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Murder Suspect Seeks Prosecutor Removal

Burlington, Vermont — July 27, 2006 

A Colchester woman accused of bludgeoning her sister has now reportedly confessed that she bashed her sister over the head.

But her lawyers claim the victim could have died of other causes and prosecutors illegally failed to turn over information that could prove it.

At issue is whether Mary Abeling died three years ago because she was clubbed over the head by her sister or because Abeling had taken a fatal drug overdose.

The sister is charged with murder. But Thursday  her lawyers argued that Abeling may have been the victim of a drug overdose, but prosecutors failed to reveal the evidence to prove it.

The tables were turned Thursday on Chittenden Deputy Prosecutor John St. Francis. Normally he gets to question witnesses, but this time he became a witness for the defense. 

Lawyers for accused killer Carolyn Walters claim that St. Francis failed to turn over to them medical information about Mary Abeling. 

Abeling was found dead in her Colchester apartment three years ago.

A year later the medical examiner ruled she was bashed on the head five times with a heavy glass decanter and it was a homicide. But there was also evidence that Abeling had  ingested an undetermined dosage of a powerful psychotropic drug, Imipramine. The Medical Examiner ruled the head injuries alone caused Abeling's death and the drug was NOT a contributing factor.

Walters, the last person with her, was charged with the first-degree murder based on scientific evidence. Walters denied the charge but this week her lawyers filed court documents indicating that Walters has admitted to psychiatrists that she  hit her sister over the head with a glass vase. But her lawyers claim Abeling could  have died of the drugs she had taken earlier that evening.

Walters lawyer also claim that  prosecutors tried to hide information about Abeling's history of depression, suicide threats, and drug overdoses. They say that medical information was unavailable to the medical examiner and should have been considered

Deputy Prosecutor John St. Francis says the defense had access to all the information about Abeling.  He says they failed to retrieve some reports, but he acknowledges some information may have been unintentionally overlooked.  At the Thursday court hearing, the current Vt. Chief Medical Examiner, Steven Shapiro testified, who assisted in the Abeling autopsy, testified that the sole cause of her death was  blunt trauma injury to the head.  

The defense lawyers asked Judge Michael Kupersmith to remove John St. Francis  from the case.

They want another  prosecutor assigned whose duties would include determining  if other potential key information was not turned over.

Judge Michael Kupersmith took the request under advisement. A ruling is expected within a month.

Because Walters has now admitted to physically assaulting her sister, it could mean that her lawyers will try to use a self-defense claim when, and if, the case goes to trial.

Brian Joyce - Channel 3 News