Yesterday David Caruso's stalker Heidemarie Schnitzer appeared in court and was convicted of threatening to murder David Caruso, Greta Caruso and Liza Marquez. Preliminary accounts reported Schnitzer would go to prison for seven months followed by another incarceration in a mental institution. There were also reports Schnitzer would appeal the verdict but The Stalker Chronicles does not have knowledge of any trial court errors subject to reversal on appeal. This was a pretty cut and dry case against Caruso's stalker with Schnitzer confessing at one point to authoring her now infamous death threat letter.
Crime blogger Marcus J. Oswald elaborated on yesterday's sentence on his blog. Barring a successful appeal, Schnitzer will first be housed in a regular prison followed by a one year observation period in a mental facility. There is also the possibility at some point Schnitzer could be fitted with an ankle monitoring device. Once she has completed the observation period, there will be another hearing. It is expected that Schnitzer will be released on or about January 2011.
Following yesterday's conviction, Schnitzer and her attorney had several options to consider: (a) accept the verdict and sentence, (b) appeal the verdict and sentence (c) appeal the sentence only or (d) request three days to consider their options. Schnitzer and her attorney asked for three days to mull over their choices. In the meantime, Schnitzer and her attorney will "consider" the ramifications of yesterday's sentence and decide whether or not to appeal. If Schnitzer files an appeal, the prosecutor will also appeal as well. In the event Schnitzer loses her appeal, she could find herself subject to an even stiffer penalty.
Given the fact that Schnitzer could have faced three years incarceration, the prosecution's offer on the table is looking pretty good at this point and should be given serious consideration. Being released in January 2011 sure looks better than April 2012. If Schnitzer appeals and loses, she could find herself serving out the maximum sentence of three years.