Ted Maher now says "It was an accident"

court tv online ^

[Jalapeno]

New Yorker pleads with Monaco court not to prosecute him in arson deaths

Ted Maher, left, could spend the rest of his life in a Monaco prison if convicted of killing billionaire Edmond Safra and a nurse in a fire he set in 1999.

By John Springer Court TV The 1999 deaths of billionaire banker Edmond Safra and a private-duty nurse in a Monaco were a "terrible accident" and should not be prosecuted as intentional homicides, a New York man charged with setting the fire that killed them told an appeals court early this month.   Ted Maher, a 43-year-old nurse who had been on Safra's personal staff, made the claim that the deaths were accidental in prepared remarks he read in a hearing May 3 before three judges. The court is expected to issue a key ruling within weeks which could determine whether Maher goes home to upstate New York soon or if he will spend much of the rest of his life imprisoned in the tiny French principality on the Mediterranean. Edmond Safra A Monaco prosecutor asked the court at that closed-door hearing to uphold his decision to try Maher on charges of arson causing death. Maher's lawyers insist that although the defendant set a fire Dec. 3, 1999, in a wastepaper basket, he had no intention of harming anyone. Prosecutors say Maher changed his story quickly and confessed that he merely wanted to look like a hero in his wealthy employer's eyes when he set the fire, stabbed himself and cooked up a story about confronting two hooded intruders.   Maher's statement before the appeals court, which was obtained this week by Courttv.com, shows his frustration with a criminal justice system that his family claims is making Maher a scapegoat for the failure of police and firefighters to rescue Safra and nurse Vivian Torrente. Both died from toxic fumes spread by a fire inside Safra's fortified penthouse in Monaco.   Before the fire gutted the penthouse, Maher stumbled bleeding from knife wounds into the lobby of Safra's bank building to report the fire. Firefighters, however, were kept from launching a rescue mission for more than an hour after Maher was taken to a hospital because police believed the intruders were still inside.   "Today, I exercise my right to protest ...," Maher, with the support of his lawyers, began his remarks. "I fully realize how politically charged and biased this case has been.  Does this justify a wrongful outcome of justice or to pass it along to others?  Does this allow a blindness to the laws of the country?"   Maher than hit on a point that some of the lawyers on his five-member legal team stressed in arguments to the judges. "Without the intent can there be a crime?  I was involved in a terrible accident, in which I hold myself responsible for, to a point," Maher said. "So much time passed without intervention.  I am no more an arsonist than anyone here. Is an accident a crime?  No, it's not!  And that is my main point. This is and always will be a terrible accident for numerous parties concerned — nothing more or less."   Prosecutor Daniel Serdet could not be reached. Maher's lawyer in Monte Carlo, Donald Manasse, told Courttv.com after the hearing that the defendant was forceful and sincere while delivering his remarks to the court.   "When he speaks for himself he comes off very sincere," Manasse said. "He basically says, 'I'm only a nurse and a father. This is all much great than me and I am very much concerned that this is a political thing.' "   The death of Safra, one of the richest men in the world, touched of a legal battle between his widow, Lily Safra, and surviving brothers. The "brothers Safra," as they have become to be known in the European press, have been trying to get the pre-trial investigation to remain open out of a belief that perhaps Maher not act alone. Lily Safra's high-powered lawyer argued that there is no evidence that anyone other than Maher was responsible for the deaths.   According to Manasse, the prosecutor's argument was that although he believes Maher did not intend to cause the death, he is nonetheless responsible for the consequences of his actions for setting the fire. Serdet argued that Maher should be forced to answer the more serious arson causing deaths charge in criminal court and not the French equivalent of involuntary manslaughter.   If the judges rule that Maher can be prosecuted in criminal court, he could face life in prison if convicted. If the case is tried as a lesser crime in a correctional court, Maher would face only six years in prison. He has already been incarcerated for 30 months.   At the hearing, Maher's lawyers argued that the investigation and statements Maher made to police in 1999 about being attacked by intruders should be nullified on numerous procedural grounds. Manasse said that he argued that the first examining magistrate, Patricia Richet, failed to properly advise Maher of his right to counsel before she interrogated him on the record. The appeals court recently held that suspects should even be interrogated at their initial appearances, only asked if they want to make a statement, Manasse said.   Maher's lawyers also argued that a search of Maher's hotel room was illegal because he was not present and did not appoint a designee to be there. Although Maher's wife, Heidi Maher, was present for the search, Maher did not know that she was in Monaco. Heidi Maher claims that she was kidnapped by agents of Lily Safra and taken to a police station against her will so that her passport could be confiscated and shown to her husband to get him to confess.   Maher has dropped his claim that he was attacked by intruders but his lawyers and wife say that without evidence he intended to harm Safra or Torrente, the more serious charge is neither appropriate nor legal.   "Should the courts keep the arson charges against Ted, I will look forward to having Monaco, not Ted, on trial," Heidi Maher told Courttv.com. "[The defense] has prepared many worldwide experts to come into the trial to prove it was Monaco's police and firemen, not my husband, that killed Mr. Safra and Vivian Torrente. The same policemen that kidnapped both me and my brother to force Ted to confess. My husband was trying to save Mr. Safra and Vivian that night. The evidence clearly shows this. Monaco picked the wrong scapegoat. I will not give up my fight for showing the truth."   The court did not indicate how soon it will rule. A correctional trial — held for the lesser charges — could he conducted as early as July, if the court rules that way. A criminal trial most likely could not begin until September at the earliest.   Michael Griffith, a New York lawyer advising the defense, attended the hearing but was not permitted to address the court. We wanted them to know that if they do hold Ted to the higher charge, it's going to be a longer trial than they expected and we're going to put Monaco on trial," Griffith said. "If that happens people are going to find out that in Monaco it takes three years for an American to go to trial and when the wife goes over she gets kidnapped on the street."   Griffith said he expects a ruling by late May or the first week of June.

Comprehensive case coverage

[Texasforever]

Well I am not going to come late to this party since it is obvious that it is one of those real hot buttons. It does appear though that his supporters are never going to believe anything but that the man was tortured into a "confession". I hope it all turns out well and that justice is done one way or the other.

[68-69TonkinGulfYachtClub]

"I hope it all turns out well and that justice is done one way or the other."

That's all that has ever been asked.
Either a fair trial or his release.

[68-69TonkinGulfYachtClub]

"It does appear though that his supporters are never going to believe anything but that the man was tortured into a "confession".

I'm sure not going to believe the hack job done by Time Magazine and the NY Times in post 141, that's for sure. LOL

[Texasforever]

Well I can't fault you for that, given their track record. Good luck.

[sinkspur]

You find sanity where people are content with imprisonment without trial? Please go, like you promised.

Monaco does not have the same Constitution we have. One should understand that before going to work and live there.

I am going. Too much sanctimony here.

[Senator Pardek]

You're wasting your time, buddy.

[OwenKellogg]

>>>Whoa, there fella! I'm not sinkspur.<<<

You're right. My apologies.

>>>But I haven't seen anything by sinkspur on this thread that warrants the insults he's received <<<

His words: "I'm for sanity, too, but I haven't found much of that on this thread. "

Sinkspur has accused the majority of the posters on this thread who are asking for justice (in the western civilization style) as insane. He is the master of insult.

[68-69TonkinGulfYachtClub]

"One should understand that before going to work and live there."

Did you tell that to the pot smoking liberal who was caught in Russia?
Did you oppose our government getting him free?

[68-69TonkinGulfYachtClub]

"But I haven't seen anything by sinkspur on this thread that warrants the insults he's received"

Read post # 2 where he called anyone supporting Ted a fool.

[sinkspur]

Sinkspur has accused the majority of the posters on this thread who are asking for justice (in the western civilization style) as insane. He is the master of insult.

And you're the master of rudeness.

Gossiping about another poster without flagging them to defend themselves is cowardly.

There is a great deal of strange thinking on this thread, and much of it comes from Ted's defenders. I hope Ted receives the justice he deserves, whatever that is.

[sinkspur]

It is common courtesy to flag a poster when making reference to them.

[Registered]

"I hope it all turns out well and that justice is done one way or the other."

That's all that has ever been asked. Either a fair trial or his release.

If that is all that had been asked, then I would agree.

In America we are to presume the accused to be innocent, normally we make this presumption of innocence with only having the crime and little hard evidence before us. In this case, we have the detail reporting and the information that the Maher family has been compiling (something I would do too). Some would even perceive that the story and the facts concerning what happened has undergone some changes and evolved to the point we are at today. However, time after time after time in this thread we are being told to believe he is innocent, and let's face it, many FReepers are skeptics, which comes from some of the experiences many of us have had here in the forum. As long as we only get behind pushing for a speedy trial and leave the determination of guilt or innocence in the hands of the Monaco legal system and Ted's attorneys then I am fine with all this.

[Fred Mertz]

You crack me up! Mr. Kettle meet Mr. Pot.

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To: Fred Mertz

Why does the FBI continue to lie to us, even after September 11?

Why don't you post some "unnamed sources" proving that they're lying?

davis84, Fred Mertz, OKCSub. I'm waiting for Jethro Tull, Demidog, and Betty Jo to show up to complete the usual cast of paranoids.

41 posted on 5/27/02 8:11 PM Eastern by sinkspur
[ Post Reply | Private Reply | To 39 | View Replies | Report Abuse ]

From here: Your reply #41

[Nita Nupress]

One thing is certain about this case: It's very easy to decide that Ted Maher is guilty if one has no time to read beyond what the NY Times & other prostituted media tell you. This is a complex case and it takes a lot of digging to learn all the basic facts. Most people glance over articles like this, decide he's guilty, then go on about their business. It's understandable, especially when Ted comes out with a statement that seems to be saying he's not completely without fault.

I'm bringing forward some of my previous comments, in case anyone missed them. Hopefully, this will address the obvious question being raised. 

 

First, a key sentence from the Court TV article:

The court is expected to issue a key ruling within weeks which could determine whether Maher goes home to upstate New York soon or if he will spend much of the rest of his life imprisoned in the tiny French principality on the Mediterranean.

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My previous comments on this thread that are very relevant to the above statement:

I may be wrong, but here's my take on Ted's current situation as it stands.  (This is strictly my interpretation, and I hope I don't screw up something for him by throwing my theory around in public.  I'm just stating the obvious.)

The decision about his defense strategy is a huge gamble.  Does he continue insisting on his complete innocence and risk life in prison and never seeing his children again?  If he steadfastly continues to talk about "intruders," then Monaco is forced to deal with it accordingly.  They must protect their "safe" image since their economy is based on tourism.

On the other hand, should he vaguely refer to the fire as "an accident," be conciliatory & capitulating in his wording, and essentially give Monaco an "out" so they can let him come home?  Does he compromise and give them what they need to "save face" so he can receive a lesser sentence than life in prison?

 To me, it boils down to making the best of a really bad situation.  Monaco needs a scapegoat so they can retain their precious "tourist mecca" image; Lily is being typical Lily (read about her history); and Ted desperately wants to come home and put all this behind him. 

It's really easy for me to sit here and piously say, "If I were in that situation, I wouldn't budge an inch!", but then again, I'm not in that situation.  I'm sitting here fat and happy with my spouse and kids and watching the kids as they grow up. If I were in Ted Maher's situation, I honestly don't know what I'd do.

 

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Heidi, this is your business, but if I were an attorney involved in this case, I would advise you to refrain from commenting on this particular issue.

Jalapeno, respectfully, you have to understand that these threads are monitored by Monaco. They're probably hitting refresh every 30 seconds on this one. :-)

She can't be answering those kinds of questions right now. I know she wants to, but if she's smart, she won't comment specifically on Ted's defense issues.

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Why is there such a disconnect here? Why isn't Ted claiming his innocence? Nita's explaination is plausible, and if that's the argument we can leave it at that. I would only add that its just as plausible is that it might be true.

I've been trying to picture myself in that Monaco hell-hole, wondering just what I would do if I were in that situation. Even if I were completely innocent of doing anything wrong, would I continue to loudly & defiantly proclaim my innocence after being locked in a jail cell with no trial for over two and a half years? What kind of shape would I be in if I could only talk to my kids once a week on a stupid telephone? And if the judge ripped up my kids' mail in front of me? If my spouse had to work back-to-back doubles and sell the house just to keep groceries on the table for the kids? I can't even imagine it.

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[Lancey Howard]

Oh heck, I'm not shy. Come on in to the Ted Maher thread.....

LOL!!!

[Fred Mertz]

Jalapeno, respectfully, you have to understand that these threads are monitored by Monaco.

In my worldly travels of 30+ countries over the years, I've never ever had my passport confiscated or held for more than a few moments by the passport authorities or police. I am referring to Mrs. Maher's episode. I wonder what those scumbuckets in Monaco have to say about that?

[Nita Nupress]

You missed one. :-)

[american colleen]

I'm still wondering why Ted set the wastebucket on fire in the first place...

[Nita Nupress]

I wonder what those scumbuckets in Monaco have to say about that?

Absolutely nothing. The scumbuckets in banana republic Monaco hold all the cards here. They don't have to explain it.