Friday, June 3, 2011

Fresno, CA: Woman pleads not guilty in stabbing of boyfriend

A 35-year-old woman who stabbed her boyfriend to death inside the couple's northwest Fresno home acted in self-defense, her lawyer said.

Rebecca Kerr pleaded not guilty Thursday in Fresno County Superior Court to a charge of murder in the death of Michael Grimaldo, 32. If convicted, she faces 15 years to life in prison.

A shackled Kerr cried when she saw family members in the courtroom. Grimaldo's family also attended the hearing.

The couple lived in the 5200 block of West Magill Avenue near Polk and Herndon avenues. Police say Kerr stabbed Grimaldo during an argument Sunday. He died the next day at Community Regional Medical Center.

Attorney Glenn LoStracco, who is defending Kerr, said his client killed Grimaldo because he attacked her.


In sizing up the fight, LoStracco said, Grimaldo – listed in court records as 5 feet 11 inches tall and 215 pounds – was bigger and stronger than Kerr, who is listed in jail records as 5 feet tall and 130 pounds.

"I don't think a woman has to take a beating from a man," LoStracco said. "She did what she had to do to stop the attack."

Kerr was in bed when Grimaldo allegedly grabbed her and began hitting her, LoStracco said. He also allegedly pushed her down a flight of stairs and cornered her in the kitchen. Kerr then grabbed a kitchen knife and stabbed him once in the chest to stop the attack, LoStracco said.

Prosecutor Jeff Dupras declined to comment on LoStracco's comments.

Kerr's next hearing is June 8, when LoStracco will ask a judge to reduce his client's $1 million bail.

According to LoStracco, Kerr has no criminal record, has strong family ties in Fresno, and was working as a waitress at Yukon Jack's restaurant.

Grimaldo, however, had a long criminal history, including arrests for domestic violence, drug possession and assault with a deadly weapon, according to court records.

In 2006, he was sentenced to two years in prison on an assault charge, the records show. As recently as October he pleaded no contest to a charge of battery causing serious injury and served 164 days in jail.

LoStracco said Kerr and Grimaldo had been living together for two or three years. He said Kerr's teenage son and teenage daughter were home when the attack occurred.

According to LoStracco, Kerr and Grimaldo were at a family gathering at Grimaldo's family home when they began to argue. He was upset that she was talking on a cellphone, LoStracco said.

Kerr then went home without him. Sometime later, someone gave Grimaldo a ride home.

Once the altercation erupted, Kerr's son called 911, LoStracco said. Kerr also called 911 after she stabbed Grimaldo, the lawyer said.

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