Post by tulla63 on May 14, 2005 8:28:46 GMT -5
Weston man acquitted on charges of killing wife
Reported on : 5/14/2005 9:18:00 AM
Report Category : Broward County News
After 16 hours of deliberation and weeks of sometimes-brutal testimony, an emotional jury acquitted Maxwell McCord late Friday night on charges he beat his wife to death in their Weston home four years ago.
The verdict sparked a wild scene in the courtroom. Victim Marie Noguera's mother sat crying for several seconds, then pointed to McCord and wailed, "You did it," in Spanish before collapsing. One of the two lead prosecutors raced from the courtroom, then broke down in the hallway.
And McCord, pale and gaunt after 45 months in county jail, hugged his lawyers and flashed a small, controlled smile. All the while eight of the 12 jurors wept and reached out to each other, with most never looking at McCord or his wife's family.
"I am surprised, but I only say that because I never should have been arrested in the first place," McCord said before lashing out at prosecutors and police. "I have happiness that justice was done, as much as people don't want to believe it."
Assistant State Attorney Brian Cavanaugh was one of them. "There's no such thing as justice, not in this world," said Cavanaugh while storming out of the courtroom to join co-consul Deborah Zimet.
McCord, 39, was arrested several days after he said he found Marie Noguera's nude and battered body in their home on Aug. 2, 2001. He quickly became a suspect after telling police the couple went shopping with their then- 3-year-old daughter, Andrea, at the Broward Mall earlier that evening.
McCord said someone kidnapped his wife from the mall, then returned to their home in a gated community to commit the murder. She was not sexually assaulted, but whoever killed Noguera staged the crime to make it appear that way, prosecutors said. She was hit in the head at least 11 times and was strangled with a cord.
Because McCord faced a possible death sentence, the case attracted attention in Denmark, where he holds dual citizenship. The death penalty is strongly opposed in that country, and Svend Roed Nielsen, the Consul General of Denmark, attended the trial.
"The death penalty is so against our tradition and our culture that naturally there is interest," Nielsen said Friday before the verdict.
From the beginning of the 14-week trial, prosecutors acknowledged their case lacked much direct evidence.
No murder weapon was ever found and much of the blood evidence was washed away.
But prosecutors said he had a motive. At trial, a prostitute testified that McCord was a frequent customer and talked about wanting to end his failed six-year marriage.
And Cavanaugh argued that he wanted to collect a $350,000 insurance policy on his wife.
During trial, defense attorneys Jeanne Baker and Mel Black argued that even if jurors believed McCord probably killed his wife, there wasn't enough evidence to reach a conviction.
Jurors apparently agreed, bringing back a conviction shortly after 10 p.m.
After the not guilty verdict was announced, Broward Circuit Judge Peter Weinstein had deputies escort the jurors from the courthouse.
Diana Osuna, Noguera's mother who has had custody of Andrea, collapsed inside and outside of the courtroom, and deputies called an ambulance.
McCord, who was set free Friday, said he looked forward to seeing his daughter.
"There is joy and happiness in that I'm free and happy to be with my daughter when I'm done with this," McCord said.
Reported on : 5/14/2005 9:18:00 AM
Report Category : Broward County News
After 16 hours of deliberation and weeks of sometimes-brutal testimony, an emotional jury acquitted Maxwell McCord late Friday night on charges he beat his wife to death in their Weston home four years ago.
The verdict sparked a wild scene in the courtroom. Victim Marie Noguera's mother sat crying for several seconds, then pointed to McCord and wailed, "You did it," in Spanish before collapsing. One of the two lead prosecutors raced from the courtroom, then broke down in the hallway.
And McCord, pale and gaunt after 45 months in county jail, hugged his lawyers and flashed a small, controlled smile. All the while eight of the 12 jurors wept and reached out to each other, with most never looking at McCord or his wife's family.
"I am surprised, but I only say that because I never should have been arrested in the first place," McCord said before lashing out at prosecutors and police. "I have happiness that justice was done, as much as people don't want to believe it."
Assistant State Attorney Brian Cavanaugh was one of them. "There's no such thing as justice, not in this world," said Cavanaugh while storming out of the courtroom to join co-consul Deborah Zimet.
McCord, 39, was arrested several days after he said he found Marie Noguera's nude and battered body in their home on Aug. 2, 2001. He quickly became a suspect after telling police the couple went shopping with their then- 3-year-old daughter, Andrea, at the Broward Mall earlier that evening.
McCord said someone kidnapped his wife from the mall, then returned to their home in a gated community to commit the murder. She was not sexually assaulted, but whoever killed Noguera staged the crime to make it appear that way, prosecutors said. She was hit in the head at least 11 times and was strangled with a cord.
Because McCord faced a possible death sentence, the case attracted attention in Denmark, where he holds dual citizenship. The death penalty is strongly opposed in that country, and Svend Roed Nielsen, the Consul General of Denmark, attended the trial.
"The death penalty is so against our tradition and our culture that naturally there is interest," Nielsen said Friday before the verdict.
From the beginning of the 14-week trial, prosecutors acknowledged their case lacked much direct evidence.
No murder weapon was ever found and much of the blood evidence was washed away.
But prosecutors said he had a motive. At trial, a prostitute testified that McCord was a frequent customer and talked about wanting to end his failed six-year marriage.
And Cavanaugh argued that he wanted to collect a $350,000 insurance policy on his wife.
During trial, defense attorneys Jeanne Baker and Mel Black argued that even if jurors believed McCord probably killed his wife, there wasn't enough evidence to reach a conviction.
Jurors apparently agreed, bringing back a conviction shortly after 10 p.m.
After the not guilty verdict was announced, Broward Circuit Judge Peter Weinstein had deputies escort the jurors from the courthouse.
Diana Osuna, Noguera's mother who has had custody of Andrea, collapsed inside and outside of the courtroom, and deputies called an ambulance.
McCord, who was set free Friday, said he looked forward to seeing his daughter.
"There is joy and happiness in that I'm free and happy to be with my daughter when I'm done with this," McCord said.
