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

[sinkspur]

Besides, colleen isn't cracking jokes about "flushing out the truth" about Safra's diarrhea problem.

When did you suddenly turn so droll?

Sheesh, Nita. Lighten the hell up.

[Fred Mertz]

Nevermind, it was on the other thread. You answered his question with a question. Forget about it.

[68-69TonkinGulfYachtClub]

"As much as I despise the NY Times and Time Magazine I don't think they just went and made up these stories."

Tourism advertising is BIG bucks.
Maybe they were returning a "favor."
And never forget Time and the NY Times told us that klintoon was innocent and that Gore won the election.

[xJones]

To get some attention from someone. To bring help. The police were not responding. They were too busy down in the street playing Tiddlywinks.

Okay, he would be trying to get help from the fire department because of the two intruders. This last hand-written, in English, statement of Maher's doesn't mention the intruders, unless it's implied. But he has to mention the intruders definitely, or else there was no reason for setting the fire.

Excuse me, it's getting late, but I do hope a trial with all the facts coming out is held very soon in Monaco. I understand that there is such a HUGE fortune involved in this, and Edmond Safra had made many very dangerous enemies (the Russian mafia). A lot of people would have wanted him dead, and it's true that Maher would make an excellent fall guy. Also Safra's widow's actions and her timing of certain events look very suspicious. I'll repeat again, I do hope that Maher's lawyers get all the facts out at his trial.

One question, Safra's brothers were very upset about his burial in Switzerland instead of Israel. It's highly doubtful that they love their widowed sister-in-law. Are the brothers actively involved in this case? If they felt that Safra's widow was involved with his death, would they help by going after her? Or are they staying completely out of it, and letting her walk off with their late brother's estate?

[Senator Pardek]

Tick Tock Tick Tock.

I guess those who would vote for Clinton if he was "solidly pro-life" are having connection problems. (Hell - no one would accuse Clinton of being in it to have a TV show - LOL!)

[american colleen]

But WHAT did he need help for? And if he needed help for something, why set the wastebasket on fire? An action like that has dire consequences.

I would hope my two elementary school children would have better judgement than setting the wastebasket on fire to get help.

[68-69TonkinGulfYachtClub]

These 2 sources of info might help.
***Listen to the Radio FR AnnaZ and Mercuria
Interview with FReeper Mrs Maher (Ted Maher's wife)***
The interview is the Jan 3, 2002 one in the Radio FR Archives
RadioFR Archives, Hear the shows you missed

Click here for Ted Maher Defense & Support site

[MiMibru]

scented candles cover the smell.So sorry this has been stated repeatedly before but , It is very obvious you are too lazy to read back..... Tammy

[MiMibru]

If you have two people using cell phones to call the police and they tell you to come to the station and fill out a "report", Jeeze what WOULD you really do?Meanwhile you have enough stab wounds for 100 staples.Would you just stroll down the street? Your wife's passport is held in front of you (she supposed to still be in NY), You have been told that she has been stip searched and interogated.She will not be released until you sign this confession in French (which you do not read or speak). What would you do then? Yes, he started a small fire in a wastepaper basket.To get emergency personel to come. Ted has said that from the start. This is what he admits to. Tammy

[Mrs Maher]

I apologize, after sleeping on it, for calling you an idiot. I am very sensitive about having people comment about my husband (without knowing all the facts). This does not pertain to you in this situation and I apologize again. I just don't see how some of the other FReepers can easily make light of this, not knowing what it does to our family. A lot of the facts can NOT come out until trial. I would never stand by a murderer nor allow a murderer back into my or my children's life. No one knows what I went through with my kidnapping and being held for three days nor Ted's forced confession. I don't expect anyone to understand nor do I understand how anyone can easily make a guilty or not guilty assessment without knowing all the facts.

Monaco is indeed watching Tedmaher.com and linking to these threads

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[Registered]

Yes, he started a small fire in a wastepaper basket

Maybe I'm not following this very well, but I thought he used the candle by holding it up to the smoke detector, then he threw it into the waste basket which ultimately started the fire. Or are you now saying he used the candle to start a fire in the wastepaper basket?

[MiMibru]

That is it ...I am done .No more comments , details from me.

[Registered]

Well, that's certainly telling.

[Nitro]

Need a rescue quickly???

I know a few men with a SEAL of approval, that can take care of this in a Navy minute!!

[Lurking Libertarian]

If Monaco still, after 2 1/2 years, has still not even set a trial date why should Ted not be set free?

Most European countries (France, Italy, Spain, and I'd guess, Monaco as well) do not have trials in the US-UK style. They have an "investigating magistrate" who gets written evidence submitted to him by the prosecutor and by the defense lawyer and then conducts his own investigation and interviews witnesses himself. At the end of this process, he issues a report; if he finds the defendant innocent, the defendant is released; if he finds him guilty, there is then a public trial, but normally a much shorter one than in England or the US, with much of the evidence coming out of the investigating magistrate's report and only a few key witnesses actually testifying in a courtroom.

This sounds very Kafkaesque to those of us used to American-style justice, and it certainly is possible that Monaco is trying to put the fix in, but otherwise-civilized countries seem to use this system without too many claims of injustice.

[maestro]

"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.

BTTT

[Lancey Howard]

Greetings,

Are you aware of any updates on this story?

Regards,
LH

[68-69TonkinGulfYachtClub]

"Are you aware of any updates on this story?"

CLICK HERE for latest info.

[Michael Maher]

Thank you for your continued support TGYC.
To everyone on this thread I hope this never happens to you & if it did I will not be saying bad things about your family.
I really feel bad for Ted's 3 children especially when I hear that they tell Santa Claus they do not want toys, just their dad home, 2 of them are just too young to understand what is going on.
Your ill comments about my brother will only put more spark into the other threads you speak of & will not bring an end to them!
Free-gards,

[Jalapeno]

Are you aware of any updates on this story?

More court documents have been released:

http://www.freerepublic.com/focus/news/730738/posts