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Carolyn Warmus was born in Troy, Michigan and
grew up in Birmingham, Michigan, an affluent suburb of Detroit.
Her father Tom was a self-made millionaire who accumulated his
fortune in the insurance business. Her parents divorced when she
was 8-years-old. She attended the University of Michigan, where
she drifted into a series of unsuccessful romantic relationships.
There was an element of obsessive behavior in her dealings with
men. Warmus had a history of stalking boyfriends and hiring
private detectives to determine their whereabouts. One of her
former boyfriends, Paul Laven, obtained a restraining order
against her after Warmus waged a relentless campaign to win him
back. She called him and his fiancee and left messages on their
answering machine, contacted their friends, and deluged them with
notes, including one that falsely claimed Warmus was pregnant with
Laven's child.
After graduating with a degree in psychology,
Warmus moved to New York City. She hired a private detective,
Vincent Parco, to trail a married New Jersey bartender when he
lost interest in her. Soon after, she earned a master's degree in
elementary education from Teachers College, Columbia University
and landed a job in September 1987 at the Greenville Elementary in
Scarsdale, New York. Here she met colleague, mentor, and
soon-to-be lover Paul Solomon, a fifth grade teacher, and his
family, wife Betty Jeanne and daughter Kristan. Carolyn became a
role model and big sister to Kristan and she would buy her
expensive gifts.
Crime and investigation
Early in the evening of January 15, 1989, a New
York Telephone operator received a call from a woman in distress.
When the call was abruptly disconnected, she alerted police, but
they found nothing because the reverse directory had an incorrect
address.
At 11:42pm, the body of Betty Jeanne Solomon
was found in the family's Greenburgh condominium by her husband.
She had been pistol-whipped about the head and had nine bullet
wounds in her back and legs.
The investigation initially focused on Paul
Solomon, whose alibi was he had stopped briefly at a local bowling
alley to see friends and then had spent the evening with Warmus at
the Treetops Lounge in the Holiday Inn in Yonkers. When Warmus and
additional witnesses confirmed his story, detectives turned their
attention elsewhere, as did Solomon, who broke off his
relationship with Warmus and became involved with a new
girlfriend, Barbara Ballor.
Police suspicions shifted to Warmus when she
began to relentlessly pursue Solomon, including following him and
Ballor to Puerto Rico and calling the woman's family in an effort
to end the relationship. When they gained information that Warmus
had obtained a .25 caliber Beretta pistol with a silencer from
Vincent Parco shortly before the murder, Detective Richard
Constantino checked calls made from Warmus' home phone on January
15. He discovered one made at 3:02pm was to Ray’s Sport Shop in
North Plainfield, New Jersey.
The store's records indicated the only female
to purchase .25-caliber ammunition that day was Liisa Kattai from
Long Island. When questioned, Kattai denied ever being in the shop
or buying ammunition. Further investigation determined that
Kattai's driver's license had been lost or stolen while she was
employed at a summer job, where one of her co-workers was Warmus.
Police now had enough evidence to make an arrest.
Trial and conviction
Warmus was indicted on the charge of
second-degree murder on February 2, 1990. Carolyn made her
$250,000 bail and her father paid for her bond. Carolyn's trial
was held at the Westchester County Courthouse and David Lewis was
her attorney.
The trial dragged on as piece after piece of
testimony, evidence, and speculation were closely scrutinized by
the jury. Twelve days after the prosecutor and defense gave their
closing statements, the jury announced they were hopelessly
deadlocked at 8-4 in favor of conviction and unable to arrive at a
unanimous verdict. The judge was forced to declare a mistrial on
April 27, 1991.
In January 1992, a second trial began. The new
jury was able to gain better insight into who could have committed
the murder with the introduction of a new piece of evidence. A
bloody cashmere glove belonging to Warmus that had been spotted in
a photograph of the brutal crime scene was recovered, and this
would decide her fate.
At the end of this trial, the jury took six
days to decide Warmus was guilty on May 26, 1992. Judge John Carey
did not grant Warmus any leniency, saying she had committed "a
hideous act, a most extreme, illegal and wanton murder." Warmus
faced a minimum of 15 years, but Judge Carey sentenced her to the
maximum, 25 years to life in prison.
Incarceration
The former heiress now sits behind bars at the
Bedford Hills Correctional Facility for Women. She is eligible for
parole in 2017. If she had been given the minimum sentence of 15
years in prison, she would have been paroled in 2007.
Updates
In 2004, Warmus and inmate Pamela Smart filed
separate lawsuits claiming to have been sexually abused by prison
guards. Warmus stated that when she tried to complain about the
abuse she was punished in protective custody, as well as being
made to trade sexual favors for ordinary privileges. Pamela Smart
claims she was attacked by a guard who took photos of her
half-naked in her cell at Bedford Hills. Smart stated that when
she complained about the rape she was placed in around-the-clock
lockdown for 70 days. Prison officials said Smart was put into
protective custody to safeguard her after the photos were
published by the National Enquirer and she complained about the
assault.
Warmus received a $10,000 settlement from the
Department of Correctional Services, for her claims that she was
sexually abused and deprived of rights at Bedford Hills
Correctional Facility. She claimed that she was forced to have sex
with the corrections officers if she wanted time out of her cell.
In popular culture
Two television movies about the case aired in
the latter part of 1992. The Danger of Love: The Carolyn Warmus
Story starred Jenny Robertson as Warmus and Joe Penny as the
Paul Solomon character, rechristened Michael Carlin because
Solomon refused to allow the use of his name. He did cooperate
with the makers of A Murderous Affair: The Carolyn Warmus Story,
which starred Virginia Madsen as Warmus and Chris Sarandon as
Solomon.
In 2004, Warmus was profiled on the Oxygen
Network television series Snapped, which focuses on female
criminals. In 2008, Warmus was featured on the Investigation
Discovery (ID) program Deadly Women in the episode
Hearts of Darkness. In addition, the murder, investigation and
trial was shown on another ID series, entitled Cold Blood,
in the episode Femme Fatale, also in 2008.
Appeal by the defendant from a judgment of the
County Court, Westchester County (Carey, J.), rendered June 26,
1992, convicting her of murder in the second degree and criminal
possession of a weapon in the second degree, upon a jury verdict,
and imposing sentence.
Ordered that the judgment is affirmed.
On the evening of January 15, 1989 the victim
was killed by multiple gunshots. The evidence established that the
victim's husband and the defendant had started a relationship in
the fall of 1987, and the defendant's friends testified that the
defendant had become obsessed with the victim's husband, a fellow
teacher, and had expressed an ardent desire to take the victim's
place in his family.
The evidence also established that Vincent
Parco, a private investigator, sold the defendant the gun and
silencer that fired the bullets that killed the victim. Further,
on the day of the murder, a person using for identification a
driver's license stolen from the defendant's female coworker
purchased a box of the same type of ammunition that was used to
kill the victim. The New Jersey gun shop that sold the ammunition
had been called earlier that day from the defendant's home
telephone.
It was also established that the defendant
purchased a pair of gloves of the same type as a glove that had
become trapped underneath the victim's body. A glove identified as
that glove and admitted into evidence at trial contained fibers
that were consistent with fibers found on the victim's hands.
The defendant failed to preserve for appellate
review her contention that the evidence was not legally sufficient
to establish her guilt beyond a reasonable doubt (see CPL
470.05 [2]; People v Gray, 86 NY2d 10 [1995]; People v
Udzinski, 146 AD2d 245 [1989]). In any event, viewing the
evidence in the light most favorable to the prosecution (see
People v Contes, 60 NY2d 620 [1983]; see also People v
Grassi, 92 NY2d 695, 697 [1999]; People v Norman, 85
NY2d 609, 620-621 [1995]; People v Cabey, 85 NY2d 417, 421
[1995]; People v Williams, 84 NY2d 925, 926 [1994]), we
find that it was legally sufficient to establish the defendant's
guilt beyond a reasonable doubt. Moreover, upon the exercise of
our factual review power, we are satisfied that the verdict of
guilt was not against the weight of the evidence (see CPL
470.15 [5]).
Contrary to the defendant's contention, the
court properly admitted the glove into evidence.
The sentence imposed was not excessive (see
People v Suitte, 90 AD2d 80 [1982]).
The defendant's contentions, contained in her
pro se brief, that testimony as to the defendant's August 1989
trip to Puerto Rico was improperly admitted into evidence, that
the court improperly excluded evidence of her polygraph test, that
the trial publicity deprived her of a fair trial, and that the
jury improperly reached its verdict before the completion of
requested read-backs of testimony are unpreserved for appellate
review (see CPL 470.05 [2]; People v Reyes, 4 AD3d
541 [2004]; People v Spragion, 288 AD2d 498 [2001];
People v Cham, 259 AD2d 492 [1999]; People v Williams,
220 AD2d 549 [1995]) and, in any event, are without merit.
The defendant's contentions, contained in her
pro se brief, that the court improperly admitted the defendant's
audiotaped statement into evidence and allowed the jurors to
utilize a transcript of the statement while listening to the tape,
that the court erred in allowing the People to withdraw their
motion to dismiss the count charging her with criminal possession
of a weapon in the second degree, that the defendant's conviction
was improper because it is based on an "inference on an
inference," that the court improperly denied both of the
defendant's mistrial motions, that the court improperly excluded
evidence of a telephone call placed from Parco's office to a
telephone number in Plainview, New Jersey, on the day of the
murder, that the court erroneously excluded evidence of Parco's
bankruptcy and employment files, and that the defendant was
impermissibly prejudiced by the court's exclusion of certain
extrinsic evidence regarding Parco, are without merit.
The defendant's remaining contentions contained
in her pro se brief cannot be reviewed on this appeal as they are
based on matter dehors the record (see Merkle v Merkle, 91
NY2d 884 [1998]; People v Bell, 287 AD2d 460 [2001];
People v McKithen, 221 AD2d 476, 477 [1995]; People v
Drummond, 104 AD2d 825, 826 [1984]). Florio, J.P., Adams,
Luciano and Fisher, JJ., concur.
By Mark Gado
The movie
Every married man in America who had ever
thought of dallying with a woman other than his wife must have
trembled in his socks when he saw it. The film Fatal Attraction
debuted in the summer of 1987 and became an immediate commercial
success. It was directed by Adrian Lyne, of Flashdance fame and
starred Michael Douglas as Dan Gallagher, the beleaguered and
unfortunate husband. Dan was married to Beth Gallagher, the
attractive, loyal wife played by Anne Archer. The maniacal
mistress, Alex Forrest, so perfectly played by actress Glenn
Close, was every Lothario's worst scenario come true.
They first meet at a corporate party where Alex
was a guest of a mutual friend. Luckily, Gallagher's wife is away
on a business trip of her own. They hit it off from the very start
and by the end of the night, Gallagher takes Alex to her
apartment. In her kitchen, they have an intense sexual union,
which leaves them both wanting more.
But soon, things begin to go wrong. Alex
becomes possessive, vindictive and demands more of Gallagher's
time, which he is unwilling to give. She continually calls him at
his job and engages him in long conversations, which usually end
in screaming matches. Dan Gallagher attempts to break off the
relationship but Alex doesn't cooperate. She carries on as if they
are still a couple, calls him at home and makes her one-sided
plans for the future. Gallagher finally goes to the police when he
realizes that she is out of control.
Finally, Alex manages to get into Gallagher's
home where she attempts to murder his wife with a huge kitchen
knife. A few minutes later, Beth Gallagher shoots Alex as she is
about to kill her husband. When the film ended, America's married
men breathed a little easier. Until January 1989, when a real life
"Fatal Attraction" broke into the headlines. Only this time, it
was no movie.
This time, it was all too real.
The night of the murder
Greenburgh is a small town located about 20
miles north of New York City in the affluent county of
Westchester. It is a wealthy suburb where many business
professionals both live and work. Though the community has areas
of secluded and expensive homes, parts of Greenburgh are adjacent
to the City of Yonkers, which runs along a major artery called
Central Avenue. That thoroughfare is an extremely busy road where
thousands of cars and trucks pass daily. Hundreds of stores and
dozens of strip malls line Central Avenue from the Yonkers line on
the south all the way to its northern border with the City of
White Plains. There are also many condominium complexes and
stylish town homes that are set back from the hustling pace of the
street. They have trendy names like Mountainview and Forest Edge
that present the illusion of peaceful enclaves and tranquil
villages to potential buyers. Such a place was the Scarsdale Ridge
Apartments where an elementary school teacher, Paul Solomon, 41,
lived with his wife and child in 1989. Of course, the apartments
weren't actually located in Scarsdale but to have the name
associated with one's address carries a certain level of prestige.
Scarsdale is one of the richest and most desirable communities in
America.
Solomon was of Lebanese descent and had the
classical "Mediterranean look," dark complexion, dark hair and
brown eyes. He had a medium build, neither too fat nor too thin,
and in 1989, he had an abundance of thick, overflowing hair. That
year, Paul Solomon grew a full beard that made him appear older
than his years. He was less than average height at 5'7" and at
times, he appeared even shorter than he was. But he felt that
women found him attractive and over the years, had several
relationships outside his marriage. His wife, Betty Jeanne
Solomon, 40, worked as a financial manager in a nearby community.
They had a daughter, Kristan, 14, who had an interest in sports.
Like many marriages, the Solomons had their problems but they
remained together. "We had our ups and downs, but I still loved
her," he later told the court.
On the afternoon of Sunday, January 15, 1989,
Paul and Betty Jeanne were home together watching television
reruns. Kristan was away on a weekend ski trip with friends. Paul
had no plans that night other than to relax in front of the
television and catch up on some reading. At 1:37 p.m., the phone
rang in the kitchen. When Paul answered it, he was pleasantly
surprised to learn that it was another teacher who he had worked
with in the past. They met in 1987 when she arrived at the
Greenville School as a new teacher. They were immediately
attracted to each other and soon, they were sleeping together. She
was only 25 years old and Paul found her youth exciting and
inspiring. She had fluffy blonde hair, large oval eyes and a trim,
sexy body that turned every man's head. "It's very hard to resist
Carolyn," he said months later in court. Although she was
possessive and unpredictable, Paul liked her outgoing, fun-loving
personality. Her name was Carolyn Warmus.
During the 55-minute phone call, Carolyn
expressed disappointment that Paul didn't take her out for her
birthday a week before. Soon, they made arrangements to meet later
that night. The rendezvous was the Treetops restaurant located at
a Holiday Inn hotel on Central Avenue about six miles south of
Scarsdale Ridge Apartments. They had dinner at the same place
several times before so there was no need for directions. They
agreed on 7:30 p.m. and said their good-byes. When Paul confronted
Betty Jeanne in the living room, he told her that he was going
bowling that night.
Later that afternoon or perhaps early evening,
Paul hooked up a battery charger to his car, a 1983 Toyota Celica,
in the garage. A battery charger typically requires a few hours to
fully charge. Until then, the car would be disabled. He would have
to take his wife's car, a 1988 Dodge. At about 6:30 p.m., Paul
Solomon drove off, leaving Betty Jeanne safely inside the
apartment alone, while he went to meet his girlfriend.
Carolyn Warmus
Carolyn was the daughter of Tom Warmus, a
self-made millionaire who accumulated his fortune in the insurance
business in Michigan. She was born on January 8, 1964, in a
section of eastern Detroit called Saint Clair Shores, Michigan.
Raised in wealthy surroundings, Carolyn's every need and want were
usually satisfied. Although she lacked little in material things,
her parents were unable to stay together and after a bitter
struggle, they divorced in 1972. Carolyn was just eight years old
at that point. She and her brother and sister went to live with
their mother. But animosity between their parents continued for
years. There were many court appearances and disputes over
custodial issues. The fighting did not affect Tom's business,
though. He became even more successful and in 1990, the {New York
Times} reported that Tom Warmus was worth over $150 million and
owned a fleet of jets, several homes and dozens of cars.
After Carolyn graduated from high school, she
attended the University of Michigan in Ann Arbor where she became
involved with several married men. These relationships usually
ended in an unhappy manner with Carolyn feeling that she was
mistreated. Although she was a child of privilege, Carolyn was a
troubled young woman. She seemed unable to interact successfully
in most of her relationships. And there was always an element of
obsessive behavior in her dealings with men. One of her former
boyfriends was forced to obtain a restraining order from a local
judge to prevent Carolyn from harassing him any further. She had
promised to disrupt his upcoming wedding.
Eventually, Carolyn moved to New York City
where she attended Columbia University and obtained a master's
degree in 1987. In September that same year, she managed to get a
job at Scarsdale's Greenville elementary school. During the first
week at the school, she met Paul Solomon, a sixth-grade teacher.
It was mutual physical attraction at first sight. Few men could
not help but take notice of Carolyn's sexy persona and desirable
body. She was a fashionable dresser, always sure to be wearing
designer clothes that enhanced her figure and brought out the best
of her attributes. Carolyn came from money and it showed in her
dress, her style and her image.
But those involved with Carolyn over the years,
were not kind when it came to describing her personality. One
police detective, who went to Michigan to interview some of her
past friends, said recently, "People remarked about her mental
stability, called her "ditzy" and "schizo." And they weren't the
only ones. Some of Carolyn's co-workers told police that she had
several personalities and "she was a nut!"
Rendezvous at the Tree Tops
Solomon made a right turn outside the apartment
complex and drove south on Central Avenue. He pulled into the
Brunswick Lanes parking lot in Yonkers, a distance of less than
five miles from his apartment, within a few minutes. He bowled at
Brunswick frequently and knew a lot of people there. When he
walked onto the lanes he saw some friends and made a point to say
hello. After exchanging greetings, he sat for a few minutes and
watched the game. Then without explanation or good-byes he
suddenly got up and walked out of the alleys.
At exactly 7:15 p.m., about the same time
Solomon left the bowling alley, a telephone operator in
Westchester received a disturbing call. She answered the phone
call with the usual "New York Telephone." She immediately heard
screaming on the other end of the line.
"Can I help you?" she said, "can I help you?"
The response on the line was very quick, sudden and was not
repeated. She may have misunderstood the first word of the
response, but the message was clear.
"He's trying to kill me!" the female voice
screamed. The line then went dead. The operator was not sure if
the female said "he's" or "she's." When the number was identified,
the police were notified. They checked a reverse directory and
dispatched a unit to check out the location. But they could not
have known that the very same telephone number had recently been
reassigned to the Scarsdale Ridge apartment of Paul Solomon. The
police checked out the wrong address and left the scene convinced
it was a bogus call.
In the meantime, Paul Solomon got back into
Betty Jeanne's car and then drove a few more minutes until he
reached the Holiday Inn in Yonkers just off Tuckahoe Road. The
restaurant at the hotel was called the Treetops, a dark and
comfortable place to eat or pass the time over cocktails. It is
located just a stone's throw from the parkway and is easily
accessible for travelers northbound from Manhattan. Carolyn met
Paul there before and they both enjoyed the atmosphere at the
Treetops. It was dimly lit, quiet and had a sort of out-of-the-way
ambiance that a man in Solomon's sensitive position could
appreciate. When he walked in, he took a seat at the bar, ordered
a drink and waited for his date.
At about 7:45 p.m., Carolyn walked in and saw
Solomon at the bar. She joined him and for the next hour, they sat
together and enjoyed several rounds of drinks. According to the
court testimony of the waitress, they soon moved to a table where
they ordered their meals and drank for about two hours. Whenever
the waitress glanced at the table, she saw the couple absorbed in
a deep conversation. Solomon later testified in court that they
spoke about their future together: "She said it was difficult
finding good people to date. I said I would 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?" When it came time
to go, Paul paid the check and both he and Carolyn left the
restaurant together. Outside, they sat in Carolyn's car in the
corner of a darkened parking lot.
Soon, they were unbuttoning each other's
clothes. They kissed and felt each other's warmth. Carolyn's lithe
body was too much for Solomon to resist. According to Solomon's
later statements, she asked to perform oral sex on him. "Please.
Paul. Can I? Will you let me?" she said.
Within a few minutes, the sex was completed.
When they were finished, the lovers said good-bye with promises to
soon meet again. Carolyn drove out of the parking lot and turned
south to Manhattan. Paul Solomon turned left onto Tuckahoe Road
and headed home to the Scarsdale Ridge complex.
A short time later, at about 11:40 p.m.,
Solomon walked through the front door of his apartment and from
that moment on, his life would never be the same again.
Death scene
At 11:42 p.m. the phone rang at the Village of
Scarsdale Police Department on White Plains Road. The dispatcher
picked up the call and glanced at the clock. It was several
minutes before the change of tour.
"Scarsdale Police," he said.
"It's my wife! I think she's dead! I need help.
My name is Paul Solomon. She's not moving. She's covered with
blood! Please hurry!" The man was frantic. But Solomon had called
the wrong police department. The Scarsdale Ridge Apartments were
actually located in Greenburgh. The dispatcher notified the
Greenburgh Police who dispatched patrol units to the scene.
When the cops arrived, they found Paul Solomon
extremely distraught. He was nervous, excited and looked very
scared. "I got home, the first thing I heard was the TV on very
loud. I walked into the living room. The lights were out. I
noticed that Betty Jeanne was on the floor. I assumed she was
asleep," Solomon said later. "I touched her and she was cold. I
went and turned the lights on. I turned her over and there was
blood. I thought she had fallen and hit her head."
The police surveyed the room before them. Lying
on the living room floor in a wide pool of fresh blood, her head
away from the door, was the body of Betty Jeanne Solomon. She was
laying face down and appeared to have been shot several times.
There were obvious bullet holes in her back and leg. The room was
apparently undisturbed and there were no signs of any type of
struggle. The furniture and fixtures were intact. There was no
forced entry through any of the doors or the windows. Nothing was
stolen from the apartment. The television was still on and the
volume was turned up. A telephone receiver was lying on the floor
just out of reach of Betty Jean's hand. The telephone jack was
unplugged from the wall.
Detective Sgt. Tommy Lind and Detective Richard
Constantino of the Greenburgh Police Department soon arrived and
began the tedious job of note taking and conducting interviews.
Within minutes, the forensic team entered the apartment and began
to process the scene. They took photographs, completed a diagram
of the crime scene and dusted the area for latents. Sgt. Lind
found Solomon sitting in the living room of a neighbor's
apartment. When he asked Solomon what his movements were before he
came home, Solomon recited everything he did. But he left out one
important point. At first, he did not mention that he met Carolyn
at the Treetops.
Det. Constantino, 33, was a 10-year veteran in
1989 and already a detective for several years. Although he had
assisted in other death and homicide investigations, this would be
the first murder case in which he would be the lead investigator.
After a few minutes at the scene, Constantino immediately
suspected Solomon. "When a wife is murdered and the body is found
by the husband and he's the last person to see her alive, what
would anyone think?" he said in a recent interview. "And
statistically, in the majority of the cases, it's the husband," he
added. Although they did not like all of Solomon's answers,
Constantino and Lind made note of his oral statements. Solomon was
distraught but continued to answer all the questions. In the
meantime, the forensic team had located six .25-caliber shell
casings on the living room floor. A superficial examination of
Betty Jeanne's body revealed that she had been shot at least eight
times. Later, Solomon agreed to give a formal written statement.
At the police station, detectives went over
every detail of Solomon's movements prior to arriving home. He
then told the cops he did not come straight home after visiting
the bowling alley. He said that he met Carolyn Warmus at a
restaurant in Yonkers and had dinner. Solomon outlined his
relationship with Carolyn for the past year. He told them about
the Treetops date, the clandestine meetings, love notes at the job
and telephone calls to his home.
And, by the way, Solomon said, he almost forgot
to mention that after the Treetops dinner, he did have sex with
Carolyn in her car while they were in the parking lot.
The investigation goes on and on
Police later confirmed Solomon's alibi. "We
checked into his story and though he was a little off on his
times, he was substantially accurate," Constantino said. Workers
at the Treetops confirmed that Solomon and Warmus were drinking at
the bar and having dinner. Originally, detectives were strongly in
favor of Paul Solomon as the most likely suspect. It was difficult
to abandon the notion of the "philandering husband kills annoying
wife so he can be with his girlfriend" theory. But in this case,
investigators found that Solomon's explanation of his movements on
the night of the murder were, for the most part, truthful.
A few days later, Carolyn Warmus was asked to
come into the police department for an interview. "We figured we
might as well keep talking to her as long as she didn't object. I
called her on the phone and asked her to come in and she was very
nice. She said 'sure, I'll be right over,'" Constantino recalled.
"She came into the police station, I said 'Carolyn, how are you?'
She said fine and then said she didn't want to talk anymore
without a lawyer. We had to let her go at that point," he said.
Constantino, not totally convinced of her
innocence, plowed ahead in the investigation. Police also
speculated that Betty Jeanne was the target of a professional hit,
a victim of a burglary gone badly or an aborted sex crime. But one
by one, these theories were discarded and investigators were
forced back to square one. By spring 1989, progress had come to a
halt. "In around March of that year, we were at a dead-end. It
looked like we had nowhere to turn," Constantino recently said.
Detectives interviewed and re-interviewed everyone connected to
the case with little to show for it. At times, it seemed there was
nothing left to investigate.
In April, investigators turned their attention
to the phone records of Carolyn Warmus. These records were
obtained through subpoena and soon, detectives began to examine
each and every call made by Warmus from her Manhattan apartment
during the critical period before and after the murder.
Constantino spent "all of April and May examining the phone
records every single day." One of the phone numbers on the list
belonged to a Vincent Parco, a private investigator from
Manhattan. Carolyn made many phone calls to Parco both before and
after the day of Betty Jeanne's murder. When detectives questioned
Parco, he told them that Carolyn was a former client of his and
she had hired him to check on a previous boyfriend. The work was
performed and although Parco did no other work for her, Carolyn
continued to call from time to time to say hello. This didn't sit
well with investigators who suspected there was more to the
Parco-Warmus relationship than friendly phone chats. "We talked to
Parco several times, each time, he changed his story," Constantino
said.
Parco, perhaps seeing a future for himself that
could include jail, eventually decided to expand on his original
statement. He said that shortly before Betty Jeanne was killed,
Carolyn had asked him where she could get a gun. She said she
wanted it for protection and was very adamant about it. "Almost
every time that I saw her she became fairly persistent as far as
asking me to acquire a firearm for her," Parco later said at
trial. Carolyn also wanted a silencer for the weapon. "She became
persistent about getting a silencer for the firearm," he later
testified. Although he refused to get the weapon for her at first,
Parco told detectives that in early January of 1989, he finally
relented and sold her a .25-caliber automatic fitted with a
silencer for $2,500. The weapon was originally a gift that Parco
had received from a friend. He later sent the gun over to another
friend in Brooklyn, George Peters, who manufactured a silencer for
the weapon.
When detectives visited Peters at his machine
shop in Brooklyn, he admitted he manufactured a silencer for the
.25-caliber handgun. He also said that before he returned the
Beretta to Parco, he test fired the gun by putting a few rounds
into a block of wood. When detectives later conducted a search of
his workshop, they found a single spent .25-caliber shell casing
underneath a table. Westchester County Lab technicians performed a
comparison between that casing and the casings found on the floor
next to Betty Jeanne. The casings were a perfect match.
Constantino was elated. "The .25 Beretta automatic that Parco gave
to Peters to fit for a silencer and he later sold to Carolyn
Warmus, was the same weapon that was used to kill Betty Jeanne,"
he said.
The walls were closing in on Carolyn.
The telephone tells all
To police investigators, phone records are a
treasure trove of information. Phone numbers and the times of
calls can lead to bigger and better things in any investigation.
Constantino immediately looked for calls made on January 15, 1989.
"I found calls were made from Carolyn's apartment several times on
that date," he said. Parco was called on many occasions, both
before and after the day of Betty Jeanne's murder. But Constantino
noticed another call made at 3:02 p.m. on January 15. It was a
Jersey telephone number and when he ran it through the Cole's
reverse directory, which contains listings by phone numbers
instead of names, Constantino found that the call was made to a
gun store.
"It was called Ray's Sport Shop in North
Plainfield, New Jersey," he said. North Plainfield is located
about twenty miles west of Manhattan. "Me and Investigator John
"O.D." O'Donnell from Westchester County D.A.s Office, drove out
there to talk to the owner." At the store, Constantino and O.D.
reviewed the purchase records for the day of Betty Jeanne's
murder. They found several sales of .25-caliber ammunition. Men
from the New Jersey area made three of the purchases. "But only
one was a female. And she wasn't local, she was from Long Island,"
Constantino remembered. "We immediately thought: Why would someone
from Long Island drive all the way out to New Jersey to buy
.25-caliber ammunition?" he said. Her name was listed on the
records as Liisa Kattai and according to store records, she used
her New York State driver's license as an I.D.
"We drove out to talk with her and when she
opened the door, she refused to talk with us at first,"
Constantino said. "But when we told her it was a homicide
investigation, she told us her story. Kattai said that she never
purchased any ammunition at Ray's Sport Shop and had never been
there. She said that she worked at a summer job where her license
was either lost or stolen. She had reported the loss and received
a duplicate license from the Department of Motor Vehicles, which
she showed to the detectives. And one more thing, she told them,
during her summer employment, she worked with another woman named
Carolyn Warmus.
"We couldn't believe our ears!" Constantino
said. The police now had Warmus's phone records, which showed that
a call was made to a gun store in Jersey a few hours before the
murder. The gun store had a record of a purchase of the same type
of handgun ammunition that killed Betty Jeanne Solomon by a female
and the buyer used the stolen license of a woman who knew and
worked with Carolyn Warmus. It was almost too good to be true.
Jail!
The New York tabloids had a field day with the
story. They called Carolyn Warmus a "Sex Tigress", "A Woman
Obsessed", "Black Widow" and numerous other titles that underlined
the sexual side of the case. They pursued every lead in the story
no matter how small and the nightly news reported on legal
developments by the hour. Everywhere in the media, people were
talking about the "Fatal Attraction" murder case in Westchester.
Newsday said: "It's beginning to read like a script for
"Twin Peaks"...With Warmus' indictment in January, the curtains
were pulled back on Westchester's posh bedroom communities,
revealing the sordid drama that cinema is made of." The Toronto
Star said: "Carolyn Warmus, at times so demure, so alluring,
was every bit as obsessive and lethal as her fictional
counterpart. The real life case is even harder to believe than the
fiction!" The case became even more sensationalized when it was
rumored that Paul Solomon had sold story rights to HBO for an
undisclosed sum of money. Ultimately there would be not one, but
two movies made about the case.
In January 1990, a Westchester County grand
jury heard testimony and reviewed evidence in the Betty Jeanne
Solomon murder case. On February 2, Carolyn Warmus was indicted
for second-degree murder and a warrant for her arrest was issued.
A few days later, she surrendered in White Plains Court where
Westchester County D.A.'s investigators took her into custody. At
arraignment, Warmus was ordered held on $250,000 bail and sent to
the county jail for processing.
The media came out in droves for the trial. The
major networks and cable TV reporters gathered daily in the lobby
of the Westchester County Court building to do their interviews
and news videos. "It was horrendous!" Constantino said recently.
"Every day, I walked into the lobby into hordes of reporters. They
would try to pump me over and over for information." As witnesses
walked through the first-floor checkpoint and prepared to board
the elevators, reporters descended upon them with a barrage of
questions. Photographs of the defendant were especially at a
premium.
Early in the trial Carolyn appeared in a short,
very tight, very sexy miniskirt that had photographers snapping
away and film crews tripping over each other to get a better view.
A photo of Carolyn, wearing a short skirt, which exposed her
nicely formed legs, appeared in the nation's newspapers and news
magazines over the next few months. Always dressed to perfection
in designer clothes, Carolyn paraded each day into the courthouse
more like a model on a runway than a murder defendant. With her
blonde hair, confident style and voluptuous body, she was a "femme
fatale" right out of 1940s film noir, a woman who broke all the
rules. She was a symbol of a love gone wrong, an affair that
spiraled out of control until it ended in murder and betrayal. She
was the rich, spoiled heiress on trial for her life who wanted a
man so much, she was willing to kill to have him all for herself.
The trial
Preparation for the trial took months.
Prosecutors, led by Assistant District Attorney James A. McCarty,
38, spent a great deal of time going over evidence,
re-interviewing witnesses and planning case strategy. McCarty was
already a trial veteran by the time the Warmus case was handed to
him. By 1991, he already tried seven murder cases and won
convictions in six. He was considered a fine prosecutor and
enjoyed the respect of his peers, the police and many defense
attorneys as well. But he was well aware of the avalanche of
publicity already generated by the salacious aspects of the case.
"The Fatal Attraction" murder case was on the
front pages of the nation's press for months and though coverage
had subsided, it was sure to flame up once again as soon as the
trial got underway. And the spectacle of Carolyn Warmus on the
witness stand had the media salivating with anticipation. They
couldn't wait for the sexy, female killer, heiress to a fortune,
to take the stand and proclaim her innocence while her
lover-victim-stooge sat in the courtroom, movie contract firmly in
his pocket and a look of complete bewilderment on his face.
Reporters lived for a story like this.
For the defense, Warmus hired David Lewis, 35,
a nationally known attorney who once represented Panamanian
President Manuel Noriega. He was well regarded and had the
tenacity and skill of an expert trial attorney. Once the president
of the influential New York Association of Criminal Defense
Lawyers, Lewis was a formidable opponent who hated to lose and in
a case of this magnitude, he would be at his best. Accustomed to
high-profile cases, Lewis was not intimidated by all the
attention. "I love trying cases and this one offers a tremendous
opportunity for me to exercise my skills," he told the press.
On the bench was the enigmatic, unpredictable,
Judge John D. Carey, 66. Carey's erratic behavior on the bench was
well known and his antics were part of Westchester courtroom
legend. He was also known as a defender of civil rights and would
not tolerate any sort of prosecutorial error. A graduate of
Harvard Law School and former mayor of the city of Rye, Carey had
a long career in law that included service for the United Nations
on the Subcommittee on Human Rights. Often cantankerous and
stubborn, he was considered a difficult judge by many of the
attorneys who appeared in his court. He was not well liked by law
enforcement either. "He gave Lewis carte blanche in the courtroom.
I think he was enamored with Lewis' reputation. He let Lewis do
anything he wanted basically. He reminded me of Judge Ito,"
Constantino said.
The trial opened on January 14, 1991, in a
tenth-floor courtroom in White Plains, N.Y., amid a flurry of
media attention. Carolyn strolled into court wearing a tight, sexy
outfit that had her attorney cringing and reporters struggling to
get a photo. She sat at the defense table in the middle of two
bodyguards and rarely turned her head to look at any of the
spectators in the packed courtroom.
"Are we ready to begin?" asked Judge Carey.
After the preliminaries were completed, A.D.A. McCarty rose and
gave his opening statement. In a calm and clear voice, McCarty
outlined the case and evidence against the defendant. He said the
prosecution would bring "to this courtroom witnesses who will
testify and introduce items of evidence that will prove beyond a
reasonable doubt that Carolyn Warmus is responsible for the death
of Betty Jeanne Solomon." He went through Paul Solomon's
relationship with Warmus, the Vincent Parco connection, the
.25-caliber Beretta equipped with a silencer, and the purchase of
the ammunition from Ray's Sport Shop and the obsessive, clinging
nature of Carolyn's romantic relationships. He asked the jury to
listen to the evidence, analyze it, use common sense and "if you
do that I'm confident that you will find that the truth fits that
on January 15, 1989, Carolyn Warmus killed Betty Jeanne Solomon."
David Lewis rose from the defense table and
walked to the front of the jury box. A bear of a man with a full
beard and a steady convincing demeanor, Lewis was comfortable in
the spotlight and never wavered in his statements. He cast
suspicion on Paul Solomon and said that "this is a man who lied to
his wife...lied to her face and he lied for his own purposes so he
could be out with Carolyn and maybe others before Carolyn." Lewis
attacked the credibility of Vincent Parco whose testimony he knew
would be devastating to his client. "Vincent Parco is the master
in setting people up to take a fall for acts that he committed,
that he won't own up to...You'll also learn that he's capable of
saying anything!" He appealed to the jury's sense of fairness and
the prosecution's lack of evidence. As Lewis moved from the
podium, his voice rose in closing, "I will return to you and ask
you for a verdict of not guilty and I will tell you then, as I
tell you now, that we believe justice demands it and the law
requires it!"
And so after almost two years to the very day
that Betty Jeanne Solomon was shot in cold blood in the comfort of
her own home, the trial of her alleged killer began.
Paul Solomon tells his story
On February 7, 1991, Paul Solomon was called to
the stand to tell the jury what he knew about his wife's death.
Devoid of the full beard he wore at the time of the murder,
Solomon took the stand amidst a sense of anticipation by the
prosecution as well as the defense. It was no secret that part of
the defense strategy was to place suspicion on Paul Solomon. Lewis
wanted the jury to see Solomon as the philandering husband who had
a valid motive for doing away with his wife. The defense wanted
the jury to believe that a middle-aged man like Solomon would be
willing to do anything to share his bed with a desirable,
voluptuous woman like Carolyn Warmus. Dressed in a dark suit and
matching tie, he sat uncomfortably in the witness chair while the
sordid details of his private life became center stage.
He told the court of his failed marriage, his
several girlfriends in past years, including Carolyn, and of the
terrible night when he found Betty Jeanne dead on his living room
floor. Under detailed questioning by A. D. A. James McCarty,
Solomon went on to say that he felt guilty about his sexual
relationship with Carolyn and wanted to break up with her. "I
cared for Carolyn very much," he said. "I felt guilty about the
sex...I was not going to divorce Betty Jeanne." But he had
intercourse and oral sex with Carolyn on several occasions during
the year. "It's very hard to resist Carolyn," Solomon said as he
reached for the water pitcher.
After McCarty finished his questioning, it was
time for the defense to have a go at Paul Solomon. David Lewis,
who had prepared weeks in advance for this moment, began his
methodical destruction of Betty Jeanne's husband on the witness
stand. Referring to his past girlfriends Lewis asked how many
affairs he had in the past.
"Could you define the word affair please?"
asked Solomon.
"You know what adultery is?" said Lewis.
"During my marriage, the nineteen years I was
married, I have known a couple other people, yes."
"You're having trouble admitting to this, is
that the problem?" Lewis shouted back. He also made the jury aware
that Solomon had received immunity from prosecution when he
testified before the grand jury
"You knew that by testifying you would get
immunity, right?" Lewis asked.
"Yes, that's what I was told," Solomon replied.
"And you would get immunity from being
prosecuted as the killer of your wife, right?"
Solomon's voice rose in anger. "You mean
prosecuted for the crime that was committed, yes!"
"You know that you could have waived immunity,
right?"
"Correct," Solomon said.
"But you didn't do that?"
"No. I did not," Solomon replied. Lewis was
scoring big points with the jurors who he hoped were beginning to
see Solomon in a different light. But any respect or sympathy the
jury had for Paul Solomon evaporated when Lewis revealed that
Solomon had made a great deal of money from Betty Jeanne's death.
"You have a deal with Citadel productions and
HBO, right?"
"I believe so, yes," Solomon said, looking
embarrassed. Lewis asked if it were true that he received $25,000
up front, $100,000 if the movie is made and $30,000 consulting
fee.
"I'm kind of interested in hearing this because
I don't know the figures," Solomon said.
"You signed the contract?" asked Lewis.
"I know I signed the contract."
"You don't know the movie is called The Paul
Solomon Story? You don't know that?" Lewis shouted.
"My great hope was that it wouldn't be made,"
he said meekly.
Lewis pounced for the kill. "Let me get this
straight now, Mr. Solomon. You signed a movie contract for money
to not make a movie. Is that what you're telling us!" The room
erupted in laughter and whatever credibility Solomon once had was
demolished. A short time later, after six days of grueling,
often-contentious testimony, a tired, whipped and humiliated Paul
Solomon walked off the stand.
The P.I.
Private investigator Vincent Parco, a
middle-aged, balding man who spoke with a heavy New York City
inflection, took the stand on February 21. Tom Warmus described
Parco's speech as "a dialect or accent, almost like a Looney Tune
or comic character, almost not a normal-type voice." Dressed in a
gray suit and burgundy tie, Parco listened carefully to the oath
and said loudly "I do!" as he sat down in the witness chair. Some
law enforcement professionals do not hold private investigators in
high regard. They sometimes work on the fringe of the law and
frequently resort to unethical methods in order to get the job
done. In his opening statement, even McCarty warned the jury about
Parco's reputation: "He is testifying under a cooperation
agreement and he's not very credible. Vincent Parco bears no
resemblance to TV private investigators like Tom Selleck. By his
own account he did a very sleazy thing."
Upon questioning, Parco explained how he came
to meet Carolyn Warmus when she appeared in his office a few years
before. She hired him to do some investigative work regarding a
previous boyfriend. He told the court that Carolyn later asked him
on several occasions to get a gun for her. "She had mentioned that
there was a series of burglaries in her neighborhood, which is
very common in New York City," he said. But she also mentioned a
woman in Westchester that concerned her. She said that she needed
the gun for protection. Parco said that at first he considered
going to another state to simply buy the gun over the counter.
Carolyn also told Parco that she had I.D. that wasn't hers. "She
told me that one of the employees or teachers in her school had
left a pocketbook or wallet in the locker room and that she had
picked up some identification that she might use in the future,"
Parco said.
He went on to describe how the subject of a
silencer came up and how Carolyn was very interested in this
device. "And from that time on she became persistent about getting
a silencer for the firearm," he said on the stand. "At some point
I told her that an arbitrary price probably would be about $2,500
for the gun and silencer. She agreed to pay any price." During the
week of January 7, 1989, a week before the murder, Parco said he
delivered the .25-caliber Beretta handgun with a silencer to
Carolyn's apartment. A day after the murder, Parco said Carolyn
called and told him that a "teacher's wife has been stabbed or
bludgeoned eight or nine times." She said the police had
questioned her about the incident but she denied any involvement.
"I said 'Are you sure she wasn't shot?' and she said no and I
asked her, 'What about the gun?' and she said she wanted me to
pick it up," Parco said during testimony. Later, Parco also
testified that Carolyn told him she threw away the gun on a
parkway somewhere.
Defense lawyer David Lewis wanted to show the
jury that it was possible that Parco and Paul Solomon planned to
frame Carolyn for Betty Jeanne's murder. Lewis emphasized Parco's
lack of credibility and made sure the jury saw the witness'
tendency to lie so easily.
"And one of your special skills is being able
to tell a story that's a complete lie to total strangers and get
them to believe it right?" Lewis asked.
"Yes," Parco said.
When you're lying to total strangers, that's
when you're really being the most real. Right?"
"Yes," said Parco again.
"And the truth is the story you told when? The
first time? The second time? The third time?"
"When I tell it here," Parco answered. He also
said that he also became infatuated with Carolyn. He said that he
had met her many times at restaurants, went out to the movies and
had drinks together. But, he said, they never had sex. One time,
around Christmas, Parco said, Carolyn called him and said that she
was in sexy, black lingerie and wanted him to come over to her
apartment. Parco said he declined the invitation.
"I was very tired and said, 'Let's do it
Saturday night."
"You refused because you were tired and had a
headache?" Lewis asked sarcastically.
"I didn't have a headache," Parco replied with
a straight face.
The deadly phone call
"He's killing me!" the voice said on the other
end of the line. These were the words of the January 15, 1989,
phone call made at 7:15 p.m. from the Solomon residence to New
York telephone operator, Linda Viana. When she testified she said
that she was unable to state positively that the first word the
caller mentioned was "she" or "he." At face value, it seemed to be
the dying words of a murdered woman who was making a last second
call for help. But was it? Constantino had a very different
interpretation. "There was a lot of talk during the investigation
about who actually made that call," he recently said.
The facts are clear. The call was made from
Betty Jeanne's phone at 7:15 p.m. The phone was located in the
dining area of the apartment and was found disconnected, not
forcibly pulled out of the wall jack. Police found the phone lying
on the floor near the dining table. Bette Jeanne's body, which had
nine bullet wounds, was found in the living room and there was
blood on the carpet both under and near the body. But there was no
blood where the phone was located as McCarty pointed out in his
summation to the jury: "Think about it ladies and gentlemen, the
blood is all located where her body was found near the vicinity of
the couch, near the vicinity of the stereo." If Betty Jeanne had
made that call, presumably while she was being assaulted, would
there be blood present by the phone? And she would have to make
the call while she was being shot because she said "he is killing
me" in the present tense. How likely was it that a person who was
in the process of being shot would take the time to make a phone
call? And the phone was a rotary dial, not push button. Betty
Jeanne would have to dial the 911 using precious seconds while the
killer is pointing a gun at her.
But why would the killer take the time to call
the police?
At first glance, it would seem unlikely, but
closer analysis reveals a very convincing motive. "By calling the
police and saying those words, "He's killing me!" the killer, if
we assume it was Carolyn, immediately provides Paul Solomon with
an alibi," said a source close to the investigation recently.
Warmus did not want to send Paul Solomon to prison for the murder.
She knew that he was at the bowling alley or the Treetops
restaurant because they had talked about it earlier that day. He
therefore had a solid alibi at the time of the killing. Warmus
wanted the police to know exactly the time of the shooting so that
Solomon could have witnesses who saw him somewhere else. And by
saying the words "he's killing me," she has the added benefit of
casting suspicion away from herself.
"We believed that it was Carolyn who made that
call," said Constantino. A lot of people agreed with that
assessment. But there was no proof.
The story builds
As testimony dragged on, it was becoming clear
that the circumstantial web building around Carolyn Warmus was a
powerful one. Forensics experts testified that the casings found
in the Brooklyn metal shop matched up to the casings found at
Betty Jeanne's side on January 15, 1989. When Det. Constantino
testified, he outlined the case from beginning to end, much to the
dismay of the defense team.
From his arrival at the death scene, through
the many months of investigation, countless interviews, repeated
disappointments, late nights and early mornings, working on
nothing but the Betty Jeanne Solomon murder, probably no one knew
the case, in all its excruciating detail better than Det.
Constantino. For two days, McCarty guided his witness step by step
through the accumulation of evidence and statements. On the third
day, David Lewis got his chance to examine the witness. For the
next four and a half days, Lewis kept Constantino on the stand.
His relentless questioning and attention to detail had the
detective squirming at times. "A bear in a three-piece-suit. He
was the best," Constantino said recently, "The best attorney who
ever interviewed me. Very professional. If I ever got collared for
something, that's who I would want to defend me."
The woman with the stolen license, Liisa
Kattai, provided more damaging testimony. When she took the stand
she told the court that she never bought ammunition at Ray's Sport
Shop in New Jersey. She told the court that her license was stolen
or lost when she worked at a summer job in Manhattan. During that
same time she was friendly with a co-worker named Carolyn Warmus,
who, at times, certainly had access to her purse. But Liisa Kattai
could not say for sure that her license was stolen, only that it
was missing. And whether or not Carolyn had anything to do with
its disappearance, she couldn't say.
The prosecution also entered into evidence
Carolyn's phone records from the day of the murder, January 15,
1989. This phone bill clearly showed that a five-minute phone call
was made to Ray's Sport Shop in New Jersey at 3:02 p.m. that day.
That call, along with the purchase of .25-caliber ammunition by a
woman using Kattai's stolen license, was strong evidence against
Warmus. But Lewis countered this move by providing a phone bill of
his own. The defense phone records, which Lewis described as an
original MCI phone bill belonging to Warmus, not only lacked the
gun shop call, but also showed an additional call at 6:44 p.m.
from Warmus' apartment to Michigan. If Carolyn made this 6:44 p.m.
call then it would have been almost impossible for her to have
driven up to Westchester from her Manhattan apartment and kill
Betty Jeanne Solomon at 7:15 p.m.
But the prosecution team strongly suspected
that the defense bill was a forgery. McCarty called to the stand
technicians from MCI to testify as to the authenticity of the
billing statement. They stated that the company's computer tapes
definitely showed a telephone call was, in fact, made from
Carolyn's phone to the Ray's Sport Shop number on the date and
time in question. McCarty also established that the paper the
defense telephone bill was printed on was not delivered to MCI
until February 13, 1989. The bill was dated January 22, 1989. It
was a crushing defeat for David Lewis and his beleaguered client.
Carolyn sulked at the defense table, her face
hidden by her hands. She shifted uneasily in her seat and
scribbled notes on the pad in front of her. The attorneys
continued to argue the issues until Carolyn brought a halt to the
proceedings and whispered something to Lewis.
"Your honor," he said, "my client informs me
that she hasn't been feeling well today and that she thinks she
may be sick tomorrow and have to miss the trial."
The verdict and beyond
On April 16, 1991, David Lewis gave the defense
closing statements. "No one saw anything. No one saw a blonde girl
go up two flights of stairs and take a gun and silencer, screw it
on, get into the house, fire the shots and walk away. Nobody saw
that!" he told the jury. He said that Carolyn may have been the
victim of a frame-up at the hands of Vincent Parco and Paul
Solomon. He dismissed the testimony of each man as a liar and said
they could not be believed. As the jurors listened intently, he
appealed to their sense of responsibility. "I don't envy your
task. I'm glad it's not mine, but in getting ready to do it and in
sending you away from me and away from Carolyn, all I can wish you
is God speed."
In his closing statement, Assistant District
Attorney James McCarty said that the quality of his witnesses was
not his fault. "Sometimes you have to get together with a sinner
to get the devil," he told the jury. "According to all the
credible evidence, the devil in this case is Carolyn Warmus." He
described her as "cunning, opportunistic and manipulative in
dealing with other people." McCarty also pointed out that the
killing of Betty Jeanne was not a crime of sudden passion. He said
Carolyn plotted the murder as early as the summer of 1988 when she
first asked Parco to get her a gun. He told the jury that "Betty
Jeanne Solomon is entitled to a just verdict. We're entitled to a
verdict based upon the credible evidence...and the only logical
conclusion that can be drawn from the credible evidence in this
case, is that Carolyn Warmus killed Betty Jeanne Solomon on
January 15, 1989."
The jury went out for deliberations on April
17, 1991. After four days with no verdict, patience was wearing
thin. On her way to court, reporters besieged Carolyn in the lobby
of the courthouse. As cameras flashed in her face she let out an
ear-piercing scream that echoed off the walls. When she sat at the
defense table a few minutes later she was crying loudly and laid
her head on the table.
"I've had it!" she yelled to her lawyer. When
questioned by Judge Carey, she sobbed openly in court. "Somebody
tripped me, judge, I just can't take it. I'm afraid. Nobody cares
about me!"
For the next eleven nail-biting days, they
tried to reach a verdict under an umbrella of wild speculation and
various prophecies by the media. What was taking so long they
wondered? Was Carolyn fated to go free? Was she alone guilty? Was
Paul Solomon involved? Would Carolyn get life? There was much
speculation in the jury room about reasonable doubt and deep
concern over the lack of eyewitnesses. On the 12th day, April 27,
Judge Carey made the dramatic announcement to a tense courtroom.
It was a hung jury. They were hopelessly deadlocked at 8-4 in
favor of conviction. One juror later said, "They couldn't put the
gun in her hand in Westchester, and that made it automatically not
guilty." When he left the courtroom, Paul Solomon told reporters,
"My family and I are devastated by the knowledge that this
nightmare must go on." Det. Constantino was equally disturbed and
said, "I was very disappointed. There was no doubt in my mind that
she committed this murder." The District Attorney's Office soon
announced they would seek another trial.
Amidst the uproar on the tenth floor, Carolyn
Warmus slipped out of view and left the courthouse unnoticed.
Trial part two
The following year, in January 1992, a second
trial opened in the same White Plains courthouse. The prosecution
had repaired the damage from the first trial and tightened up the
loose ends. McCarty had presented evidence to a grand jury
concerning the phone bill that the defense offered into evidence
during the first trial. On December 4, 1991, Carolyn was indicted
for forgery and tampering with physical evidence.
For the second trial, all the principal players
were the same: Paul Solomon, Vincent Parco, Liisa Kattai, Det.
Richard Constantino, Judge John Carey and A.D.A. James A. McCarty.
There was only one significant change. David Lewis apparently had
enough of Carolyn Warmus. He left the defense team and a new
lawyer was hired: William Aronwald, a former federal prosecutor
and well known in White Plains courts. Meanwhile, David Lewis
filed a civil law suit against Tom Warmus for non-payment of his
legal fees for defending his daughter.
Interest in the case had not diminished. The
second trial received the same fervent media attention. It was
also announced that two made-for-TV-movies were in the making and
awaiting the outcome of the trial so that a proper ending could be
added. Much was made of Paul Solomon selling his rights to the
story while legal proceedings against his wife's alleged killer
were still ongoing. And he still lived in the same apartment where
the murder occurred three years before. Every day of his life, he
walked over the spot where Betty Jeanne died, a fact that did not
escape the attention of many people associated with the case.
When testimony began, Carolyn sat at the
defense table bringing a pillow to each day's proceedings so she
could put her head down on the table and rest during tedious
hours. At times, reporters noticed that she appeared distant and
maintained a far-away stare. There were no more designer clothes
and confident airs. Instead, there was an ominous feeling that
things were not going quite so well for Carolyn Warmus. After the
familiar faces testified, Solomon, Kattai, Constantino, Parco,
Peters and others, the case went to the jury on May 21, 1992.
After six days of deliberations and numerous
requests for witness transcripts, reviews of evidence and legal
clarifications, the jury reached a verdict. Judge Carey called the
proceedings to order once again and the room became dead quiet.
"Will you please bring in the jury?" he said.
The jury paraded in and took their seats.
"Have you reached a verdict?" Judge Carey
asked.
"We have your honor," said the forewoman. And
after a moment's pause, during which Carolyn's life must have
surely flashed before her eyes, the verdict was announced.
"Guilty!"
Carolyn remained standing and looked straight
ahead. She made no outward sign that she even heard the verdict.
Newsday said "Some in the crowded courtroom gasped with the
reading of the verdict, but Warmus betrayed no emotion." She was
immediately handcuffed at the defense table.
"You are remanded into custody pending your
sentencing," Judge Carey said. Warmus was led out of the courtroom
and taken to the county jail. A few minutes later, Paul Solomon
told the press: "What has been lost in this trial is that someone
took Betty Jeanne's life. The right person was punished, but that
doesn't bring Betty Jeanne back." McCarty said he was satisfied
with the verdict and glad it was over. Det. Constantino, who
worked the case from day one was also content.
"To tell you the truth," Constantino said
recently, "I was elated that it was over. Relieved. This case made
my life miserable for three years. Steady nights. Overtime every
week. It really wore down on me."
Day of reckoning
On June 26, 1992, three and a half years after
Betty Jeanne Solomon was murdered in her home, Carolyn Warmus
appeared in White Plains County Court for sentencing. The
courtroom was filled to capacity with the usual spectators and
press people, eager to see the reaction from the unpredictable
defendant. Court officers brought Warmus into the courtroom about
10 a.m. while the audience maintained a respectful silence. Gone
were the stylish, designer pants, the pastel jackets and sexy,
revealing outfits. She wore a loose-fitting University of Michigan
sweater and blue jeans. Her soft blonde hair seemed messy and
unwashed but her eyes were as wide and innocent as always. She
walked directly to the defense table and sat down with her
attorney William Aronwald. Her head bowed, her shoulders sagged
and she slumped awkwardly into the seat.
Judge Carey said that he was unmoved by pleas
for mercy from Aronwald. "No clearer case of malice aforethought
than this can be imagined," Carey said. "No community that aspires
to be bound by the rule of law can tolerate any such merciless
slaughter." When it came time for Warmus to speak, she still
proclaimed her innocence.
"I just spent time in jail for something I
didn't do. It's very traumatic. I did not ever make a phone call
to Ray's gun shop," she said in a soft voice. She had her hands
clasped in front and as she spoke, Warmus kept her head down.
"I'm sorry, I can't hear you," said Judge
Carey.
"I never made a phone call to Ray's Gun
Shop...I never bought a gun or ever received a gun from Vincent
Parco and I never bought a black pair of gloves from Filene's
Basement. The most important thing of all, I did not kill Betty
Jean Solomon. I had absolutely nothing to do with it," she said.
Judge Carey shuffled papers on his desk and asked her to speak up
once again.
"I'm standing here before you, Judge Carey,
devastated about being sentenced for a crime I did not commit and
I can only ask you for leniency because I am innocent," she said.
Warmus wiped her eyes and tried to stand upright but she looked
despondent and as lost as a little girl. "If I am guilty of
anything at all, it was simply being foolish enough to believe the
lies and promises that Paul Solomon made to me and allow myself to
be manipulated by him!"
Judge Carey was unmoved. He called the murder
"a hideous act, a most extreme, illegal and wanton murder." Warmus
faced a minimum of 15 years to life. But Carey sentenced her to
the maximum, 25 years to life. Warmus nearly collapsed. But some
in the room were very satisfied. Betty Jean's sister was in the
courtroom and told reporters: "To me, Carolyn Warmus is a very
dangerous human being. There is no reason for what she did to my
sister." Paul Solomon was not present at sentencing. Neither was
Carolyn's father, or anyone else from the Warmus family.
An article appeared in the New York Times
in August 2001, which stated that an appeal in her case may soon
be filed. At issue for several years was the question of whether
Carolyn Warmus was indigent and should the state bear the $60,000
cost for the trial transcript. She had no money and no assets. The
court ruled in her favor and the 30,000-page document was provided
to her lawyer. But as of January 2002, the Westchester County
District Attorney's Office has received no notice of appeal. The
former heiress, now convicted murderess, sits in the Bedford
Prison for Women waiting for the year 2017 when she will be
eligible for parole for the first time. Then, she will be 53 years
old.