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Sunday, September 07, 2008

Man Sent to Jail for Grandmother's Beating Death

for full background, here is the Americas Most Wanted Site:


UTICA, N.Y. (AP) - After a testy exchange with a judge, a 35 year-old man was sentenced Monday to 25 years to life in state prison for beating his grandmother to death during an argument.
Scott Herman repeatedly denied that he intended to kill his 82-year-old grandmother, Louise Herman, last November in Rome, N.Y., and lashed out at the judge and prosecutor as he spoke on his own behalf.
"No one is this courtroom knows what happened in that house," said Herman. An Oneida County Court jury needed less than a half hour to find Herman guilty of murdering his grandmother, even though Judge Barry Donalty had allowed jurors to also consider the lesser charge of manslaughter.

Herman, who defended himself, argued during his trial that there was no evidence he intended to kill his grandmother and that he only meant to cause her serious injury when he slammed her head several times against a basement support pole.
He told jurors that he was defending himself after his grandmother came at him swinging a hammer and threatened to kill him during an argument at the home they shared. After the killing, Herman fled the state. He was captured in January in New Mexico after two months on the run.
Assistant District Attorney Dawn Catera Lupi described Herman's actions as a "rage killing" and noted Herman's lack of remorse and empathy about his grandmothers death. "The defendant took his frustrations at his life out on his grandmother," Lupi said. "She was there when he needed her and this was her reward."

Herman said he felt being sentenced to prison would be wrong. He said he planned to appeal the verdict because of media bias tainting the jury.
When Donalty spoke, he said he was "flabbergasted" by Herman's words. Herman constantly interrupted as the judge tried to impose sentence.
Donalty then imposed the maximum sent of 25 years to life, but he said he regretted not being able to give him more because of the violent nature of the crime.

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