Janepsy Carballo
There
is currently a murder investigation going on near a town I used to
live in. I generally do cases here in which have been solved in one
form or another and I truly hope one day I will be able to come here
with that one. But, the case against Janepsy Carballo has made me
think about the new case. In the murder investigation from my old
town there is a real fear that vigilante justice may take over and
they are having a huge issue with innocent people having their names
and pictures spread all over social media due to speculation from
people. There seems to be nearly a mob mentality there and I have
said often I could see the likes of an 1800's lynching in the process
when the perpetrator or perpetrators are caught... I hope I am wrong.
In the case of Janepsy Carballo prosecutors claim that she committed
murder against a man because she believed he had been behind the
killing of her husband just one month earlier and she decided to take
justice into her own hands.
On
April 20, 2008 Orlando Mesa was in a park just outside his North
Miami Florida home holding his twenty month old son when a car pulled
up and shot at him. Orlando was killed and his son was grazed by the
bullets but would survive. Orlando's wife, Janepsy would announce to
the police, family and friends that she believed Orlando's business
partner, Illam Nissim was behind the killing. Exactly one month
later on May 20th Nissim would be found dead in Janepsy's
home with several gunshot wounds to his back.
Janepsy
would claim that Nissim had come to her home forcefully and that she
believed that he was reaching for a gun when she shot him in her
home. Her defense attorney would later attempt to use the “Stand
Your Ground” defense but the court had rejected that argument for
trial. Investigators would claim that not only did the fact that
Nissim was shot in the back indicate that he was turned away from
Janepsy and not going towards her proved she was not in danger, they
would claim they had proof showing that Janepsy had in fact asked
Nissim to come to her home. And yet still it seems it took nearly
two years to arrest her.
When
she finally would make it to trial in late 2014 the prosecution would
argue that Janepsy had asked Nissim to the home on the premises of
bringing her “For Sale” signs for her home but once inside she
had asked him to move some stereo equipment into another room. They
would contend that after this was done Janepsy had opened fire on
Nissim. The biggest piece of evidence they had against her was a
wire tapped conversation made in 2010 with a confidential informant.
In the recording Janepsy would seemingly boast about taking the law
into her own hands and say “When I knew it was going to be hard to
catch him, I was like, I have to do something. An eye for an eye. I
wanted his daughter to grow up without a father, just like my son.”
It
appears that Illam Nissim, who as I said was described as a business
partner of Orlando Mesa's, was being investigated for his murder.
However, it was never made clear if investigators had anything really
pointing to him or if he was simply being looked at because Janepsy
had mentioned his name. It was also unclear just what sort of
business they shared. It was indicated that Orlando was a suspected
drug dealer but I could not find much on that issue. Video
surveillance had shown two men dressed in black, driving a white
Toyota had been the shooters of Orlando. The only other description
of the two indicated they had dreadlocks.
Prosecutors
would elude to the fact that it was “possible” that Janepsy had
been having an ongoing relationship with Nissim prior to her
husband's death. They fell short of saying it was an intimate
relationship as it seems there was little to prove this. However,
their assumption came from multiple phone calls between the two prior
to Orlando's death. A cousin of Orlando's would testify that at his
funeral Janepsy was adamant that Nissim was involved in the killing
and was very angry.
One
could almost have sympathy for Janepsy if she truly did believe that
Nissim was behind the death of her husband. However, first, taking
another life is not justice and secondly she hardly gave the
investigators much time to make that connection. I realize that we
live in a 24/7 world in which people believe that cases are solved
much like the crime dramas on television show us, but that is not
reality. To kill Nissim only one month after the death of her
husband could have quite possibly caused her husband's murder to
never be solved. On top of this if her revenge truly was about his
daughter's father the sympathy has to have a line. To add to this
not only was her son's father taken but now his mother is too.
It
took the jury about sixteen hours to deliberate. A few hours before
their ultimate verdict they had indicated that they were deadlocked
at 11-1. Eleven wanted 1st degree murder while the hold
out was voting for 2nd degree. They would return two
hours after the judge asked them to try longer with a verdict of 1st
degree murder. The sentence was a mandatory life sentence.
The
only record of appeal that I have found was for 2015 when the defense
asked for and was denied a new trial.
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