Marin, CA: Mitchell brothers relative to stand trial in Marin bludgeoning death of ex-girlfriend

By Gary Klien
Marin Independent Journal
Posted: 11/19/2009 07:24:36 PM PST
Updated: 11/19/2009 07:24:36 PM PST

MARIN — A Pittsburg man charged with killing his ex-girlfriend with a bat and kidnapping their baby in Novato has been ordered to stand trial on all charges after two days of chilling testimony.
James Raphael Whitty Mitchell, a member of the Mitchell pornography family, appeared in court this week for his preliminary hearing, which included grisly evidence of Danielle Keller's slaying, pictures of the blood-splattered infant, unfavorable testimony from Mitchell's mother and the audiotape of desperate 911 calls from Keller's landlady.
"Please help!" said the residence owner, Bessie Tzafopoulos.
Dispatcher: "Where are you?"
Tzafopoulos: "3 Diablo Court."
Dispatcher: "Do you need medical or police?"
Tzafopoulos: "Medical and police! This man came and kidnaps his little baby, and, uh, I think he killed his wife. He hit her in the head so many times."
Mitchell, 27, is charged with murder, domestic violence, kidnapping, child abduction and child endangerment. He could be sentenced to life in prison if convicted.
Keller, 29, was killed on July 12 during the first birthday party for her daughter, Samantha. Mitchell, the baby's father, had a history of domestic violence and two court orders barred him from contact with Keller.
Authorities say Mitchell stormed the residence, struck Keller with a bat and continued clubbing her head while she was face down in the yard. Police said he scooped the bloodied infant
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under his arm and drove away.
Mitchell was arrested in Citrus Heights that night and the baby was unharmed in the vehicle.
After Keller was killed, Mitchell told his mother that he "didn't know his own strength," said prosecutor Leon Kousharian. Mitchell's mother, Mary Jane Grimm of Benicia, testified about her son's comments this week.
Novato police investigators obtained phone records showing 19 phone calls from Mitchell's cell phone to Keller's on the day of the crime, according to court testimony Thursday. Cellular tower data showed Mitchell's cell phone moving west across Contra Costa County, down to Richmond and into Marin County.
Twelve calls were placed from 6:10 to 6:42 p.m., when Mitchell's phone reached San Rafael. Eleven minutes later, Bessie Tzafopoulos called 911 to report the homicide.
Prosecutors say the phone records leading up to the homicide show Mitchell acted with premeditation, a necessary element for a murder conviction.
"Clearly, the defendant was the one who killed Danielle Keller with malice aforethought," Kousharian said. "Her skull was crushed by the defendant."
The preliminary hearing was held Monday and Thursday to allow Judge Kelly Simmons to decide whether there was sufficient evidence to justify a trial.
Mitchell's lead defense attorney, Terence Hallinan, argued that the prosecution had failed to prove premeditation, suggesting the trial should be a manslaughter case instead.
"Certainly with all the evidence in the case, a heat of passion took place," said Hallinan, a former San Francisco district attorney.
Simmons ordered Mitchell to stand trial on all the charges.
Mitchell was scheduled to return to court Dec. 4 to set a trial date. He is being held without bail.
Deputy District Attorney Charles Cacciatore said a trial could be held in March or April.
Claudia Stevens, Keller's mother, sat through both days of graphic testimony and 911 recordings during the preliminary hearing, which ended Thursday afternoon.
"The truth came out," said Stevens, a former Highway Patrol officer. "I was prepared for it. I was there for my daughter."
Erica Menezes, 25, a close friend of Keller's, traveled from her Los Angeles home to attend the hearing.
"We're all still dealing with it," Menezes, 25. "Especially because she was just getting her life back together. She finally got to the point where she said she didn't need James anymore."
Mitchell is the son of the late porn impresario Jim Mitchell and the nephew of Artie Mitchell, his father's business partner. In 1991, Jim Mitchell shot his brother to death in Corte Madera and was sentenced to six years in prison for manslaughter.