Wednesday, January 19, 2011
Lisa Coryell
STAFF WRITER
TRENTON -- A woman facing 30 years to life in the 2007 death of her live-in boyfriend yesterday rejected a plea deal that would have allowed her to serve seven years behind bars.
Ivelis Turell, 31, the mother of two young children, will stand trial for the murder of 35-year-old Michael Whitaker, who was shot to death in the couple's Ferry Street home.
Yesterday, Turell's attorney, Vladimir Tyschenko, said his client was a battered and abused woman who killed Whitaker in self-defense.
"Unfortunately, the course of conduct by the so-called victim resulted in his tragic death," Tyschenko said. "The loss of any life is tragic, but in this case we have an abused woman who took steps to defend herself and it led to the death of Mr. Whitaker."
Turell, whose children are 10 and 6, is accused of killing Whitaker during a domestic dispute that occurred shortly before 11 p.m. on April 30, 2007.
Whitaker was shot in the chest and died in the hospital hours later. Turell suffered a gunshot wound to her left shoulder during the dispute. She survived after undergoing surgery.
Free on $250,000 bond, Turell appeared at a status conference before Superior Court Judge Pedro Jimenez. Her attorney has petitioned the court to have her alleged confession to police barred from being used against her at trial.
Assistant Prosecutor Skylar Weissman said Turell confessed to police that she killed Whitaker.
"It was a voluntary statement that was given," Weissman said. "We have police witnesses that will testify that she killed him. She gave a statement to police that she did shoot him."
Tyschenko said police questioned Turell while she was heavily medicated in preparation for surgery after the shooting.
"The drugs she was administered are known to cause amnesia and memory loss," he said.
Tyschenko said Turell should never have been charged with Whitaker's death.
"Both my client and the so-called victim ended up being shot by the so-called victim's gun," he said. "How the state decided to prosecute this as murder is beyond comprehension."
Turell was indicted on murder and weapons charges in 2007. In 2008, Superior Court Judge Thomas Kelly dismissed the indictment after Turell's attorney filed a motion claiming a grand jury that had returned the indictment should have been offered the chance to indict her on lesser charges of aggravated manslaughter and manslaughter.
In February 2009, the case was again presented to a grand jury, and Turell was again indicted on murder and weapons charges.
A hearing to decide whether Turell's statement to police will be allowed in the trial will be held Jan. 31.
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