|
Dep Attny General Bob
Carroll |
On January 25, 1988, Kuklinski's trial for the murders of Daniel
Deppner and Gary Smith began. The prosecution team, Bob
Carroll and Charles Waldon, said they would seek the death penalty.
Yet the case was circumstantial, since no witnesses came forward to
say that they'd actually seen Kuklinski commit a murder.
However, they did have a few aces up their sleeves. |
Rich Patterson, a man who had almost married one of the Iceman's
daughters, admitted that he'd once unknowingly helped Kuklinski
transport a corpse to a place near where they all went horseback
riding on occasion. The man had been killed in his apartment
one weekend early in 1983 while he was away. The likely victim
was Daniel Deppner. (With this information, detectives
searched beneath the cleaned carpet for blood and found it.)
The witness also said that he'd seen Tupperware containers in the
apartment after that weekend that were consistent with those he'd
seen in Kuklinski's home, which could mean that Kuklinski had
brought food there, and that Kuklinski himself had scrubbed away the
blood on the carpet.
The prosecution also called Barbara Deppner to the stand to tell
what she knew. She was clearly afraid of the defendant.
She knew about the two victims being hidden in hotels, and she
recalled her ex-husband telling her that Kuklinski intended to kill
Smith. Danny also described the events afterward. Her
live-in companion and the former foreman of the car-theft ring,
Percy House, testified that Kuklinski had admitted to both murders.
Defense Attorney, Neal M. Frank, tried to discredit this
witness, but Kuklinski used his finger to point an imaginary gun at
the man, and that's all the jury needed to give the witness
credibility.
|
Richard Kuklinski under
arrest (POLICE) |
Then Agent Polifrone took the stand and described his many
encounters with Kuklinski. Parts of the tapes were played for
the jury, particularly the description of how to use cyanide in
food. There was also a part in which he talked about how long
it took one of his victims to die, and how he needed more to take
care of a couple of "rats." |
Frank claimed that Kuklinski's statements to Polifrone were just
braggadocio. He'd been trying to impress the guy. They
also pointed out that an autopsy had shown no indication of cyanide
in the two allegedly poisoned victims.
|
Michael Baden (CORBIS) |
However, the prosecutor hired New York medical examiner Michael
Baden, who explained that cyanide degrades in a body into the
natural elements of carbon and nitrogen. After a few days,
there's no detectable trace of it, not even the odor. However,
the fact that it was used shows up in the lividity---pinkish spots
on the skin that indicate oxygen starvation. This was
consistent with photos of both corpses. |
Along with the testimony of pathologist Geetha Natarajan, who
indicated the ligature marks consistent with strangulation, the jury
was convinced. It took them four hours to decide. On May
25, 1998, they found Richard Kuklinski guilty.
However, he did not get the death penalty, due to the absence of
eyewitness testimony that could definitively put the murders
directly in his hands.
As a bargaining tool for the sentencing and to save the expense
of a second trial for the murders of Masgay, Hoffman, and Malliband,
the DA said that they would drop charges against Barbara Kuklinski
and one of their children (a drug charge) if Kuklinski confessed.
He did so in the cases of Malliband and Masgay, and then agreed to
show them where he'd last seen Hoffman, but while he indicated where
he placed the drum containing the body, he couldn't take it any
further. He claimed he had no idea who had removed it.
|
Richard Kuklinski enters
court (CORBIS) |
Kuklinski got two life sentences, each of which required that he
serve a minimum of thirty years. The same for Malliband and
Masgay. That meant that Kuklinski would be 111 years old
before he could be considered for parole. |
He was taken to Trenton State Prison in Trenton, New Jersey, the
same place where his brother is serving a life sentence for murder.
For Kuklinski, a prison sentence was much worse than death, but
he continued to keep his notoriety alive, which gave him some
satisfaction.
|
|
|