by John Glatt
“We’ve got nearly a thousand counts in a period of ten years of solid crime,” said McGinty. “Never stopped, day after day after day.”
Then Judge Russo stopped him, saying it was not time for speeches.
“My understanding is that the parties have discussed possible pleas,” said the judge, “and that you’re working to see if that would be an effective resolution,” said the judge. “Is that correct?”
The prosecution and defense both agreed, without elaborating. Then Judge Russo adjourned the hearing.
* * *
Two days later, a very different Ariel Castro sat on the defense bench, after a plea deal had been reached. With his head up high and wearing a new pair of glasses, Castro was focused and articulate at the hastily called hearing so Judge Michael Russo could officially approve the plea deal.
Under the deal, which would put him in prison for life without parole, plus a minimum of a thousand years, Ariel Castro had agreed to plead guilty to 937 counts out of the 977-count indictment. These included the two charges of aggravated murder, relating to terminating Michelle Knight’s pregnancies.
“Mr. Castro, you’ve received your glasses now, is it better?” asked Judge Russo at the beginning of the hearing, which was being carried live by ABC News, who broke into normal programming for a special report.
“Yes, it is, Your Honor,” replied Castro, looking straight at the judge.
“Mr. Castro,” said Judge Russo, “my understanding from meeting with your counsel and counsel for the State is that a plea agreement has been reached in this matter. Are you fully aware of the terms and do you consent to that plea agreement?”
“I am fully aware and I do consent to it,” replied Castro.
“You understand by virtue of a plea, you’ll not be having a trial?”
“I am aware of that.”
Castro then told Judge Russo that he had fully cooperated with the FBI after his arrest.
“I said to Mr. Dave [Jacobs] that I was willing to work with the FBI and I would tell him everything.”
Then the judge explained that a prisoner serving life imprisonment without parole will die in prison.
“Do you understand this?” asked the judge.
“Yes, I do, Your Honor,” he replied.
“Do you believe for any reason that you’ll be released from prison before you die of natural causes?”
“Excuse me?” asked Castro.
“Do you think there is any reason, any hope that you might be getting out of prison before you die?” explained Judge Russo.
“I don’t think there’s any reason,” he answered.
“So finally, sir, again, do you understand, Mr. Castro, that by entering this plea you’ll never be released from prison?”
“I do understand that and I stated to Dave … at Sex Crimes that I knew I was going to get pretty much the book thrown at me.”
Judge Russo then asked if he had any questions.
Castro said he realized he was giving up his rights to a trial, but there were some things he did not “comprehend because of my sexual problems” through the years.
Later in the hearing, Castro said he wanted to put on record that he had been “a victim as a child,” and everything had stemmed from that.
“My addiction to pornography and my sexual problem,” he told the judge, “has really taken a toll on my mind.”
The judge cut him off, saying that he could talk about his problems at sentencing.
Judge Russo then went through the charges with him, but when he came to the count of being a sexually violent predator, a pained expression came over the defendant’s face.
“I don’t care for the wording,” he told the judge, “but I will plead guilty to that.”
At the end of the hearing, the judge told Castro that he would also have to sign over the deed to 2207 Seymour Avenue.
“Is that understood?” asked Judge Russo.
“I don’t have a problem with that,” said Castro.
“In addition to forfeiting the house,” the judge continued, “you understand you’re forfeiting the twenty-thousand-dollars plus in currency, as well as some other property to the State. Is that clear?”
“I understand,” he replied.
Craig Weintraub told the judge that the State had agreed that Castro’s personal photographs and clothing would be given to his children.
“I had other items in there,” Castro said, “that I would like for them to release to my family. I would just like to state I miss my daughter very much.”
Finally, Judge Russo asked the defendant yet again if he agreed to relinquish all his rights under the plea deal.
“You understand you’re giving up your right to any future challenges to this,” said Russo. “You’re giving up your right to appeal the sentence. Is that clear?”
“Yes, it is clear,” Castro replied.
At the end of the two-and-a-half-hour hearing, Judge Russo officially accepted the plea bargain, setting sentencing for August 1.
* * *
After the hearing, Craig Weintraub conceded that the evidence against his client had been overwhelming.
“There are no winners,” he told reporters, “even though we avoided the death penalty in this case, which was our primary goal. But my client understood that the last thing he wanted to do was re-victimize these women, who he actually had some relationship with despite how it started.”
Jaye Schlachet said that Castro would read a statement at his sentencing with “an explanation of how he got to where he is.”
Prosecutor Tim McGinty told the press that justice had been done.
“He’s never coming out except nailed in a box or in an ash can,” he said. “He is not stepping out.”
The prosecutor called Ariel Castro “a fraud and a coward,” announcing that the $22,268.83 in seized cash would go toward demolishing 2207 Seymour Avenue, along with two houses beside it.
“The house will be torn down,” he said. “We do not want it to be a symbol of Cleveland. This man’s the worst of the worst.”
A statement from the victims expressed relief that there would be no trial.
“Amanda, Gina and Michelle are relieved by today’s plea,” it read. “They are satisfied by the resolution to the case, and are looking forward to having these legal proceedings draw to a final close in the near future.”
* * *
That afternoon, Cleveland Police Second District Commander Keith Sulzer and Officer Michael Tracy paid an emotional visit to 2207 Seymour Avenue, marking the end of the case they had worked on for so long.
“I’m just happy for the girls,” said Officer Tracy, who was one of the first responders to the house after Amanda’s escape, “so they won’t have to relive those horrors again.”
Commander Sulzer said the plea deal was the best thing that could have happened for the community.
“And I think we need to get this over with,” he told a reporter. “We need to put it to bed and get on with making things better in the city. The girls can put this behind them and move on with their lives, and so can my officers, who have been living this case every day.”
A few blocks away, Onil Castro told reporters outside his front gate that he was glad about the plea deal.
“If that’s what he’s got to do to save his life,” said Onil, “then that’s good. He didn’t kill nobody.”
The youngest Castro brother said he did not know why Ariel had done it, but he deserved to spend the rest of his life in jail.
“It’s destroyed my life,” said Onil. “I’m very sorry for the three girls. I’m glad they got out of that and not a lot of people would. Ariel didn’t [kill] anybody but he still didn’t do right … but I didn’t have anything to do with that.”
* * *
On Saturday night, Amanda Berry made her first public appearance at the Roverfest 2013 concert, starring rap superstar Nelly. During his performance, Nelly suddenly brought Amanda onstage, to thunderous applau
se by the audience.
“I can’t even imagine the type of strength and courage it took to keep going,” Nelly told Amanda. “I commend you!”
Amanda, who was wearing a blue T-shirt, jeans and sunglasses, then went backstage with her family.
During his encore, Nelly called Amanda back to the stage, dedicating his triple-platinum hit “Just a Dream” to her. Although Amanda didn’t speak, Cleveland radio host Shane “Rover” French told the crowd that she had “some partying” to catch up on, and to help her out. Amanda then raised her arm to acknowledge the crowd, pumping her fist and mouthing the lyrics to the next couple of songs.
* * *
On Monday, July 29, Anthony Castro appeared live on the Today show, saying he had no plans to visit his father in prison. He told Savannah Guthrie that his father had gotten what he deserved.
“If he really can’t control his impulses,” said Anthony, “and he really doesn’t have any value for human life the way this case has shown, then behind bars is where he belongs for the rest of his life.”
Guthrie asked how he felt, knowing his father was capable of such cruelty.
“What’s horrifying is,” Anthony replied, “I have the same first and last name. I look in the mirror and see the resemblance, and I think about what he did and how horrible it was, and I can’t help sometimes just being overcome with it.”
Anthony said his father had brutally beaten him and his mother when he was growing up, and he would often cry himself to sleep.
“Your mom would have turned fifty tomorrow,” said Guthrie, “in some ways do you think about this as justice for her and what she went through?”
“I do,” he replied. “The first morning he wakes up in prison and the sun shines down. That’s going to be her justice.”
* * *
On Monday, a six-foot-high privacy fence went up to screen off Gina DeJesus’s backyard. The $4,000 fence was donated by well-wishers to protect the DeJesus family, who had been besieged by ghoulish sightseers seeking a glimpse of Gina.
“It meant a lot to me,” Gina told News 5 reporter Stephanie Ramirez.
Nancy Ruiz said the privacy fence would finally allow them the freedom to go outside and enjoy themselves.
“It’s awesome,” said Nancy. “You know we don’t have to worry about … anybody coming in my yard. So this means a lot to us.”
Nancy said that Gina was now being homeschooled, and would go to college after she got her high school diploma.
“She’s got her future planned,” said Nancy. “First thing I want her to do is to enjoy the summer before school starts.”
On Tuesday afternoon, as the Cleveland Courage Fund announced it had now raised more than $1.3 million, Amanda Berry and Gina DeJesus arrived at 2207 Seymour Avenue. After going inside for a few minutes to collect Jocelyn’s paintings and other personal items, they came out and spoke to neighbors, before being driven away.
That night, Michelle Knight posted a handwritten note on Facebook, thanking Commander Keith Sulzer and his officers, who had collected the thousands of cards and gifts from well-wishers.
“I’m overwhelmed by the amount of thoughts, love and prayers expressed by complete strangers,” she wrote. “It’s comforting. Life is tough, but I’m tougher. Just when the caterpillar thought the world was over, she became a butterfly. Thanks.”
* * *
Late Wednesday, July 31, the Cuyahoga County Prosecutor’s Office submitted a sentencing memorandum to Judge Russo, throwing new light on the case. It revealed for the first time exactly how Ariel Castro had lured his three victims into 2207 Seymour Avenue, using his daughters as bait. And it gave horrific insight into the terrible conditions they had endured for a decade or more.
“The Defendant preyed on vulnerable young women,” read Prosecutor Tim McGinty’s memorandum. “He was able to trick them and nullify their defensive instincts until he had them restrained in his house. Once the Defendant had them in his personal prison, he went to great lengths to ensure their captivity.”
The prosecutor wrote that Castro had controlled his three prisoners’ movements for years, with chains and other physical restraints.
“Every aspect of the victims’ physical freedom,” he continued, “was dictated by the Defendant. There is only one bathroom in the house, on the first floor. The Defendant would not allow the victims downstairs to use the bathroom. They only had access to plastic toilets in the bedrooms. They were emptied infrequently.”
McGinty explained how Castro also exerted his control through the temperature of the house during the steaming hot summers and freezing winters, as well as how much food and drink they were allowed.
“He used the cold of the basement and the heat of the attic as punishment techniques,” wrote the prosecutor.
He also tortured them psychologically, making them believe that their very survival depended on him, constantly threatening to kill them with his ever-present Luger.
“Through a program of prolonged physical, sexual and psychological violence,” wrote McGinty, “the Defendant was able to keep the victims in a state of powerlessness.”
The sentencing memo also revealed the existence of detailed diaries kept by all the women throughout their imprisonment. The diaries had been used by prosecutors to compile many of the 977 counts in the indictment.
“Several diary entries document abuse and life as a captive,” wrote McGinty. “The entries speak of forced sexual conduct, of being locked in a dark room, of anticipating the next session of abuse, of the dreams of someday escaping and being reunited with family, of being chained to a wall, of being held like a prisoner of war, of missing the lives they once enjoyed, of emotional abuse, of his threats to kill, of being treated like an animal, of continuous abuse, and of desiring freedom.”
33
“THE SCOPE AND MAGNITUDE OF ARIEL CASTRO’S CRIME IS UNPRECEDENTED”
At 9:00 A.M. on Thursday, August 1, Cuyahoga County Common Pleas Courtroom 17C was overflowing with press and spectators for Ariel Castro’s sentencing. An exact-scale model of 2207 Seymour Avenue, constructed by the FBI’s Quantico laboratory, had been placed at the front of the courtroom. And the big question on everyone’s lips was whether any of the victims would address the court.
The entire sentencing would be broadcast live by Fox News, MSNBC, CNN and HLN cable networks, as well as all four Cleveland network affiliates.
Now that Castro had pleaded guilty there would not be a trial, but Tim McGinty still planned to present evidence and call witnesses. He was determined to tell the world exactly what had happened inside 2207 Seymour Avenue, so there would be a record of Ariel Castro’s evil, in case he ever tried to appeal.
At around nine-fifteen, defense attorneys Craig Weintraub and Jaye Schlachet came into the courtroom, after meeting their client in a holding cell downstairs. Then ten minutes later, a shackled and handcuffed Ariel Castro was led in by two sheriff’s deputies. He stared through his glasses at the public gallery and appeared to smile, before sitting down at the defense table between his attorneys. Soon afterward the court rose as Judge Russo entered.
“Well, we’re here this morning,” said the judge, “for sentencing the case of the State of Ohio versus Ariel Castro. Mr. Castro, did you have the chance to speak to your attorneys since the last Friday you were in court?”
“Yes, I have,” replied Castro confidently.
“And have they discussed with you your rights at the sentencing, and the procedures to be followed?”
“Yes, they have.”
“Do you understand you have the right to speak, if you wish?”
“Yes, I do,” replied Castro.
Then the judge asked the two defense attorneys if they had anything to say on behalf of their client.
“Judge,” said Schlachet, “can I just make a quick objection before we start?”
He then objected to the prosecution presenting any witnesses or evidence, apart from the victims or their representatives’ impa
ct statements. He accused McGinty of basically wanting to retry the case.
“[It] didn’t go to trial for the exact purpose of avoiding a public spectacle,” he said, “of everything that’s going to happen. And we absolutely, Your Honor, object. Introducing doctor reports or photographs or a model of the house has absolutely nothing to do with what’s happened.”
Then Craig Weintraub reminded the judge that both sides had agreed not to disclose any graphic details of what had gone on inside the house, to protect the three women.
“This is a unique case,” said Weintraub, “and a story about an incredible survival, as well as a man with significant, undiagnosed mental illness.”
Weintraub said his client accepted full responsibility for his conduct, and that his mental illness and childhood sexual abuse could never justify his crimes.
“Mr. Castro pled guilty to over nine hundred counts and does not dispute any of [them],” said Weintraub. “The upcoming presentation that’s going to be captured by the media and played all over the world will forever memorialize the facts of the brutality that occurred.
“That is what we wanted to avoid; offering up the details and salacious facts. We wanted to avoid this, however it’s the prosecutor’s decision to have to show the world these facts.”
Judge Russo then asked Castro if he had anything to say in mitigation of his sentence.
“I would like to apologize to the three women,” he replied. “Can I do that now … or should I do it at the end of the day?”
Judge Russo said he could apologize to them now and also later when he spoke to the court.
Then, addressing the defense objections, Russo said he had already advised the State of what could and what could not be presented.
“I think the State’s concern,” he said, “is that there would be an adequate record so that any reviewing court … would know the foundation [of] why such a sentence might be appropriate. And why it’s not symbolic but actually justified.”
Prosecutor Tim McGinty then stood up, saying it was necessary to put on record the defendant’s “horrendous” offenses.
“Mr. Castro’s now an admitted murderer, rapist, serial kidnapper,” he told the judge, “and it’s only appropriate that we put before this community, this state, this country and the world, what he did for over ten years.”
