Then, defense counsel requested an additional two minutes to confer with the defendant, because counsel had not realized that the question would include the mention of the length of the sentence. Male at 300-301, 490 N.E.2d 1166. 116, 127, 364 N.E.2d 1264 (1977). Just before midnight on May 19, 1979, Michael Renk drove Janet Richardson, his future wife, to the Veteran's Administration Hospital in Bedford where she worked as a nursing assistant on the night shift. Brenda Marie Gerow (/ d r o /), previously known as Pima County Jane Doe, was a formerly unidentified American murder victim who was found on April 8, 1981. But friends of friends of had warned Bill about him. Hair in a ponytail, wearing a blue and white shirt, she told her little brother, I love you and Ill be back.. [3][13], A "crude" sketch was created of the victim at the time initially following her discovery. The Commonwealth's case against the defendant can be characterized as one in which the evidence pointed overwhelmingly to guilt. See Commonwealth v. Miranda, 22 Mass.App.Ct. He was then returned to Arizona, where he was convicted of his ex-wifes killing in 1999. Copyright 2023, Thomson Reuters. Were hoping to speak to anyone with any information about the two of them, Suitt said. January 22, 1954 (1954-01-22) (age69)Cambridge, Massachusetts, United States A detective matched the photo to evidence collected four years ago, when they dug up her body. * 1980: Kalhauser is released on $1,200 bail and moves to Arizona with Brenda Gerow, of Nashua. Following his indictment for the 1979 case, Kalhauser jumped bail and fled after being released from jail. She didnt know, when she told her beloved brother that she was heading out west with him in 1980, that he was jumping bail. When a party uses a prior conviction to impeach a witness, that party is limited to establishing the identity of the witness as the person named in the record.1 If the witness answers in the negative or equivocates on the answer then the questioner can use the facts contained in the record of conviction to establish the identity of the witness as the person named in the record of conviction.2 Those facts, however, do not include the details of the conviction, e.g., the victim's name or circumstances surrounding the event. On Sept. 28, 2016, the remains of an unidentified young woman were found north of Dolan Springs near Highway 93. Renk survived despite being shot in the chin, shoulder and back. The most recent tenant is Gladys Coughlin. Where did she go?. * December 2014: Tyngsboro and Chelmsford post the photograph found on Kalhauser, and the reconstructed image of the unidentified womans face on social media, generating tips from local residents. The victim also had a noticeable white spot on one of her upper front teeth. [3][13] Early in the investigation, it was theorized she could have been a victim of the then-unidentified Golden State Killer, who had moved south since his criminal career began in the mid 1970s. Having decided that the judge mistakenly ruled that the impeachment of the defendant could include the nature of his sentence for the felony conviction, the question remains under what standard should we review the trial judge's ruling. Compare Commonwealth v. Connolly, 356 Mass. Commonwealth v. Gagliardi, 29 Mass.App.Ct. Other State and Federal courts addressing the issue of the admissibility of the length of the sentence when impeaching a witness by prior conviction have developed three different approaches. He was paroled after serving about a year of that sentence. That proof tended to show that it worked when he carried it on May 5 and on another occasion in the same month. Give Light and the People Will Find Their Own Way, INTERACTIVE RADAR: Tracking winter storm in Arizona. She was like, Ive got some turquoise, Im going to mail it to you that was it for 5, 6, 7 weeks. They also announce that Kalhauser is a person of interest in Gerows death. * December 1971: John Kalhauser, 17, of Tyngsboro, is convicted of manslaughter in connection with the shooting death of 52-year-old Ronald Chapman, of Nashua. at 300, 490 N.E.2d 1166. Brenda was a flower child, her brother says, smiling and outgoing. There is no indication that van Reethe knew Stecchi was an assumed name; maybe she found out. It wasnt a great place to meet guys, but one guy kept showing up again and again to flirt with Brenda: Jack Kalhauser, who looked like Rick Springfield with his shoulder-length black hair. About half a mile down a desert wash, they spotted a jacket hung on a tree. [9], The body of a white female was found in the desert on April 8, 1981, in Tucson, Pima County, Arizona, near Houghton Road and Interstate 10. But Gerow said to Bill she was headed to the Southwest with her boyfriend Jack. Sexually Transmitted Infections Spike in Maricopa County, Glendale Man Who Stabbed Family Charged With Two Counts of First-Degree Murder, Arizonas Right-Wing Lawmakers Rally Against Evil of Abortion Rights, Its Called Genocide: Black Leaders Urge Tempe To Again Pursue Flavored Nicotine Ban, Arizona Senate Committees Pass Two Bills in GOP Push to Criminalize Drag. Please try again. 617, 627, 255 N.E.2d 191, cert. The mention of the sentence has the potential to cause unfair prejudice to the witness by inviting the jury to speculate about the details and seriousness of the conviction and consider the conviction for reasons other than credibility. He's currently serving time for murdering his wife. John Joseph Kalhauser will be sentenced Thursday to 20 years for killing his wife - and for Arizona, 20 years means 20 years. Stay up-to-date with how the law affects your life. He was escaping the cops. . Bill would see benefits restored by Seth Moulton bill, Bill needs a kidney: Tyngsboro man searches for lifesaving donor, Seeing orbs in photos? Gallery c. 233, 21, allows the use of the full record of the defendant's convictions to impeach the defendant, that rule has been progressively narrowed over the years. Investigators theorized she was a runaway as a child before she became an adult, had possibly been estranged from family, had been murdered elsewhere and dumped at a new scene, or had hitchhiked to Tucson from another location. She had been beaten and sexually assaulted before she was finally dumped. 477, 480-481, 722 N.E.2d 984 (2000) (where counsel fails to state distinctly the matter to which he objects and the grounds of his objection, mere conversation with a judge does not constitute an objection). Middlesex. Hed seemed nice when Bill had first met him. [22][24] After the family received the remains, the body was cremated. He is in prison serving a sentence for killing his wife. . In 1971, Kalhauser was charged with the shooting death of Paul Chapman, 52, of Nashua. It was nasty. And on August 10, 1995, she never showed up for work. 1. Country Get this Arizona Daily Star page for free from Thursday, September 21, 1995 s Star Tucson, Thursday, September 21, 1995 JVU u Money 4B . If you know anything that can help detectives, call the Pima County Sheriff's Department. From there, all leads went cold. independent local journalism in Phoenix. Timeline of Brenda. Brenda Marie Gerow (/dro/) (February 18, 1960c. He vanished before his next court appearance and spent 15 years on the run, living under the alias Donald J. Stecchi in Tucson, where he was. Kalhauser was accused of shooting Renk three times in the face and neck. CLICK HERE TO TURN ON NOTIFICATIONS. 2 Player of Year, Chicago Mayor Lori Lightfoot concedes defeat, Southern California home sales fall to all-time low, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, NYC Mayor Adams dismisses need to separate church and state, declares himself a servant of God, Zero-calorie sweetener linked to heart attack and stroke, study finds. In any event, the defendant raised no objection, and there is no risk, let alone a substantial one, of a miscarriage of justice. She later calls her brother to announce plans to return, yet she never does. Full Name John Joseph Kalhauser Born January 22, 1954 (age 69) Cambridge, Massachusetts, United States Other Names Jack Kalhauser Gender Male Race/Ethnicity White Criminal Information Offender Type Suspected Serial Killer Victims 2-3+ Span of crimes 1971 - 1995 Country United States (Massachusetts, Arizona) Contents 1 Biography 2 Victims TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. [22] She had never explained the reason for her departure, although her family did believe she had "run off. After the case of Jane Doe was reopened in 2012, new technology helped solve the mystery. Some courts have allowed the sentence accompanying a witness's conviction to be admitted if that conviction is introduced to impeach the defendant. Release; Original network: Investigation Discovery: Original release: . Since the defendant's counsel never objected to the mention of the sentence and never gave the trial judge an opportunity to cure the error, the proper standard of review is whether the trial judge's error resulted in a substantial risk of a miscarriage of justice. He vanished before his next court appearance and spent 15 years on the run, living under the alias Donald J. Stecchi in Tucson, where he was arrested in 1995. The defendant was convicted of armed assault with intent to murder (G.L. We thought there was enough there to at least post it on social media in the hope it would jog someones memory.. "Little Miss Nobody" (Sharon Lee Gallegos). The defendant could have asked the trial judge to exclude the mention of the length of the sentence, but instead defense counsel elected simply to inform the judge of his client's decision not to testify. Residue removed from the front passenger's seat, later analyzed by an FBI forensic expert, showed that the firearm was closer to the passenger side than the driver's when discharged. Gerow could not have officially been reported missing due to being over the age of 18 and that she had apparently left on her own accord. When Jane Doe died in Arizona, John Kalhauser's pedigree as a homicidal psychopath had already been During that stop, the trooper discovered a body. Impeachment by prior conviction. Did anyone recognize her? On Feb. 14, 1982, an Arizona Department of Public Safety trooper stopped to help a motorist along Interstate 40 west of Williams. Someone knows more about Gerows disappearance than the police or her brother. Pima County investigators said the victim had been brutally murdered, according to a 2015 ABC15 report. Diane K. Van Reeth was a woman who went missing from Arizona in 1995. Police said she was sexually. Kalhauser was given twenty years in Arizona in 1999, no chance of an early release, to be served concurrently with his time in Massachusetts leaving him with a release date of 2025. He was sentenced to 24 years in prison. See Commonwealth v. Callahan, 358 Mass. * 2012: Investigators in Arizona exhume the then-unidentified body of the woman found in 1981, and use her skull to reconstruct her face. Sentencing is based on a number of factors and to a lay jury the greater the sentence, the more serious the crime. A Recap Of John Kalhausers Trail Of Terror. Brenda Gerow was scared to death and running for her life. Acting upon Renk's report of the shooting, Lowell police found tire marks and broken window glass on the Lowell Connector, near where Renk claimed to have been shot. 808, 265 N.E.2d 382 (1970); Ford, 397 Mass. When he asked Gerow to head west with him, he wasnt inviting her on a romantic road trip. Gerow called him one time a few months later (Bill remains hazy on the timeline), this time from Arizona. 87, 27 L.Ed.2d 79 (1970) (not error for the trial judge to allow the prosecutor to read from the record of conviction the crime that the defendant had first been charged with, even though he ultimately was not convicted of that crime); Commonwealth v. Ford, 397 Mass. I Agree. Become a member to support the independent voice of Phoenix Investigators determined the body had been burned and she was likely dead for a week prior to the discovery. Photo Courtesy of Patch.com . He was convicted of charges connected to that case in 1996, and sentenced to 26 years in prison. with some kind of ligature and likely sexually assaulted. Commonwealth v. Cameron, 31 Mass.App.Ct. Kalhauser was arrested and released on bail. The body was initially found by hunters, who happened upon the dead woman near the Pima County Fairgrounds. Jane Doe was buried without any identification being made. A total of five similar marks were found. 171, 184-185, 503 N.E.2d 934 (1987) (not error to allow the prosecutor, while reading from the record of conviction, to mention a charge of which the witness was not ultimately convicted, but the better practice is not to mention it). But in 1995, she was filing for divorce and custody of their young sons. He asserted he arrived home in Tyngsborough at around 2:30 A.M. and worked on his motorcycle through the night. The defendant principally challenges the judge's ruling, made at the close of the prosecution's case, that in the event he testified on his own behalf, the prosecution could impeach him with the fact of his conviction in 1971 of a felony. He argues that the judge abused his discretion by ruling that a redacted version of the manslaughter conviction record, which included the fact that he received a seven-year State prison sentence, could be utilized on cross-examination. Little did Gerow know, she didnt know Jack Kalhauser. Born We were able to find who her family was, did some DNA comparisons, and here we are.. The circumstantial evidence sufficed to show, on each of four occasions, that the weapon was functional-an element of the charge. At some time in July of 1980, Brenda told her family that she and Jack were either moving away together or going away on a trip, though it is unclear if she told them where they were going specifically, or when they would be returning. The photo was taken from Kalhauser, who was imprisoned in 1999 for killing his wife in Arizona. But they knew she was from 17-22 years old. * 1980: Kalhauser is released on $1,200 bail and moves to Arizona with Brenda Gerow, of Nashua. Compare Commonwealth v. Stewart, 398 Mass. But About That Photo Kalhauser Had Cold case deputies took a new look at that photo Kalhauser had. They noticed it was close to the facial reconstruction theyd had done of a Jane Doe from way back in April of 1981. The body of Kalhausers ex-wife, Diane van Reeth, has never been found, according to reports in the Tucson Citizen. The pathologist who examined her was able to determine she had a light skin complexion as well as long, light brown to blond hair. Impeachment by prior conviction. Dental information was obtained along with, years later, her DNA. Released on bail, the defendant fled to Arizona but was rearrested more than fifteen years later and brought to trial on the assault charges and several others in November, 1996. She hadnt been malnourished or homeless, and her extensive dental work was also an indication that she lived a normal life. The judge agreed, and then repeated, for defense counsel's benefit, the proposed impeachment question, which included a mention of the length of the sentence. Pima County Sheriff's officials have said Kalhauser is only a person of interest in Gerow's murder. Offender Type Based on these circumstances it is not clear that the trial judge was on notice of the defendant's objection to the mention of the sentence. Source: The Suns archives, The Associated Press, The Tucson Citizen, court documents, and the Pima County Sheriffs Office. Bill felt like hed been abandoned by the sister he loved so much. Kalhauser was serving four months in jail for beating up a nurse in Barnstable. When questioned by the police as to his whereabouts on the occasion in question, the defendant claimed to have been with Debbie in Lawrence, so [he] couldn't have done the shooting. He stated further that after his date with Debbie, he went to Litchfield and then to Hudson, New Hampshire, where a police officer stopped him for driving on the wrong side of the road and gave him a verbal warning. New Hampshire Woman Brenda Gerow Identified As Arizona Cold Case Victim http://t.co/wKgvpq2r5f pic.twitter.com/Igva70iUGq, WBZ | CBS Boston News (@wbz) September 30, 2015, Nashua, New Hampshire, Woman Goes Missing For 34 Years (Who Killed Jane Doe?). Kalhauser was found guilty in 1996 of attempted murder for the 1979 shooting and sentenced to 26 years in prison. [18][24] On December 23, 2014, her brother, Bill Gerow Jr., received a notification from police that the female in the picture could be his sister. When Deborah Florence was located, she turned over several letters written by the defendant to her approximately three weeks after Renk's shooting. on Investigation Discovery. Learn more about FindLaws newsletters, including our terms of use and privacy policy. She had been buried under a headstone with the placeholder . She had worked at a convenience store and as a bartender at an establishment in Dracut, Massachusetts, often frequented by bikers. [18] Kalhauser is considered a person of interest in the murder; police have asked for information from anyone who knew Kalhauser and Gerow in the late 1970s or early 1980s. Another witness turned over incriminating letters, including one concerning an attempt to concoct an alibi. Brenda Gerow had taken off, supposedly with a man that she had met in a nightclub. CCSO says the case is still under investigation as a homicide, but there are still no identified suspects. Gerow, the oldest of her siblings, disappeared in July 1980 after leaving with John "Jack" Kalhauser, her boyfriend at the time. Here there was proof that the defendant fired his gun in mid-April and on May 20, 1979. All tips led police to Brenda Gerows family, who had no idea that she had been found dead over 30 years earlier. Obviously, we would like to have a body; not only for the case, but to give the family some closure.. January 6, 2018 For Immediate Release. In that same area, they also found a shirt and a jacket. The photo police used to identify Gerow was found on Kalhauser after he was arrested in 1995 for a murder charge out of Lowell. In July 1994, his wife, Diane Van Reeth, filed for divorce. According to news reports out of Arizona, Pima County Sheriff's detectives say John Kalhauser, the man she left Nashua with for Arizona, is a "person . Gender The jury is advised that you should not speculate about the reason for the withdrawal The judge's instruction followed our suggestion in Commonwealth v. Pasciuti, 12 Mass.App.Ct. In late 2014, a photograph of a facial reconstruction of the victim was made public that led to Gerow's identification the next year. According to reports, the car involved in her disappearance may have been a dark green early 1950s Dodge or Plymouth with a man, woman and two children inside. She ended up in Arizona with John Kalhauser. But her brother lived all these years believing his sister was alive out there. In 1986, under the name Donald Stecchi, Kalhauser married pretty 26-year-old Diane van Reeth, a native of Tucson. Had matters ended there, there would be no problem. CLICK HERE TO TURN ON NOTIFICATIONS. Cf. This post was originally published at coldpapers.blogspot.com. the defendant was indicted for the assault on Renk. But, it was one of his photographs taken by Tucson Police while they investigated his wife's murder that led to the big break in the "Jane Doe" mystery. Suitt said anyone who has information on Kalhauser and Gerow, or what their relationship was, should either contact local police, or call Pima County Detective Mark ODell at 520-351-6428. Sheriff's detectives in Tucson said Brenda Gerow was found dead in April 1981. [23] Kalhauser currently is serving twenty years in A detective called him, acting cagey. Defense counsel asked the judge to allow only the conviction for the felony charge to be introduced at trial and that the description manslaughter be masked. 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