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Assistant DA James McCarty |
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. |
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“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.
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Defense Attorney David Lewis |
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. |
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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.
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