Vitaliy Krasnoperov Found Guilty at Second Revenge-Murder Trial; Jury Deadlocks on Co-Defendant Charles Anthony Murphy Jr.

Categories: Crime-iny
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Vitaliy Krasnoperov
The first murder trial of  Vitaliy Krasnoperov ended in mistrial in May. Superior Court Judge Thomas Goethals merged the Hollywood resident's tr-trial with the murder trial of co-defendant Charles Anthony Murphy Jr. Today, a jury in Santa Ana convicted 26-year-old Krasnoperov in the 2007 revenge-beating and burning deaths of the father and sister of the ex-girlfriend of Krasnoperov's childhood friend, as well as the attempted murder of the ex's mother. But now the trial of Murphy, 27, has ended in mistrial.

The jury unanimously found Krasnoperov guilty of two felony counts of special circumstances murder, one felony count of attempted murder, and one felony count of conspiracy to commit murder, and the sentencing enhancements for multiple murders, murder during the commission of a burglary, and murder during the commission of kidnapping were found true.

However, the jury indicated they were at impasse with the similar counts against Murphy, with seven of the 12 favoring convicting the Mission Hills resident. Goethals then declared a mistrial. Deputy District Attorney Howard Gundy said after Murphy would be re-tried and, sure enough, a pre-trial hearing is already scheduled for January 13.

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Jayprakash Dhanak
The prosecution had alleged Krasnoperov and Murphy conspired with 26-year-old Iftekhar Murtaza of Van Nuys to murder Jaypraykash Dhanak, 56, and his daughter Karishma Dhanak, 20, and to try to do the same with family matriarch Leela Dhanak, now 57, at the family's Anaheim Hills home. Shayona Dhanak, then a UC Irvine freshman who is now 21, had broken up with Murtaza, who her parents disapproved of because they were devout Hindis and Murtaza was a non-practicing Muslim.

The reason for the earlier mistrial of Krasnoperov likely stemmed from his not having participated in the actual attacks but of having helped his childhood friend Murtaza in the planning and recruiting Murphy, who prosecutors say was to be paid $30,000 for allegedly helping Murtaza carry out the brutal killings. Evidence was presented at trial that Krasnoperov informed Murtaza via instant message that he would contact someone whom he knew "used to do this type of work."

"It seems a little iffy to put somebody in prison for chatting on a computer," juror Louis Kershner reportedly told the Orange County Register after the verdicts were read. "If you read the law and you look at the evidence, [Krasnoperov]'s guilty."

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Karishma Dhanak
The Dhanaks worked together in Irvine, but on May 21, 2007, the husband beat the wife home by several hours, having arranged to meet the Mrs. there later. Sometime after 6:30 p.m., invaders entered the house and forcibly restrained Dhanak before beating and repeatedly stabbing him. He was left in a bathroom while his attackers awaited the arrival of Leela and Karishma.

After being
dropped off at the home around 10:30 p.m., Karishma was forcibly detained. When the mother arrived about 15 minutes later, she was immediately attacked and stabbed in the stomach. The home was then doused in gasoline and set ablaze as the attackers tried to move the father, mother and daughter into a van parked outside.

However, a witness approached the home because the fire had spread by then. The attackers only managed to drive off with Jaypraykash and Karishma Dhanak in the van. Leela Dhanak was left unconscious on her neighbor's lawn. The witness managed to flag down a passing patrol car, and an officer attended to the woman while the home was engulfed in flames and largely destroyed.

The next day, the bodies of Jaypraykash and Karishma Dhanak were found set ablaze on a bike trail at Mason Regional Park in Irvine, which is also near the college Murphy attended, Concordia University, Gundy later informed jurors. Leela spent a month in the hospital as a result of her wounds, including about three weeks in a coma.

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51 comments
taniasurfer
taniasurfer

Everyone wants to believe Kras is innocent, but he is not. He was charged because he knew that Murt would carry out the plan. There is a lot of evidence we didn't get to hear as a public, and even more that the jury didn't get to hear as decision makers. But let me assure you, that he knew Murt was going to carry out the plan. Since we are in the public court, let me say that I present the evidence of a long-standing relationship between the two involving serious illegal behavior.

I like many went to school with the two at numerous LAUSD institutions. The reality - I've heard of crimes these two committed since they were at high school together. I as well as others remember a Murt that used to pirate software and sell it to people for profit. That he liked to pluck his eye brows and have a stupid bang in the front with the rest of his hair spikey. I also heard first hand that Murt was caught stealing a video game from frys with Kras and they were given a ticket. Later, I heard Murt and Kras were selling computer parts at a bulk load - which meant the parts had to come from somewhere. When Murt and Kras were selling whole computers, it came out that the computers were LAUSD terminals because everything was pretty standard back then with serial code stickers on everything. Eventually, it was widespread knowledge that Murt and Kras were both breaking in and paying off janitors at schools to steal LAUSD computers and resell them for profit. I remember seeing Kras selling a stolen processor to the computer teacher at a high school. I remember the teacher acknowledged it was stolen and paid cash.

They had a history of hard crime. They were stealing things together. He knew Murt would have carried out a plan. The special circumstance was not special for these kids, because they had held people up before. They had stolen computers from public schools on the tax payers dime. 

Kras was fucked up - no dad in the picture. Everyone loved him. Everyone cared, but life was a big joke to him. We all reached out to be there for him. But he flaked and sought the authoritarian comfort of the Murt maniac. I feel bad for Kras, but if he needed a father figure there were other ways. Also, if he was given a deal - he should have taken it, THEN fought for his innocence. Once again, he didn't learn his lesson. He needs to stop defending these men who are horrible surrogate fathers and confess already. HE KNOWS WHO THE THIRD PERSON WAS. He could have said it, moved on, been released, and have everyone love him again. But he chose his path - he needed help. He knows the system is better for him - he's fucked up.

949girl
949girl

The DA (Gundy) who prosecuted this case was also the lead on Eder Herrera, who they had to drop charges against on Friday.  A man who had been in custody for 3 months accused of killing his mom and brother, only to have this linked to the homeless serial killer, Ocampo.  The only evidence that they (the DA) had against Herrera, that was admitted during a press conference, was that Herrera acted suspiciously by not stopping at his home when he saw the commotion.  That was it.  They held him for 3 months on 2 counts of special circumstances first degree murder of his mother and brother.  I'm sorry, but Gundy took a case and would have prosecuted him with this weak evidence for first degree murder.  I just don't trust the judgment of Gundy.  Yes, Krasnoperov was convicted in his second trial but I'm still bothered by this verdict and am sure it will be overturned on appeal.  Really, how can a person be convicted of murder when they weren't even there?!  These cases are separate but the same DA was on both.  I wonder what kind of apology Herrera got? 

 http://blogs.ocweekly.com/nave...  

L Vic
L Vic

 Does he deserve to be in prison for the rest of his life?  I don't know.  2 innocent people are dead, a 3rd brutalized; a child left to live with this for the rest of her life.  Did he contribute, even in a small way?  The jury said yes.  And, if so, maybe he's where he belongs

Livethroughthis1
Livethroughthis1

OK. I will write the judge. Thank you for posting his address.

Orange
Orange

He WAS at the scene. There were 3 people there that night and so was Kraspernov. Besides, encouraging a friend to commit a hateful crime is just as bad as doing it himself. If he was a good person, he would have gone to the police and stopped this from happening int he first place. If your gonna pull the race card, well hes a Russian and theres a lot that can be said about them too. This was not about religion or race one bit-these people are disgusting and pathetic.I am so happy that they are all going to rot and die in jail.

949girl
949girl

The address for Judge Goethals is:

Judge GoethalsDept. C41700 Civic Center Drive WestSanta Ana, CA  92701

Livethroughthis1
Livethroughthis1

I spent a day sitting in on this trial (the first one) for a Business Law class. I selected the courtroom randomly and had no prior knowledge of the case. I was horrified that this guy was facing life for a murder when he was not present at the scene and had no motive for the killing. I think IM/text messages are open to broad interpretation; even if he was playing along with his friend's crazy ramblings, that doesn't prove that he actually believed his friend would do it. This sets a very dangerous precedent. It seems like he should have been charged with some lesser crime like obstruction for not being more forthcoming with the police.

Rather than the jury or legal teams, I think the law is to blame. These conspiracy laws need very little evidence to pull someone innocent into the conspiracy and ultimately convict them. You see this in drug cases quite a bit; ten people convicted but only one guy was actually selling drugs and profiting. Most conspiracy laws were originally used mainly to target organized crime and are now being used on average citizens with disastrous results..part of the reason for our astronomically high prison population.

The thing that stays with me the most about this experience was watching the mothers. I saw Vitaliy's mother right away; I knew it was her from the heartbroken, anxious look on her face that I can still remember. Then I realized I was sitting close to the victim's mother, Leelaben Dhanak, because I  could see the fading burn marks on her arm. What a horrible physical ordeal this woman went through and the loss of a daughter and her husband. Someone needs to pay for this but I think they have the wrong man.

Jhoveyhansen
Jhoveyhansen

I gave 30 days of my life to this trial. My heart ached for Vitaily's family. When you are on a jury, you cannot vote with your heart. I prayed about this and came to the decision based on facts and the law. That is what a juror's obligation is. I kept waiting for reasonable doubt from the defense ... It was just not there.

mitch young
mitch young

More immigrant crime -- but not from Mexicans.

AG2
AG2

I feel like something must have happened in the jury room during deliberations. Someone must have dominated the discussion and pressured the other jurors to vote guilty. There is simply no other explanation. The article above even states one juror said "it seems a little iffy to put somebody in prison for chatting on a computer."  So why did you then? What's the explanation for that? It's clear that at the very least this juror didn't think the guy should be found guilty. Something weird is going on here and that's just unfair to the guy. He deserves fairness, all of us do.

Observer
Observer

I completely agree with you, there was no evidence whatsoever other than the IMs. None. This guy was convicted based on assumptions and that is cruel and unfair. What happened to that family is absolutely horrible and no one is rejecting that. But it is absolutely irrational and unjust to put a man behind bars, possibly for life, just because the real perpetrators have not been found. This man simply talked to a friend over AIM. How many of us have done that? If you read the conversation that has been released to the public and was used as evidence, it is clear that it was craftily pieced together by the DA to lead to the erroneous presumption that this guy was actively engaged in plotting this tragedy. The truth is, there is no evidence. People cannot and should not be convicted on a baseless theory without actual proof. That is exactly why the first trial ended in a hung jury. They couldn't agree on a SINGLE count. And here, this group of people easily agreed on every single one "without a reasonable doubt?" That is highly improbable. It is clear that there were politics at play here for the DA to go after this unfortunate guy and unreasonable minds were swayed by emotions rather than using logic and fairness.

949girl
949girl

The crime is awful.  But convicting Vitaliy for first degree murder isn't the solution.  He wasn't at the crime scene.  Yes, I know there were the two IM conversations that were found on Murtaza's computer, but it's really unsafe to rely on a late night IM exchange when you don't know the state of mind of the person typing it.  A lot more goes in to a conversation than the actual words, there is body language, tone etc. There was no motive introduced or exchange of money for Krasnoperov.  Don't people sometimes say ridiculous stuff with their friends? I know I have and not had any intent of doing what was said, both in person and via text/IM.     Both of these messages were after midnight, one in the 12 am hour and the other in the 3 am hour.   I truly believe he didn't know that Murtaza was serious and he kind of just went along with him.  If he thought Murtaza was serious he would have prevented this from happening.

If Gundy truly thought Vitaliy was guilty he wouldn't have offered him a plea deal right after trial started.   This is all about politics and convictions.  He was offered  a deal for his testimony in which he'd be out of prison by the age of 30.  Something isn't right here.    It kind of goes to show you that someone that believes in their own innocence would turn this down.  Unfortunately, he should have taken the deal because he's a good person.   Sometimes there is more to a story than the media reports on. 

949girl
949girl

You're obviously a very misinformed person. He wasn't at the crime scene and it was never even suggested by the prosecution.  Never even implied he was there.  Where you got that from I don't know, but it wasn't by any evidence.  During the first trial the prosecutor said three people were at the crime scene...Murtaza, Murphy and an unknown.  He didn't mention this second time around because he doesn't know who it is and he didn't want a weak case second time around.  Suggesting that because someone was born in Ukraine makes them disgusting, says more about you.  Gundy is batting 33% on this case and Krasnoperov will win on appeal.  Out of the three cases so far he's lost on two, with at least two more to go.  Making late night suggestion might be morally wrong but that doesn't equate to murder.  Krasnoperov is the wrong guy going down for this.  Wait and see...this verdict will not be upheld. 

949girl
949girl

Thank you for your response.  You see this exactly how I do.  If you want to help him you could write his judge and basically express what you just said here or you could speak at his sentencing March 16th.  I'm doing both.  Please let me know if you plan on doing either.  Thank you!

Mc379
Mc379

unfortunately he was a victim of poor representation. and that in itself is not fair. did you feel that his attorney's defense was poor overall or compared to Murphy's?

mitch young
mitch young

It has every fucking thing to do with this incident. Just about everyone involved was an immigrant (or 'first generation') as far as I can tell. More importantly, we haven't had this sort of Hatfield and McCoy shit in the US for, oh, 80 years, and never in OC.

The real question is: why are these people in my country? You want your Muslim to date Hindus only, stay in that shithole they call India.

Mc379
Mc379

you ignorant man. it's easy to simplify things when it's not your life on the line. your comment has nothing to do with what happened in this case

949girl
949girl

Whether Vitaliy made poor moral choices is not a reason to convict someone.  I don't believe he knew his friend was capable or even serious about this crime. 

 The fact of the matter is is that the DA knows that there were more than 2 people at the crime scene.  This has been a part of their case in the first trial.  It's alleged to have been Murtaza, Murphy and an unknown person.  This wasn't brought up in the second trial.      Someone out there who was ACTUALLY at the crime scene got away with murder and Vitaliy is taking the fall.

The DA is punishing the wrong guy here.  If you are going to prosecute Krasnoperov then they should also prosecute Coronado, Velasco and the female friend of Murtaza's that he told his intentions to.  Three people testified under oath that Murtaza spoke of this crime.  One of them got immunity from prosecution, so what does that say about his character if he needed immunity to testify? Two were approached about doing a hit from Murtaza.  They had prior knowledge, why wasn't this a 6 defendant case then?  Because those two guys didn't take him seriously, like Vitaliy, they thought he was just blowing off steam.  Those other people aren't any less guilty than he is then and they should all be held accountable if this is how the justice system works.  Most people don't realize when they are friends with a sociopath.  It's not uncommon to entertain a strange conversation from a friend.  You can say that you'd never say what Vitaliy said, but wait until you get in a conversation like that in the virtual world at 3 am with a friend who is angry about a break up.  People say some pretty crazy stuff after getting dumped.  And friends listen to their friends vent. However, spoken conversations aren't recorded.  Imagine if they were?

Krasnoperov didn't help the investigators with their case, that may be true.  Vitaliy may not have said all that he knew after the fact but that doesn't make him guilty of murder.  Just because he may have not admitted to those IMs doesn't mean he's a murderer.  Before harshly judging him realize this could happen to a lot of people.  Be careful logging online or texting especially after a night out.  I'm not joking.  I don't know his state of mind but my take on it is he was a 21 year old guy, probably out partying before, came home, saw his friend on AOL and got roped in to some sociopath's twisted plan without realizing the severity of what he was actually doing. 

I wish him the best.  I can see him winning an appeal but that's going to take years.    

Michaelmcjimsey88
Michaelmcjimsey88

I'm overlooking this page on the case between raja and vitaly because for the last few years I've been in custodyoff and on during violations of probationand small cases I've picked up whiledrunk and shit. I know vitaly really welland he's not a fuckin murderer he's a cooldude now on the other hand his ex buddyraja murtaza is a wierdo. I've never seen an inmate with so much fuckin legal paper work in a one man cell. I've neverseen an inmate have so many problemswith other inmates constantly arguingwith people and shit. Some O.G he pissed off threw his old milk in his face through the bars and raja screamed for the deputies like a Winnie. But vitalyis cool person. He talked about getting back on his street bike and his mom a lotshe's a nurse he says. I can picture raja on death row already in a one man cellfull of legal papers and he has porcelainvaneers but within a few more yearsthell fall off and or chip. He'll be lookinlike a toothless indian hillbilly in a fucked up situation. Vitaly will be alright. My name is Michael mcjimsey and I have a facebook profile hit me up. Let's talk

Mc379
Mc379

thank you so much for your support everyone. it restores my faith in people and that they can recognize an injustice when it so blatantly injures an unfortunate person. 

949girl, when you find out the address for Judge Goethals's chambers, can you please post it here so that people who would like to voice their concern for this unreasonable punishment can do so? or if you feel comfortable, your email so they can ask you for it. thank you

Jhoveyhansen
Jhoveyhansen

I believe he had very good representation, that is not what I meant to convey. He had a very competent and well respected attorney - both defendants had competent and strong representation. I took my job very serious and weighed absolutely everything - not just in deliberation, but throughout the entire trial. I thought about nothing but these two young men and what was at stake for them. My decisions were not taken lightly and all of these families are in my prayers and will be forever. I just wanted to say that I felt for the parents of these young men - but these verdicts can not be made from these type of feelings. But thanks for your reply - I did not stay to talk with anyone. I didn't feel like talking on Thursday. It helps me to have at least said this.

mitch young
mitch young

Meant, you want your *daughter* to date Hindoos only.

BTW India is quite literally a shithole -- maybe they should concentrate on educating civil and sewage engineers rather than electrical engineers and coders who then come here and put 40 year old American IT guy out of work.

http://www.bloomberg.com/news/...

ChadOC
ChadOC

Guys, everything you are saying is going against our justice system. Let's not forget these jurors were pooled from the population and are regular people just like you and I. We can sit back and base our opinions on a few facts that were published in the paper or based off of what Krasnoperov's friends tell us (949girl); but the fact is that these jurors heard the FULL story and the decision was unanimous. The focal point of the argument here is that Vitaliy made a few late night comments to a disgruntled friend; yes that is true but that is NOT all. Vitaliy CONTACTED other who "did this type of work", he also suggested BURNING DOWN THE HOUSE -- which is exactly what happened. When you are helping someone explore different avenues to carry out the crime that is called CONSPIRACY for murder. Vitaliy deserves LIFE in prison, he helped Murtaza plan this and he helped him flee to Phoenix (lets not forget Vitaliy was also arrested at their "safe house" in AZ). This case is a precedent and lives will be saved when others hear about this punishment. Hats off to the Jurors who heard ALL of the evidence AND the defense.

Mc379
Mc379

We can only hope less than when he turns 30. Then, his choice not to take the deal and fight for his innocence will prove to have been worthwhile. The truth will come out when he is allowed to actually take the stand and tell his story. I wish him the best of luck. 

Olgagritsenko7
Olgagritsenko7

God bless you...You are a very, very special person...And it's look like god himself send you to the earth... Thank you!!!!!!!!

949girl
949girl

I'll find out the address tomorrow and post it.  If you want to email please feel free:

miajet77@gmail.com

I was just reading on Friday about a case somewhat similar in Northern California which a judge reversed the jury's decison and cited the punishment as cruel and unusual. 

949girl
949girl

Hi Jhoveyhansen,You aren't ignoring me and I extremely appreciate you taking the time to comment.  I really do.  I'm not trying to change your mind or your opinion whatsoever and if you feel confident in your decision than I really respect that. 

Yes, please feel free to contact me:miajet77@gmail:disqus .com

Thank you!

Mc379
Mc379

Thank you Jhoveyhansen for taking the time to post here and your continued interest in this case. It helps to know that others realize the gravity of the situation here and are willing to discuss it. Thank you, from the bottom of my heart

Jhoveyhansen
Jhoveyhansen

949girl: Not ignoring your question - give me some time to respond. Ive appreciated the conversation but just need to think before I type. PS Your last comment didn't give me the reply button, only the like. And - if you feel comfortable, can you give me your email address? I'd like to e-talk privately. Well - I guess there's nothing private about electronics is there?

949girl
949girl

So do you believe his alleged participation with the 2 IMs justifies him spending the rest of his life in prison without the possibility of parole?  For allegedly typing two instant messenger conversations during the middle of the night that weren't shown in full context?  That's the mandatory sentence he will get unless a miracle happens.

Jhoveyhansen
Jhoveyhansen

We all worked together with respect for one another. The discussions were never anything but civil and everyone had a chance to speak freely. I can tell you that as difficult as this subject was, when we disagreed it was in a decent manner. I am only speaking for myself here - but my vote for conviction is based on all the evidence presented. My vote was my vote - I never felt that I was being manipulated by anyone - on either defendant. I'm trying to answer your question "was it that easy to find him guilty". No - it truly was not. If we re-read our jury instructions once, we re-read them 10 times. We went through every written detail, the DVD of police interview (more than once). I did what I was instructed to do and it bothers me to think there was more out there. To answe your other question - no, we never weighed the fact that the defendants did not take the stand. That instruction had been made clear from jury selection. We didn't even mention it - my comment meant that I personally would have liked to have heard from him but it in no way impacted my final decision.

949girl
949girl

That's a good question.   Can I ask you a question, was there any juror in particular who you felt took control in deliberations or was it easily decided upon for Krasnoperov's guilt?  Was it that easy to find him guilty?  Did anyone just say they felt he was guilty from day one?  I'm just trying to find out why this was a unanimous decision.  Did the jurors take those IM messages as proof without any consideration of anything else?  So much goes along in communication and words can be misinterpretated.  Besides the 2 IMs what else had you fully believing he was guilty?  I don't recall any other evidence against him that could have been found without those two messages. 

Also, I remember you stating in a previous comment "we were instructed that the defendant's choice to testify or not could not be considered during deliberation."  I'm not trying to be argumentative either, but the burden of proof is on the DA to prove the case and his choice to take or not take the stand shouldn't matter since it's up to the DA to prove his case.  I don't think that is fair if this was held against him.  Did the jury think about him not taking the stand?  I believe the reason he was even prosecuted and some of the others weren't is because he maybe wasn't as allegedly cooperative as he could have been according to detectives, after the crime occured.

Thanks for you input.

Jhoveyhansen
Jhoveyhansen

Jurors (in general) get a bad reputation - they are admonished by the judge to not do any research on their case - not allowed to talk about it amongst themselves or others, spouses or loved ones. I wanted to on this case - so many times, but I followed my orders. I did have one question that hit me on Wednesday night - during jury selection we were implored to believe any defendant is innocent until proven otherwise. It hit me that Marco Valezuez's testimony revealed that Murtaza was still awaiting trial. Why were Kras and Murphy on trial for murder if Murtaza is "presumed innocent"? I highly doubt he will be - it was a procedural question and I wanted an answer. Since I can now talk about this many people say that was a stupid question I don't think so - if you follow your court orders (rules) Murtaza is still innocent, am I wrong? By the way - it's nice to talk about this with someone. I wanted to reach out and hug V's mom so many times. Talk about feeling for another mom!

949girl
949girl

You're not being argumentative and I really do appreciate your response.  I don't think it was ever said it front of the jurors, like many things that were and are important to this case.  Most of the real stuff happens out of the presence of jurors, that's why they are excused so often and wait in the hallway for so long.  He seems like one of the most fair and respectable judges in the county of Orange and I have a lot of respect for him. That is why when it comes to sentencing I think he will be fair, but Krasnoperov is facing a mandatory Life without the Possibility of Parole being that  the sentencing Enhancements were found to be true, so I don't really know what he can do at this point.  He was offered a plea in this case, with time served he'd be out by 30, but because he was firm in his innocence he turned it down.   Orange County is the most conservative court in all of California and if this were in any county other than Orange the case would have been dropped after the first hung jury and they should have focused on the killers of this family.  Do you not think all of these guys were offered deals?  Even Murtaza himself?  With a lot less time than Krasnoperov is now facing?  That is a fact, Murtaza has been offered a deal.  Like Goethal's said, don't take what the attorney's say for fact.  He is a smart judge and really tried to convey that to the jury but I guess they didn't pick up on that.   After Murphy's hung jury now, don't think he is now mulling over a deal, which Krasnoperov never considered.   If Gundy is so certain these guys are guilty, why are deals being offered?  This case isn't about justice, it's about politics and convictions on resumes.  Krasnoperov is innocent and that's why he didn't consider a deal.

He was tried before unsuccessfully and that should have been the end of it when they had a hung jury in May.  The OC Register reports it was 10-2 split towards guilt, but that was the conspiracy charge.  They were evenly split on the serious charges and didn't even consider the enhancements.  The DA should have concentrated on the perpetrators of this crime, not one of the many who was alleged to have known some anger of Murtaza at some point in time. Who actually knows that they are friends with a sociopath?  People have  friends that say crazy things, especially now with text/IM and the cyber world, but most don't consider crazy talk reality because most people don't actually think they know a sociopath.  People react differently and maybe Vitaliy made poor choices but who knows?  most people don't have their alleged personal conversations confiscated with test versions of software on someone else's computer.  There isn't even proof he typed those.  Who witnessed him typing those?  If you can't place Murphy at the crime scene then how can you prove Krasnoperov typed those?  Other people knew of this but their knowledge was limited in court, so the jury is led to believe Vitaliy is the bad guy.  What about Coronado, Velasco and the female friend?  They all allegedly had prior knowledge. Gundy is great with theatrics, he can play up the anger and finger pointing but behind closed doors he's joking around.  He needed this conviction.  This case was high profile and once they arrested him they couldn't let him go.  He's been in jail 4 1/2 years already.  I could see him getting manslaughter at the most, if the allegation were found true, but first degree murder with sentencing enhancements?  THAT'S INCREDIBLE.   Life in prison for allegedly saying some strange stuff to a friend?  I actually thought the first amendment applied to free speech, no matter what you allegedly say.  Where was the agreement of the conspiracy to make this all true?

There is so much the jury doesn't know.  I respect the jury but I just don't think they were presented with an actual representation of Vitaliy.  I want to be clear, I'm not a friend of his, like suggested in a previous comment, I'm actually a random person who has looked in to his case and was so sick of what happened to him.  Judge Goethals is very fair and he has said that he wants cases open to the public since they are funded by the taxpayers when attorney's have tried to suppress things from being mentioned.  Why else would I know about all of this?   I'll definitely help him out with whatever I can do.  But I don't know what you can do for a person facing life without the possibility of parole??

Jhoveyhansen
Jhoveyhansen

Just curious with the comment that the Judge admitted flaws in the judicial system - I must have missed that. Not trying to be argumentative - I just didn't hear him say that.

Jhoveyhansen
Jhoveyhansen

I too wish I could have heard from Vitality, but we were instructed that the defendant's choice to testify or not could not be considered during deliberation. I've always wondered if it could make a difference. I can wonder that as a private citizen - but when you are a juror - it's the facts, witness testimony, the written law and jury instructions that you are allowed to base your decisions on. This wasn't a TV show - this was real life and when all the chatter ceases, I will remember this experience the rest of mine. I had no knowledge or connection with any of these people before November 14 - now I will never forget them.

949girl
949girl

I'm glad to hear from the juror also BUT I just wish they could hear everything that really went on with this case.  It's so sad what is allowed and isn't allowed with the evidence that is presented in court.  Even Judge Goethals has admitted the justice system is flawed AND to not take what attorneys say as fact and somehow I believe what Gundy said was taken as fact and it's a shame.  The DA was in a lot of hot water after his first mistrial and he completely switched around his strategy this time around.  This is the second trial on this case and he's got two hung jury's now, this is not a win for the DA, he's batting 33% so far, with at least 2 more trials to go.  He was after Vitaliy and he succeeded.  But there were errors that occurred and he will get an appeal.  I wish the focus would have been on the actual crime and not all of the virtual circumstantial evidence.   

Mc379
Mc379

thank you for your response. i just feel that if you got to hear from him the explanation behind the online conversations and the circumstances overall, it would provide a more well rounded picture giving you more information to base your decision on. i can't help but feel that the defense focused on only one aspect without allowing you to find out the person behind those conversations and proper context. it absolutely kills me to know that not everything was presented that could have been and that he has to suffer for it

949girl
949girl

Actually, the jury did not hear all of the facts.  That's the problem.  4 years of preparation went in to this case for the DA, not the defense.  Fred McBride has been on the case since late August 2011 after Brent Romney had to leave the case.  So 2 months ... not 4 years.  You are implying he suggested methods to commit a crime as fact when much text/IM conversation is taken out of context.  Vitaliy did not help Murtaza plan the murder, there is no proof other than 2 late night IM messages that were on found on Murtaza's computer on a test version of AOL.  Instant messaging is a pretty new phenomenon in comparison to the laws of Conspiracy/Aiding & Abetting and the laws need to be amended. 

What I don't understand is why Vitaliy's instant messenger conversations were taken as fact but Charles Murphy's weren't? Something doesn't add up here.  The DA went after someone who may have said some dumb stuff on AOL instead of the 3rd person that was at the crime scene that conveniently wasn't mentioned at trial this time.

Mc379
Mc379

actually Vitaliy's attorney had 2 months to prepare for trial. the DA had 4 1/2 years. also, there's a difference between conspiracy to commit murder and actually committing it. it takes a certain mindset and the two should not be equated.

ChadOC
ChadOC

Again, The Jury did hear all the facts - in fact 4 years of preparation went on before this case even went to trial. Krasnoperov elected not to take the stand (as is common with murder trials), probably for fear of being cross examined. The fact remains that Vitaliy suggested various methods to commit the crime, he MADE an effort to contact people and suggested burning the house down. Murtaza also consulted with Krasnoperov after the murders, he knew what was going on. He wasn't at the scene and the prosecution never accused him of that. Bottom line: Vitality helped Murtaza plan the murder and for that he'll pay. You can try to put on a pair of glasses and appeal the verdict but the evidence will convict you again. Do the crime, do the time.

949girl
949girl

Mc379...so true.  If all of the evidence were heard in court he would have been found not guilty.  Anyone who is relying solely on what is reported in the media, like the OC Register, as fact really doesn't know what's going on.  And you are right, he wasn't at a safe house, he had permission from detectives to go to Arizona.  They knew where he was going to be.

This will not be the last of this case, I have a feeling it's just the beginning.  As people evolve and technology becomes more and more a part of our everyday life, the laws will need to evolve to handle these new types of cases.  You're so right, The Jury didn't hear the whole story.  He'll win on appeal.  That I'm confident of.

Mc379
Mc379

that's not true. not all the evidence was allowed to be heard because of some circumstances. if all the evidence was admitted and Vitaliy was allowed to take the stand, THEN the jurors would've heard the full story. and there was no safe house. Murtaza was arrested at the airport trying to flee the country. Vitaliy was arrested visiting a friend, after getting permission to go there from the cops. why would he tell them who he was going to visit if he was trying to run??? that doesn't make sense. the point here is that he wasnt allowed to tell what happened. THAT is the injustice. the jury made a decision based on the story the DA told, who is clearly trying to get a conviction because it's his job. the jury wasn't presented with the FULL story

ChadOC
ChadOC

Guys, everything you are saying is going against our justice system. Let's not forget these jurors were pooled from the population and are regular people just like you and I. We can sit back and base our opinions on a few facts that were published in the paper or based off of what Krasnoperov's friends tell us (949girl); but the fact is that these jurors heard the FULL story and the decision was unanimous. The focal point of the argument here is that Vitaliy made a few late night comments to a disgruntled friend; yes that is true but that is NOT all. Vitaliy CONTACTED other who "did this type of work", he also suggested BURNING DOWN THE HOUSE -- which is exactly what happened. When you are helping someone explore different avenues to carry out the crime that is called CONSPIRACY for murder. Vitaliy deserves LIFE in prison, he helped Murtaza plan this and he helped him flee to Phoenix (lets not forget Vitaliy was also arrested at their "safe house" in AZ). This case is a precedent and lives will be saved when others hear about this punishment. Hats off to the Jurors who heard ALL of the evidence AND the defense.

Mc379
Mc379

oh I get it, because the distinction between "Native American" and "Indian/Amerind" makes such a huge difference in your point. the issue here isn't whether the crime was committed by immigrants vs Americans but that an innocent man was wrongfully convicted for something he had no actual part in. it doesn't matter where he's from. what matters is that he was denied justice. THAT is the issue here

mitch young
mitch young

You do know the term 'native American' is quite meaningless. "America" was, after all, named after an Italian. How, if you mean 'Indian' or Amerind, maybe you have a bit of a point -- but at least the Indians fought -- Indian immigration policy was 'move into my land, I will kill you". 

Mc379@yahoo.com
Mc379@yahoo.com

no, some of the evidence wasn't allowed because of some circumstances. if Vitaliy was allowed to take the stand and tell his side of the story THEN the jurors would get an accurate picture of what actually happened. What they based their decision on is the picture the DA painted who is clearly trying to convict him because that's his job. the point is this man wasn't allowed to adequately defend himself. If he was, then the jury would be basing their decision on the FULL story.

also, there was no safe house. Murtaza was arrested at the airport trying to flee the country. Vitaliy was arrested at a friends house who he went to visit after obtaining permission from the cops. why would he tell them where he was going if he was trying to run?? clearly that wasn't the case

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