Sonnenfeld charges dropped

FEMA worker's wife was found shot in head at their Denver home on New Year's Day

Sue Lindsay, News Staff Writer

Friday, June 14, 2002

Prosecutors Thursday dismissed first-degree murder charges against former FEMA videographer Kurt Sonnenfeld in the early New Year's morning shooting death of his wife.

Nancy Sonnenfeld, 36, died of a gunshot wound in the head after she and her husband had celebrated New Year's Eve together. Kurt Sonnenfeld told police that his wife committed suicide.

Prosecutors wouldn't comment on specific reasons for the dismissal, but the defense investigation found a note written by Nancy Sonnenfeld which police had not taken into evidence, said public defender Carrie Thompson.

"Our investigators found a letter written in Nancy's own hand consistent with a suicide letter, although it was very cryptic," Thompson said.

She said the letter said, "What is more beautiful than love and death?" with the word "love" scratched out. "Kurt, please get help." The letter was found behind a framed photograph of Kurt Sonnenfeld.

Thompson said she presented her investigation of the case to prosecutors several weeks ago.

"We're just delighted," she said. "It was clear from very early on in our investigation of the actual scene that this was a suicide, not a homicide. We presented that information to the DA's office and I'm pleased to say they listened to us and gave us that forum."

Assistant Denver District Attorney Chuck Lepley said the case was dismissed because prosecutors didn't believe guilt could be proved beyond a reasonable doubt.

Lepley said the case will remain under investigation and could be refiled. Because of that, he said he couldn't discuss the role specific evidence played in the decision.

"This doesn't mean there won't ever be a trial," he said.

Nancy Sonnenfeld's sister, Amy Leek, said the family knew this was coming but would have no comment on the news.

"I'm ecstatic," said Kurt Sonnenfeld's father, Gene Sonnenfeld. "It's been a long 5 1/2 months."

Gene Sonnenfeld said he had spoken to his son briefly while arrangements for his release were under way Thursday. "He just thanked God that it finally had come to a close."

Gene Sonnenfeld said his son has spent a long time behind bars for something he didn't do. "They destroyed his life, really. That's the way I feel about it."

Kurt Sonnenfeld was a videographer who documented disaster sites for FEMA, including the Sept 11 attacks in New York. Nancy Sonnenfeld was a manager for BSA Advertising.

A motions hearing was set for the case today in preparation for trial next month. Denver District Judge Sheila Rappaport granted the motion to dismiss filed by prosecutors Thursday afternoon.

Denver police said they ruled out suicide because the wound was in the back of the head and could not be self-inflicted. But the coroner's report states that the bullet entered about 2 inches above and behind her right ear.

Police also noted that the .45-caliber handgun was on the floor 6 to 8 feet away from Nancy Sonnenfeld.

At a preliminary hearing in February, Thompson argued that Nancy Sonnenfeld had been depressed in the preceding months and had tried to commit suicide by overdosing on pills after a trip to Thailand during which Kurt Sonnenfeld was using heroin. Her sister, Leek, refuted that account.

Sonnenfeld told police that their 8-year marriage had soured because of his drug use and drinking problem.

Nancy Sonnenfeld filed for a legal separation in November after returning alone from the Thailand trip. But the couple continued to live in their home despite their separation, staying in separate bedrooms.

Kurt Sonnenfeld told police that he was checking his e-mail in his bedroom after they returned home in the early morning hours of New Year's Day when he heard a gunshot.

Police said Sonnenfeld volunteered to take a polygraph examination and repeatedly asked that a gunshot residue test be done.

No gunshot residue was found on Kurt Sonnenfeld's hands although there was some on his clothing. One particle of residue was found on Nancy Sonnenfeld's right hand. Her fingerprint was found on the magazine of the gun.

"There was absolutely no history of domestic violence between them," Thompson said. "If anything, he tends to walk away and that was hurtful for her. This is a very, very tragic case. I feel so bad that the family and everyone who loved her had to be faced with this kind of sadness, but the bottom line is that Kurt is innocent."

Contact Sue Lindsay at (303) 892-5181 or lindsays@RockyMountainNews.com.