Victim's wife scolds legal system

Widow: Tate jury never allowed to hear all facts

Sue Lindsay, Rocky Mountain News

Published November 3, 2007 at midnight

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Kris Fitzgerald remained quiet for the three years it took to bring her husband's killers to justice.

But on Friday, she spoke her mind in a blistering attack on a legal system that she said puts the rights of accused criminals before the rights of crime victims and their families.

Fitzgerald's statement to the court came during the sentencing hearing for Michael Tate, 19, who was sent to prison for life without parole in the murder of Steven Fitzgerald.

Tate, then 16, and Fitzgerald's son, Michael, then 17, were runaways from social services when they broke into the Fitzgerald family's home Nov. 8, 2004, surprising Steven Fitzgerald in his bedroom.

The 41-year-old father of two battled for his life with Tate and his son in the garage before he was stabbed to death and bludgeoned with a shovel.

Tate, who was taken from his abusive mother when he was 3 and spent the rest of his life in a series of social services placements and mental institutions, pleaded not guilty by reason of insanity.

"The system is so overly concerned about the rights of the accused that the jury is never allowed to hear all the facts," Fitzgerald said, referring to evidence in the Tate case that was ruled inadmissable by the judge.

Fitzgerald said her family never will be the same.

"Heartbreak is hearing night after night a young girl crying in her sleep and you cannot wake her because you know who she is dreaming about and maybe they are saying goodbye to each other," she said.

Self-defense claimed

But Tammy Wachtl, the woman who tried to adopt Tate when he was 5, said, "Michael is a victim, too."

"Since the moment he took his first breath, he has not seen a break and that continues today," she said.

Tate's severe mental illness caused caseworkers to terminate the adoption.

Doctors who cared for Tate over the years characterized him during the trial as the "craziest" child they had ever seen.

Wachtl said she felt grief and guilt when she heard about the murder case against Tate. "I will never abandon you again, Michael," she told him.

Tate's mother, Tanya Lavant, said that the state failed to care for and educate her son after her parental rights were terminated.

"I love you, my son," she said, as Tate hung his head and wept. "Please get my son help because he needs it dearly."

Tate made no statement at the sentencing hearing because his case is under appeal.

But in a letter to the Rocky Mountain News, Tate said that he defended himself with a shovel when Steven Fitzgerald began hitting him with a scooter. Tate said that Michael Fitzgerald insisted that no one would be home that day.

"I did what I had to do to protect myself from his dad," Tate said. "I feel badly for what happend (sic) that day. I wish it never happend. But I did the right thing. I protected myself from possibly being killed. I couldnt escape and I was traped (sic)."

Verdict questioned

Although Tate was acquitted of first-degree murder in the stabbing death, he was convicted of felony murder during the commission of a burglary, which calls for a mandatory life sentence.

The first-degree murder acquittal shows that the jury believed that Michael Fitzgerald, not Tate, caused his father's death, defense attorney Shawna Geiger said.

Michael Fitzgerald is serving a 62-year prison sentence after pleading guilty to second-degree murder and testifying against Tate.

"I don't believe Michael Tate's claims of mental illness," said John Fitzgerald, Steven's brother.

"I believe he's a sociopath. Michael Tate had opportunities all through his life and he chose to do what he did."

A life sentence for Tate was appropriate and necessary to protect society, he said.

Geiger said she believes the judge needed more discretion in deciding how to sentence Tate.

"My next job is to change the law so kids won't end up in prison for life without parole," she said.

Before Tate was sentenced, two jurors told the judge they felt they had been coerced to agree to the felony murder verdict by the 10 other jurors.

The judge denied a motion for a new trial based on that evidence.IN HIS OWN WORDS

Excerpts from Michael Tate's letter to the Rocky Mountain News:

His life:

I literly feelt like i was taken from Mom by demons and thrown strait in hell. . . . After the day I was taken from my mothers arms I was never agian normal. I went through over 25 foster homes and treatment placements. And state hospitles. Thats when all the real physical abuse started to happen. . . . In foster homes Iv been physicaly abused unstopable. Iv been: choked, strangled, thrown into wall-the ground-dirt, furniture, visicusly slaped and beaten with belts, hands, fists, switches, wires, tree branches, books, newspapers, big sticks, shows, ect. Many of my ofster parents labled me as "the Devil" or "his child" or "satan" and so on. The day Steven Fitzgerald was killed:

I didnt want to be there. But also Mike F. had a big a-- knife wich he pulled on his dad wich is part of the reason I blacked out. I was scared as hell!!!!I ran into the grage with Mike F. and his dad was right behind us!

I ran into a corner area and stod there is shock wanting out. When his ad came in, Mike Fl and he got into a brutal fight. i saw Mike F. stab his dad more then once. At the time I black out agian, I saw red, I started seing evil elfs and goblins dancing and laghing at me and what was happening. I was losing my mind and was not able to think strait. I saw Mikes dad nock his kifes out his hands and (Mike) ran to the car and started to start it up. . . . Then his dad grabed a Razer scooter and started to hit me with it for no reason. I would of ran out the grage door and ran for help if Michael Fitzjareld never keeped on shuting the grage door!!!! I was traped!

IN HER OWN WORDS

Kris Fitzgerald, widow of Steven Fitzgerald (from her statement to the court):

Lies have been told by the defense to cover up the truth in this case and the Justice system allows it.

The system is so overly concerned about the rights of the accused that the jury is never allowed to hear all the facts. If the accused has defiance or conduct disorder and reacts to authority or confrontation in anger and violence - that is inadmissible; if he has a history of assaults or making other threats of murder - that is inadmissible . . .

This trial has proven that justice is not only blind but is also deaf and dumb as concerns the victims of brutal violent crimes. . . . The defense . . . attempts to make the defendant appear insane, by deceitfully painting a picture for the public of "the craziest kid they have ever seen" when in reality, Mike Tate is actually one of the worst potential terrorists they have ever seen who will kill again if given the chance.

lindsays@RockyMountainNews.com or 303-954-5181

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