| On September 4, 1998 , Kendall Francois was indicted in Dutchess
County Court for murder in the death of Catina Newmaster. The
indictment came as the relentless search for bodies continued at 99
Fulton Avenue. Forensic experts had already been summoned to assist
county investigators in the post mortem examinations. Special x-ray
devices were utilized at the home to locate bones and other body
pieces that may have been hidden inside walls or buried on the
property.
In the pouring rain, the search continued. Onlookers in the
street huddled underneath umbrellas as the media took up a watch
across the street from the Francois home. Some small trees and
bushes that were growing in front of the property were cut down by
the police and were laying in a pile on the sidewalk. Flower
bouquets and other memorabilia from victim’s families and friends
sat under a tree near the Francois home. An eerie quiet permeated
the scene and even the drenching rain could not wash away the
sadness of the crowd at 99 Fulton Avenue. A few
blocks away, at the Holy Trinity Church, a memorial service
was held for the victims on Tuesday night. The Rev. Richard LaMorte
offered comfort to victims' loved ones and police alike, who
had been searching the house for a week with no break. He said to
the press: “in tragedies like this, you need a religious
experience. I realize some of those police are my
parishioners.”
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| Kendall Francois |
The following day, on Wednesday, September 9, 1998, the public
got its first look at Kendall Francois as he appeared in
Dutchess County Court to enter a plea. Wearing black pants and
a white shirt, the big man stood silently before Judge Thomas J. Dolan as a plea of “not guilty” was entered.
Kendall showed no emotion and seemed distant from the proceedings. |
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Some of the spectators became enraged. “He killed my daughter!”
the mother of one of the victim’s cried. Others almost had to be
removed from the courtroom by officers who struggled to control
their emotional outbursts. But when court officers asked some
spectators to leave, Judge Dolan permitted all the families to
remain.
In his next appearance on October 13, 1998, he was formally
charged with eight counts of first-degree murder, eight counts of
second-degree murder and one count of attempted assault. In the
state of New York, first-degree murder includes serial murder. Upon
conviction of this charge, Francois could receive the death penalty.
His attorneys were well aware of this and, as a result, on December
23, they attempted to enter a plea of guilty to the murders.
In the state of New York, prosecutors have 120 days from
indictment of first-degree murder to decide whether to pursue the
death penalty and must then notify the court of that intent. A death
penalty in New York can only be imposed by a jury, therefore a
defendant who avoids a trial removes the threat of capital
punishment. As a result, Francois’ plea of guilty to a Murder 1
indictment, prior to prosecution’s notification to court that they
intend to seek the death penalty, spared his life. The very next
day, District Attorney Grady announced that his office would seek
the death penalty in Francois’ case. However, the status of Francois’
guilty plea was unclear.
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On February 11, 1999 the matter was decided in Dutchess County
Court when Judge Dolan ruled that the death penalty law, in the way
it currently applies, does not permit a plea of guilty prior to
prosecution’s filing of a death penalty case. The defense team
appealed the decision and the matter headed over to the State Court
of Appeals, one of the most liberal minded courts in the nation. The
case was heard on March 31, 2000. At issue was the crucial question
of whether Kendall Francois, and other future murder suspects who face execution,
will be able to avoid the death penalty, ironically, by admitting to
their crimes. The Appeals Court ruled that a defendant may
not plea prior to the D.A.'s filing notice of a death penalty
case.
On the morning of August 7, 2000, the Dutchess County courthouse
was packed with spectators, friends and family members of the murder
victims. They sat for hours, their grief and anger steadily
building for what was to come. Then, at 1:10 p.m., a sudden hush
fell over the room. A side door opened and Kendall Francois,
his huge six-foot-four frame towering over the deputies, was led
into the court. He had on a dark blue button-down shirt, black
pants and wore thin, wire frame glasses. A few people
cursed at him as he sat in his seat and stared straight
ahead.
As arranged through the District Attorney's Office and the
defense team, Kendall Francois was sentenced to life in prison
without parole for the killing of eight women. He could be confined
to his cell for as much as 23 hours a day. The families of the
victims were allowed to make statements to the court as Francois sat
in his chair. At times, their rage and tears overwhelmed the
court. "You took the child I had waited so many years
for," said Marguerite Marsh, mother of victim Catherine
Marsh. "You are a cold-blooded killer, Francois!"
said an aunt of another victim.
Francois declined to make any statement but said through his
attorney: "He is deeply sorry for his actions." He
was led slowly out of the court in chains as some spectators
continued to curse him. On August 10, 2000, Francois was
processed into New York's toughest prison, Attica, where he remains
today, inmate #A4160.
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| Dutchess County Jail |
The ending to the story of Kendall Francois and “los
desaparecidos” has been written. However, for one family, the
saga continues. Michelle Eason, the only African American among the
missing, has not been found. As of May, 2000, she was still missing.
“Although I believed that she was a part of this in the beginning,
I don’t believe it anymore” Lt. Siegrist recently said, “All
the girls involved in the Francois case were white and were found
inside Francois’ home.” There are no new leads in her case. As
in all missing persons incidents, however, there are many
possibilities. But up to now, her disappearance remains a total
mystery.
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