James Filiaggi
This
is one of the classic cases that helped, or harmed, the idea of
domestic violence reform. By the mid-1980's domestic violence was
being taken a little more serious, or at least on the surface, and
for many in law enforcement and government, that is what counts it
seems. If a man stalked or even beat his wife or girlfriend say in
the 1960's there were many who believed she “must have done
something to deserve” it. By the 1980's women were being taken a
little more seriously and were able to get things like restraining
orders and in some case even get their abuser put in prison. That
was the case in Indiana. Lisa Bianco was able to get some action
done against her ex-husband, Alan Matheney. And then one day in 1989
he was given a day pass from prison without any supervision. Lisa had
no idea that this had happened. Alan made his way to his ex-wife's
home and her neighbors watched helplessly in horror as he chased her
down the street and beat her to death in front of their eyes.
Indiana immediately stopped allowing prisoners day passes. But that
was in Indiana. Not Ohio, I am sure that when the Matheney case was
revealed those in other states across the country thumbed their nose
at how stupid Indiana had been in allowing Matheney out, even for a
day. That could not happen to them. And while every case is
different, sometimes they are more similar than they would like to
admit.
Indiana
would execute Alan Matheney in 2005. Ohio would have their own,
similar version of the Alan Matheney case in James Filiaggi. And,
sadly it would happen some five years after Lisa Bianco was murdered.
Women advocate groups often discuss both of these case because the
women did everything right. They did everything the law required of
them to keep them and their children safe and yet none of it worked.
They are both used for other reasons too. Of course the Matheney
case is used because of the flaw that allowed him to be released,
even for a day, without informing Lisa. In the Filiaggi case they
point out that domestic violence comes in all shapes and colors.
James
Filiaggi was not one of those people who were down on their luck or
someone could look at their history and just know they were not going
anywhere in life. No, James Filiaggi was a college graduate who
never seemed to give anyone, much less law enforcement, any problems.
But, as we all know, there are those that show one person to
everyone outside and another behind closed doors.
James
Filiaggi and Lisa Huff were married in December of 1991 in Lorain
Ohio. Nine months later, in August of 1992 Lisa filed for divorce. I
found nothing specific about why this happened or if there was any
abuse alleged prior to the filing of the divorce. By then the couple
had two daughters. Their divorce would officially become final in
March of 1993. Soon after Lisa and the girls would move in with her
boyfriend, Eric Beiswenger. Now, James Filiaggi would also at some
point at least have a girlfriend that he apparently lived with but
that did not seemingly stop him from harassing both Lisa and Eric.
In the fall of 1993 Lisa and Eric would become engaged and were
planning a wedding for September of 1994.
While
it seems that James had always been a bit intimidating throughout at
least the divorce and what not, things got worse when Lisa and Eric
became engaged. They began getting harassing telephone calls and
were experiencing vandalism. It seemed a bit unclear if in the
beginning they could prove that it was James doing these things or if
they suspected it without any proof. There seemed to be an
indication that Lisa had been able to get a restraining order against
him, but again she had to have proof that he had violated it.
Exchanging the children at visitation also increasing became more
difficult.
On
December 19, 1993 Lisa and Eric went to pick the girls up after a
visitation with James at his mother's home. After placing one of the
children in the back seat of their car James began an argument with
Lisa. He then placed his hands around her neck and began choking
her. Eric jumped in to stop him and the two men began fighting. The
fight continued until James' mother came outside and pulled him away.
Eric was left with several broken bones in his face. James was
arrested and charged with felony assault. James was not seemingly in
jail long as he got out on bond awaiting court and/or trial for his
charges.
At
some point Lisa and Eric installed surveillance cameras onto their
home. They needed proof to the things that were happening to them.
On January 20, 1994 those cameras caught James attempting to break
into a window of their home. Lisa called the police but by the time
the police arrived James was gone. Although they did not find to
arrest him they did apparently put out a warrant for him on charges
of intimidation and vandalism. Two days later James was able to buy
a 9 mm handgun. On the night of January 24th,
while his daughters were sleeping and apparently Eric was away from
home, James returned to her home. He had taken a $1,000 advance out
on his Visa and had left several hundred dollars with his girlfriend
before heading there. Lisa attempted to make a 911 call as he came
“busting” in the back door. She ran out the front and to a
neighbors house. There was no answer so she ran to the next home.
The neighbor let her in and she hid in a closet. James followed her
and like had at her home he busted into the door. He asked the
neighbor where she was and he would not tell but James did not care.
He told the man to go hide himself. He then found Lisa in the closet
where he first shot her in the shoulder. She ran to another room.
It was there that James caught up with her and as he shot her in the
head the neighbor heard him say “This will teach you to fuck with
me.”
The
police were on it but once again, by the time they got to the scene
James was gone. He had headed over to Lisa's stepfather's home where
he attempted to shoot him but left again. He made his way some three
hours away to Athens Ohio where he stayed overnight with some
friends. The next day the friends found out that James was wanted
for murder as what always seemed to be the case, he was gone before
law enforcement arrived. James then made his way to ski resorts in
Pennsylvania and New York. At one of the resorts he used his credit
card to buy flowers for his girlfriend who was still in Ohio. Police
were on his trail. But, then again they had always been on his
“trail.” They just were not catching him. This time was no
different. By the time they got to where he had been he was gone.
The only difference this time is that he headed back to Ohio and
turned himself in.
Prosecutors
would charge James with aggravated murder. Whether his motive had
been simple revenge or in anger, the fact of the matter was that Lisa
was likely to be a witness in the case against him from December. On
August 10, 1995 he was sentenced to death. The defense would blame
his behavior on what they called “an untreated chemical imbalance
in his brain” but it appears there was little to nothing to back
this claim. Throughout his trial he was given a stun belt that
apparently had to be used at least once it seems as his lawyers
attempted to have a new trial saying that the shock belt had left him
mumbling at some point through the trial and he was unable to help in
his defense. The claim was rejected. In fact one of the judges
throughout his process would rule that James was faking mental
illness throughout the trial.
By
2006 James had decided to waive all of his remaining appeals. That
is until about a week before his execution but then he changed his
mind again. In the end he would say that while he had changed his
opinion while in prison when it came to the death penalty, believing
it should no longer be used, he did find it appropriate for him.
There had been a clemency hearing by the parole board to consider
commuting his sentence to life but even his lawyers got up at the
hearing and basically had nothing to say. On April 24, 2007, after
seventeen years on death row, the state of Ohio executed James
Filiaggi. Lisa's mother, cousin and fiance were there to witness the
execution.
James'
younger brother Anthony had taken James and Lisa's children in to
raise. It seems he was in a rather bad spot himself. It appears the
girls, one of which who had written a letter to the courts (or was it
media?) expressed her desire to see her father put to death. Neither
his brother, nor his daughters attended the execution.
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