In one letter, an apparently angry Nieves wrote to an
ex-husband who sought to reverse his adoption of the three oldest
children: "Now you don't have to support any of us."
That language is "hyperbole," Waco said, adding
that using dramatic language was not unusual for Nieves. "She was
a very depressed person. But not so depressed that she would want
to kill her children," Waco said.
He accused prosecutors and detectives of the
Los Angeles County Sheriff's Department of sneakiness and bias in
how they handled the case.
"Absolute power corrupts absolutely," Waco
said, attributing the 19th century British statesman Lord Acton's
famous quote to Thomas Jefferson.
Also notable Monday was how frequently and
successfully prosecutors objected to Waco's arguments.
In the first three hours of Waco's closing,
Deputy Dist. Attys. Beth Silverman and Kenneth Barshop objected
more than 60 times, arguing that Waco was misstating the evidence.
Los Angeles County Superior Court Judge L. Jeffrey Wiatt sustained
the vast majority.
"If I'm wrong, I apologize. I don't mean to
mislead you in any way," Waco said, at one point.
Waco's closing argument also caps a contentious
three-month trial during which the lawyer was sanctioned
repeatedly and fined thousands of dollars by Wiatt. Waco, alleging
bias, has asked that Wiatt be removed from the trial. In court
documents, Wiatt denied Waco's allegations and said he followed
the law in his rulings.
Nieves' Attorney Apologetic in Closing
Argument
By Caitlin Liu - Los Angeles Times
July 25, 2000
In an unusual closing argument perforated by
objections, the defense attorney for Sandi Nieves, the woman
accused of murdering her four daughters, urged jurors to find her
not guilty.
"Sandi Dawn Nieves is [not] and was not a
murderer," said Deputy Public Defender Howard Waco in a rambling
closing that is expected to continue today in San Fernando
Superior Court. He asked jurors to "squeeze the grape of truth" so
that "justice will come out."
Waco accused prosecutors of bias and contended
that Nieves was not legally conscious at the time of the deadly
blaze in which her daughters died. Along the way, he also
misquoted Thomas Jefferson and repeatedly apologized to jurors for
his own conduct during the trial.
Prosecutors allege that Nieves, 36, was angry
and wanted to take revenge against the men in her life. The mother
allegedly gathered her five children in the kitchen of their
Saugus house for a slumber party on the night of June 30, 1998,
and then started a fire sometime after midnight. Her daughters,
Kristl and Jaqlene Folden, 5 and 7, and Rashel and Nikolet
Folden-Nieves, 11 and 12, died of smoke inhalation. Her son, David
Nieves, who was 14 at the time, survived.
Nieves is charged with four counts of
first-degree murder, attempted murder and arson. If convicted, she
could be sentenced to death.
"Her children were her heart and soul . . . her
whole world. In her right mind, she would never do them harm,"
Waco said Monday.
Waco said that letters written by Nieves before
the fire had been mischaracterized by prosecutors as suicide
notes. In one letter, an angry Nieves wrote to an ex-husband who
sought to reverse his adoption of the three elder children: "Now
you don't have to support any of us."
That language is "hyperbole," Waco said, adding
that using dramatic language was not unusual for her. "She was a
very depressed person. But not so depressed that she would want to
kill her children," Waco said.
He also accused prosecutors and detectives of
the Los Angeles County Sheriff's Department of sneakiness and bias
in how they handled the case.
"Absolute power corrupts absolutely," Waco
said, attributing 19th century British statesman Lord Acton's
famous quote to Thomas Jefferson.
Also notable Monday was how frequently and
successfully prosecutors objected to Waco's arguments.
In the first three hours of Waco's closing
argument, Deputy Dist. Attys. Beth Silverman and Kenneth Barshop
objected more than 60 times. Most objections alleged that Waco was
misstating the evidence. Los Angeles Superior Court Judge L.
Jeffrey Wiatt sustained the vast majority.
"If I'm wrong, I apologize. I don't mean to
mislead you in any way," Waco said at one point.
Waco's closing argument also caps a contentious
three-month trial during which the lawyer was sanctioned
repeatedly and fined thousands of dollars by Wiatt, whom Waco
asked be removed from the trial, alleging bias. In court
documents, Wiatt denied Waco's allegations and said he followed
the law in his rulings.
Mother Arrested in 4 Girls' Deaths, Fire
Crime: Facing bitter custody dispute, woman
asphyxiated the sleeping girls and set the blaze, police say
By Jeff Leeds and Solomon Moore and T.
Christian Mille - Los Angeles Times
July 3, 1998
Sandi Nieves was fighting hard to hang on to
her children in an ugly custody battle, worried that the allegedly
violent behavior of her ex-husband's older son presented a danger
to her four young daughters.
"I am concerned for the safety of our
children," she wrote a judge.
On Thursday, authorities accused her of killing
them.
Nieves, 34, who was arrested on suspicion of
murder, allegedly encouraged her four girls--ages 5, 7, 11 and
12--to hold a slumber party in the kitchen of the family's Santa
Clarita home Tuesday night, then asphyxiated them with natural gas
from the oven, Los Angeles County Sheriff's Department and
coroner's sources said. Nieves then allegedly used gasoline to
ignite a fire that blackened the inside of the home but did little
damage to its exterior, sources said.
Firefighters responding to a 911 call from the
home on Cherry Creek Drive on Wednesday afternoon found the four
girls tucked into sleeping bags on the floor of the kitchen.
Nieves and her son, David Nieves, 14, were taken to a hospital for
treatment for smoke inhalation, where they are listed in good
condition.
Authorities said Nieves would be taken to jail
as soon as she is released by doctors.
The killings came just one day before Nieves
and her ex-husband, David E. Folden, 47, were due in a Riverside
County court in advance of a hearing Monday to reconsider custody
of their children, as well as the division of shared property.
Folden was seeking greater access to his
children, but Nieves said in court papers that she feared for
their safety because of alleged drug problems and violent behavior
by Folden's son from a previous marriage. That son, David M.
Folden, 25, twice violated a restraining order forbidding him to
come within 300 yards of the younger children, according to
Riverside County Sheriff's Department records.
The elder Folden declined to comment when
contacted Thursday at his home in Perris. His lawyer was visibly
upset as she left Thursday's court hearing, which was canceled by
Family Law Court Judge Jean P. Leonard.
"It's a typical divorce case. This is
shocking," said Folden's lawyer, Krystal Clemens. "They had no
money to fight over."
Nieves' lawyer did not return phone calls
Thursday seeking comment.
Nieves' stepmother, Penny Lucia, said the
couple's divorce had grown increasingly rancorous since the couple
separated in February 1997. The divorce was made final in August,
but Folden had applied to the court for custody of the two younger
girls, his biological daughters. Folden told the court that Nieves
beat the children with a long wooden spoon. However, Los Angeles
County Department of Children and Family Services officials said
they had no reports of child abuse by Nieves.
Nieves, who had been unemployed, believed that
she would be able to retain full custody of the children, Lucia
said, because she had recently completed training to become a
police officer and was applying for jobs in San Diego County.
Lucia said she spoke with her stepdaughter
Tuesday, the day before the children's deaths. The two, she said,
had a typical mother-daughter chat about the children, school and
how they missed each other.
"Sandi would die for her kids," Lucia said.
"That's why the divorce is so bitter. It's over the kids. She
wants everything for those kids."
In a bizarre twist to an already bizarre case,
Lucia said that Folden met Nieves when he married her
mother--Delores Folden. When he divorced Delores Folden in 1987,
he listed Nieves as his daughter in court papers.
After that divorce, Nieves and Folden grew
close and married in June 1989, Lucia said. Eventually, Folden
adopted Nieves' three children from her previous marriage: David,
the 14-year-old, and his two sisters, both of whom were killed:
Nikolet A. Folden, 12 and Rashel H. Folden, 11.
The couple then had two of their own children,
Kristl D. Folden, 7, and Jaqlene M. Folden, 5, both of whom
authorities said were also killed by the gas.
The biological father of the oldest three
children, Ferdinand Nieves, could not be reached for comment
Thursday.
Penny Lucia said her stepdaughter told her that
Folden served her papers Monday seeking to annul his adoption of
the three oldest children in order to reduce his child support
payments. No documents seeking such an annulment could be found
Thursday in the Divorce Court file.
Authorities speculated that Nieves may have
tried to kill herself after killing her children. The role, if
any, of her son in the deaths was unclear. Penny Lucia said
relatives told her that the 14-year-old and his mother were found
by police in opposite ends of the home.
Friends of the family expressed shock at the
killings. They described Sandi Nieves as a good parent, close to
her children and a devout Mormon.
Pat Rogers, a neighbor and friend who lived
across the street from the family in Perris, said she last spoke
to Sandi about three months ago, shortly before Nieves left the
neighborhood.
"She had just pulled away from everyone. She
was very confused and very mixed up about a lot of things, but her
kids were everything to her," Rogers said. "Maybe the threat of
losing custody might have pushed her over the edge.
"I don't know where the truth is . . . when you
do something like that. If she, in fact, did that, that is not the
Sandi I knew," Rogers said. "Something snapped somewhere."
Carol Jernigan, who lives across the street
from the family's home, said: "To sit back and think about this
mother planning this is hard to imagine. I can't believe a mother
would do this to her own children."
Times staff writer Andrew Blankstein and
correspondents Richard Winton and Darrell Satzman contributed to
this story.