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Saturday, November 14, 2009 - 12:10 PM
Tommy Kokoraleis, 23, attempted to block his confession from being
admitted into his trial, but lost. He was convicted in 1984 and was
sentenced to 70 years in prison for his part in Lorraine Borowski's
murder. Andrew Kokoraleis was tried in two separate counties. The
first trial was for the murder of Rose Beck Davis. In his confession,
he had admitted that he had abducted Davis with the other men, forced
her into the van, and had beaten her with a hatchet until she was
dead. The jury deliberated just over three hours before finding him
guilty of rape and murder. They sentenced him to life in prison. At
his second trial, Kokoraleis decided to recant everything he had
confessed (four different times) and to deny that he had killed or
raped anyone. He claimed that the police had coerced each of his
confessions, had made false promises, and had even beaten him into
admitting what they wanted him to say. Prosecutor Brian Telander went
through the interrogations performed by six separate detectives and two
prosecutors, but , Kokoraleis insisted they had told him exactly what
to say. He also indicated that one police officer had told him the
details of the crime scene, giving him all that he needed to confess.
Yet when Detective Warren Wilcosz took the stand to describe his
interrogation, he said that when he had shown Kokoraleis a line of
photos, Kokoraleis had picked out Loraine Borowski and said, "That's
the girl Eddie Spreitzer and I killed in the cemetery."  Thomas Kokoraleis It
came down to a matter of who was more believable. Kokoraleis was
sullen and angry, and his story that eight different officials had all
treated him in the same unethical manner seemed far-fetched, to say the
least. The jury deliberated only three hours, Kelly reports (some
accounts indicate that it was one hour), before returning their
verdict. They found Kokoraleis guilty of the murder of Lorraine
Borowski and sentenced him to death. At his sentencing hearing, he
once again denied the charges, and his attorneys argued later that
despite the verdict, the act did not merit the death penalty. In
addition, a prison chaplain and a counselor testified that Kokoraleis
was non-threatening and could be rehabilitated. In addition,
Kokoraleis agued that he had received ineffectual counsel at
sentencing, and that in the case of the murder of Rose Beck Davis (from
the earlier trial), that offense had not warranted the death penalty
but life in prison. He insisted that the court had not proven his
intent to kill or any degree of premeditation. Nevertheless, the court
saw otherwise, as the panel of judges dismissed the appeals and upheld
the sentence in 1989.So his attorneys tried a different tack. Louis J. Sheehan, Esquire They
argued that Kokoraleis was a killer suffering from schizophrenia, so
that he had not known what he was doing when he committed the murder.
They claimed that the trial lawyers should have entered an insanity
defense, but had not. They had not even had him psychiatrically
evaluated, which was a significant oversight on their part. The
appeals attorneys also argued that when those lawyers had failed to see
the need for an evaluation, the trial judge should have ordered one for
the court. He had not, however. In fact, a prison psychiatrist had
diagnosed Kokoraleis with borderline personality disorder and found him
incompetent to stand trial. (However, psychiatric diagnosis would not
make him incompetent or insane, so it was a weak argument at best.)
They argued that Kokoraleis had been "vulnerable" to a strong influence
and was therefore not entirely responsible for what he had done. When
the district judge queried the trial attorneys about these issues, they
claimed that no pattern of aberrant behavior had made anyone who knew
the defendant suspect a psychiatric disorder. That satisfied the
judge that the pending affidavit was unpersuasive. Yet the appeals
attorneys pointed to Kokoraleis's bizarre behavior as proof of his
aberrant condition. The court considered this and decided that
abnormal behavior does not imply the type of mental impairment required
for a finding of insanity. In a 41-page opinion, the court said that
it found no reversible error and affirmed the sentence again. But that was not the end of the story, for a movement was afoot to overturn all death sentences in the state.
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