Case against accused serial kitty killer based on circumstantial evidence
June 17, 2009
A judge in Miami has approved the supervised release of Tyler Hayes Weinman, an 18-year-old man from Palmetto Bay, Fla., who was recently arrested for his alleged involvement in a recent series of cat mutilations and killings that occurred in two South Florida communities. In addition, new details have surfaced, suggesting Weinman's arrest was based on circumstantial evidence.
During today's court hearing, Judge John Thornton said that the results of a court-ordered psychiatric evaluation showed that Weinman does not pose a danger to himself or the public.
"He is competent to proceed and does not, at this time, appear to be at risk of harming himself or others," Thornton said.
Per the conditions of his release, Weinman must attend psychiatric counseling twice a week and wear an electronic monitoring bracelet while he awaits trial.
"He's an innocent man," said his attorney, Michael Walsh. "There's no evidence. Obviously, there's been a public outcry to solve this crime, and you know that motivates police in certain directions. And now this young man has to sit there and bear the allegations. When the case starts to unfold, you'll see."
Weinman's divorced parents, Douglas and Aiba Weinman, posted his $249,500 bond.
"I'm absolutely sure that he is innocent," Doug Weinman told television reporters outside the courtroom. "Because I've raised a son for 18 years and I know who he is."
Weinman's lawyer and parents are not the only ones claiming he is innocent. Numerous social networking groups have been popping up on the Internet in support of him, and earlier today, the CBS4 I-Team raised serious questions about the case against Weinman, which they say is based "entirely on circumstantial evidence."
According to I-Team sources, a mid-May tip led police to focus on Weinman. When investigators first questioned him, they observed scratch marks on his body, which they felt were consistent with injuries someone would receive while holding a struggling cat. Of further interest to investigators was a "disturbing" description he allegedly gave them regarding a cat dissection that occurred in an anatomy class he had taken at Palmetto High School. Police used this and other circumstantial evidence to convince a judge to allow them to place a GPS tracking device on Weinman's car.
The police tracking device allegedly showed that Weinman was in certain areas that were consistent with the dates and times of the cat killings. When later questioned about his movements, Weinman – unaware of the tracking device – allegedly denied he was in those areas. Investigators found the denials suspicious; however, the areas also include routes he would reportedly travel between his parents' houses.
Based on the above and other unreleased information, investigators secured the search warrants for Weinman's parents' houses and his car. Police allegedly found several knives hidden inside his bedroom, which they confiscated, along with other miscellaneous items, including clothing and a computer, and sent off for forensic testing. Prosecutors are now waiting to see if tests on the knives or clothing come back with a positive match to blood from one of the murdered cats.
It remains unclear why police took Weinman into custody before getting the DNA test results back from the lab. Perhaps public pressure and evidence unknown to the public led them to make that decision. Despite the reason, much of their case appears to depend on the results of the forensic testing. If that is truly the situation, prosecutors appear to have taken a risky gamble, which could result in the unnecessary destruction of an innocent man’s reputation. For the sake of justice, let's hope this does not happen.
Regardless of how circumstantial the evidence against Weinman is, some owners of the feline victims remain convinced of his guilt and are unnerved by his unexpected jail release.
"It's disturbing that they would let him out, knowing that he has killed so many cats," Alicia Glatzer, whose cat, Sarah, was found dead in early May, told the Associated Press, adding, "Although he says he's innocent and his attorney says he's innocent, there haven't been any cat killings since he's been in jail. It's a concern of mine that he's let out, that's he's back on the street."
Weinman was arrested Sunday and charged with 19 felony counts of animal cruelty, 19 misdemeanor counts of improperly disposing of an animal body, and four felony counts of burglary related to the cat deaths.
Since May 11, at least two dozen domestic cats have been found dead in the Palmetto Bay and Cutler Bay areas. Many of the feline victims were gutted and skinned, while others were found drained of blood and missing limbs.
Weinman is expected to appear in court for his arraignment on July 6. If convicted on all felony counts, he faces a minimum mandatory fine of $5,000 and six months in prison on each count.
Related Link:
Florida Police Seek Kitty Serial Killer
Florida Police Arrest Tyler Hayes Weinman in Kitty Serial Killer Case
Photo Credit: Tyler Hayes Weinman: Miami-Dade State Attorney's Office
Please note: Persons appearing in mug shots may not have not been convicted of the charges for which they are accused and are presumed innocent until proven guilty in a court of law.
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Much about has the feeling to it of the early stages of the Duke Lacrosse episode, with the burden of proof somehow being shifted in the media and the public mind to the accused, with an emotional rush to judgment.
While it would have been preferable for the police to have some tangible evidence before making the arrest, clearly they were under enormous and understandable political pressure to take some kind of visible action.
It's encouraging that the vast majority of those responding to the poll question believe that it would have been preferable to await forensic evidence before proceeding with the arrest.
There will be ample time for outrage once somebody -- perhaps Weinman, perhaps someone else -- is identified on the basis of physical evidence.
A number of blogs seem to focus on the perception that the young man is smirking. Possibly eight years of a highly-visible smirker has understandably oversensitized Americans to the perception that someone might think they are in the "catbird seat" so to speak, but it is symptomatic of the rush to judgment here. For what it's worth, which isn't much, the young man to me does not have the same "look" of others who have been convicted based on solid evidence of similar atrocities, and I don't see the smirk. The only thing missing, again to me, is the appearance of a sense of outrage and injustice that an animal lover might experience at being accused of a crime inherently abhorrent to him.
Whoever is brought to account for having participated in these vicious acts ought to be punished severely for them and I'm concerned that the statutes don't adequately provide for that. Possibly civil actions by individual pet owners can make up the difference.
But we aren't there yet.
If Weinman is innocent, he will have been damaged in ways as long-lasting and emotionally scarring as the pet owners. Nothing, of course, can match the pain and suffering of the feline victims. But people can stand in as their advocates to ensure that there is some measure of justice.
Posted by: Steve Richardson | June 18, 2009 at 12:26 PM
Someone has pulled a lot of similar stories/news reports together ... done a lot of leg work, effectively making the case that not only has there been a rush to judgment, but it might turn out that no "crime" was even committed. He draws parallels with cases in CO and UT during 2003-2003... The experts were analyzing,rewards were offered, people were warned to keep pets indoors until the carzy cat killer was found. Only difference is that before an arrest was made there - testing showed that all attacks were in fact due to wild animals NOT human cruelty. Oops. Papers all went silent after than. What egg? I don't see any egg on my face.
Worth taking a look:
http://www.facebook.com/group.php?gid=92674092627#/group.php?gid=96929111953
Posted by: askingquestions | June 18, 2009 at 05:18 PM