Clara Schwartz, who was a sophomore at James Madison University at the time of the murder, was charged with the crime on February 2, 2002. The pair were drawn together by a shared fascination with witchcraft and the occult, and Hulbert, who fancied himself a warrior, quickly dubbed himself Clara Schwartzs protector, prosecutors said. DOC Number: 1130725 "Beyond reasonable doubt," he said, "we've achieved justice. Patrick claims that Clara asked him to kill Old Guy, and he initially mistook it for a gaming request. Clara was a Top 10 name in the 1880's, at one time associated with the silent screen 'It Girl,' Clara Bow, and before that with German musician and composer Clara Schumann and Red Cross founder Clara Barton, who was born Clarissa. [2], Robert Schwartz was a nationally renowned scientist in the field of biometrics and DNA research. We disagree. At the conclusion of the evidence, the trial court gave, without objection by the Commonwealth, a finding instruction that informed the jury that, to prove the murder charge lodged against appellant in count one of the indictment, the Commonwealth had to prove, inter alia, that appellant acted as an accessory before the fact or conspired with Hulbert in the commission of the killing.8 The same instruction effectively incorporated by reference the definition of an accessory before the fact set forth in another instruction and the elements of conspiracy-to-commit-murder contained in the finding instruction subsequently given by the court for the conspiracy charge lodged against appellant in count two of the indictment. On March 29, 2002, the grand jury returned a four-count indictment charging appellant with murder, conspiracy to commit a felony, and two counts of solicitation to commit a felony. Possession or use of a sawed-off shotgun or sawed-off rifle in the perpetration or attempted perpetration of a crime of violence is a Class 2 felony.B. The crime is not defined by the penalty. 37 Va.App. Conversely, to be convicted as an accessory before the fact, one must incite[ ], advise [ ], or abet[ ] others in the commission of the crime without being present at the commission of the offense. Tolley v. Commonwealth, 216 Va. 341, 348, 218 S.E.2d 550, 555 (1975). The crime was orchestrated by his 20 year-old daughter, Clara Jane Schwartz, as part of a fantasy role-playing game. The murder of Robert Schwartz occurred on December 8, 2001 in Leesburg, Virginia. Click image or button bellow to READ or DOWNLOAD FREE Everything Bad is Good for You: How Today's Popular Culture is Actually Making Us Smar. The Christopher Hoefling Murder -The 2017 murder of Christopher Hoefling in Evansville, Indiana is the topic of theInvestigation Discoverydocumentary series"The Murder Tapes" Season 7 Episode Lauren Harpe From Survivor 44 -Since its debut in 2000, 'Survivor' has become one of the most popular television programs ever. Defendants Clara Jane Schwartz, 20 - convicted; sentenced to 48 years in prison Katherine Inglis, 19 - convicted; sentenced to 1 year for conspiracy Kyle Hulbert, 18 - pled guilty; sentenced to life in prison Michael Pfohl, 21 - pled guilty; sentenced to 20 years in prison INMATE INFORMATION Offender Name: Schwartz, Clara Jane DOC Number: 1130725 Appellant then gave Hulbert general directions to her father's house, which was located in a rural area of Loudoun County. The case made national headlines due to Schwartz's prominence in the scientific community and for claims that his murder was . When appellant's father answered the door, Hulbert entered the house and killed him, stabbing him over thirty times with the sword. By Rachel Paula Abrahamson. The murder of Robert Schwartz occurred on December 8, 2001 in Leesburg, Virginia. The defence contended that Kyle was not expected to take Claras statements literally because they were part of the game during Claras trial in October 2002. Clara was convicted of first-degree murder for orchestrating her father's murder. They disagree, however, as to whether Dr. Deem's conclusions concerning Hulbert's mental state at the time of the offense, Dr. Deem's notes of his interviews with third parties that he conducted in the course of his evaluation of Hulbert's mental condition, and the Loudoun County Mental Health Center's treatment notes are similarly protected. Exclusive excerpt: Open Heart, Open Mind! Kyle Hulbert pleaded guilty to first degree murder. Both the United States and Virginia Constitutions recognize that a criminal defendant enjoys the right to be advised of the cause and nature of the accusation lodged against [her].2 Simpson v. Commonwealth, 221 Va. 109, 114, 267 S.E.2d 134, 138 (1980). VI. It is clear that conspiracy to commit murder and the substantive offense of murder are discrete crimes to which Wharton's Rule does not ordinarily apply to bar the imposition of cumulative sentences. at 272, 343 S.E.2d at 470 (holding that, under Wharton's Rule, the defendant's convictions of forgery and uttering as a principal in the second degree did not preclude her conviction of conspiracy to commit uttering); Boyd, 236 Va. at 351, 374 S.E.2d at 303 (permitting the conviction of both the completed substantive offense and the underlying conspiracy if the convictions occur at the same trial). 718, 719 (1914)). With respect to count two, appellant sought to have the Commonwealth identify the person(s), if any, referenced by the phrase et. Inmate Number: 321975 at 352, 381 S.E.2d at 513. Speaking of which: One way in which you can support us at no additional cost to you is by shopping at Amazon.com. Clara was convicted of first-degree murder in her father's death. Judge Thomas Horne scheduled sentencing for Jan. 21. Three days after the murder, then-19 year-old Katherine Inglis made statements to the police implicating Schwartz's daughter Clara in his murder. Clara first said she thought Kyle was kidding when he mentioned killing Robert during questioning. 2254 is DENIED. at 255, 524 S.E.2d at 863. Appellant first submits that she could not properly be convicted of or punished for a homicide offense greater than voluntary manslaughter because count one of the indictment failed to allege malice, a necessary element of the crime of murder. It looks like you're using Internet Explorer 11 or older. On the evening of December 8, 2001, Inglis and Pfohl dropped Hulbert off near appellant's father's property. 1. After the weekend, appellant and Hulbert began to exchange instant messages and speak by telephone almost daily. 350, 381 S.E.2d 512 (1989), that, in order to convict a defendant under a statute that contains multiple offenses carrying different punishments, the indictment must contain an assertion of the facts essential to the punishment sought to be imposed, appellant further argues that, because count two identified no specific felony as the object of the charged conspiracy and alleged no fact authorizing any but the minimum punishment set forth in the Code 18.2-22(a), the indictment could only support conviction for the least serious offense contemplated by the statute, since she cannot be expected to have assumed that [she] was charged with [a greater offense] unless it was expressly charged in the indictment. Hall, 8 Va.App. Specifically, count one of the indictment alleged that, [o]n or about the 8th day of December, 2001, in the County of Loudoun [appellant] did feloniously, willfully and deliberately, and with premeditation, kill and murder [her father] in violation of [Code ] 18.2-32. Count two alleged that, during the period from on or about November 2001 to on or about December 2001, [appellant] did feloniously and unlawfully conspire, confederate or combine with Kyle Hulbert, et. Clara Schwartz was the first of the four co-defendants to go on trial in October 2002. Appellant further informed Hulbert that House also wanted to kill her father and that, if Hulbert did it, he should ensure it could not be traced back to her. As in this case, the appellant in Walshaw challenged the indictment as not setting forth with sufficient particularity the elements necessary to convict and punish him on the charge of first-degree murder. He stated that Clara became increasingly frustrated because he was not carrying out her wishes, and later found a willing participant in Hulbert. See, e.g., Simpson v. Commonwealth, 221 Va. 109, 115, 267 S.E.2d 134, 139 (1980); Barber v. Commonwealth, 206 Va. 241, 246-47, 142 S.E.2d 484, 489 (1965). Find your ancestry info and recent death notices for relatives and friends. All rights reserved. For purposes of this analysis, we will assume, without deciding, that the finding instruction for first-degree murder given in this case constitutes the law of the case and, thus, sets forth the elements of the charged offense of murder, as appellant claims. The next day, Hulbert went to the house to see appellant. Code 18.2-300 provides as follows:A. 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Clara also gave Patrick her journal entries in which she discussed Roberts alleged abuse and efforts to poison her, according to Patrick. 665, 667, 353 S.E.2d 166, 167-68 (1987). Hulbert was arrested the following day. Our Supreme Court has described the attorney-client privilege as follows: Confidential communications between attorney and client made because of that relationship and concerning the subject matter of the attorney's employment are privileged from disclosure, even for the purpose of administering justice. The privilege attaches to communications of the client made to the attorney's agents when such agent's services are indispensable to the attorney's effective representation of the client. Spiky TV's senior news writer is Stephan Gibbs. 3. Clara Schwartz is serving a 48-year prison sentence for orchestrating her father's death, and another friend, Michael Pfohl, 22, is serving an 18-year sentence for second-degree murder. We also consider as incorporated by reference the statutes cited in the indictment. at 272, 343 S.E.2d at 470 (Proof of the commission of a felony is not a necessary element of the crime of conspiracy to commit a felony). Appellant claims that those conclusions and documents are not protected and that the trial court erred in denying her access to them. UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. On Thanksgiving weekend, appellant arranged for Hulbert to camp clandestinely in the woods near her father's house. 265, 271-72, 343 S.E.2d 465, 470 (1986) (In order to find a person guilty as an accessory to a felony, the Commonwealth must prove the commission of the felony.). Thus, our decision in that case, which was issued during the pendency of this appeal, controls the disposition of the present issue. In closing arguments, prosecutors said Schwartz knew about Hulbert's plan and helped him carry it out -- They had said she had sent him a $60 check through overnight delivery and told him to buy buy gloves and a "do-rag" so he wouldn't leave behind hair or fingerprints as evidence. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Appellant further argues in her brief, as an aside, that the trial court's denial of her request to allow a proffer for the record of Dr. Deem's specific answers to her questions constitutes an independent ground for reversal. The crime was orchestrated by his 20-year-old daughter, Clara Jane Schwartz, as part of a fantasy role-playing game. 2254. Moreover, the interpretation urged by appellant would lead to an absurdity, since it would permit the tolling of Code 19.2-243's strictures as long as a witness suffered from an illness or disease that prevented him or her from appearing at trial but require resumption of the running of the limitation period if the witness has surgery to treat the illness or disease, no matter how debilitating the surgery's effect. On appeal, appellant acknowledges the general principle that a conspiracy to commit a crime and the substantive crime that is the object of the conspiracy are separate and distinct offenses and conviction and punishment may be had for each offense. The Loudoun County Circuit Court jury recommended that Clara Schwartz, 20, spend 48 years in prison. Appellant was the youngest child of the victim, Dr. Robert Schwartz. Pfohl, of Haymarket, pleaded guilty to second-degree murder and is scheduled to be sentenced in April. After five days of testimony, the jurors deliberated about four hours before finding her guilty of first-degree murder, conspiracy to commit murder and two counts of solicitation to commit murder. Under the rule, [w]hen to the idea of an offense plurality of agents is logically necessary, conspiracy [to commit that offense] cannot be maintained. Stewart v. Commonwealth, 225 Va. 473, 478, 303 S.E.2d 877, 879 (1983) (holding that Wharton's Rule applies to the crime of pandering) (quoting 2 F. Wharton, Criminal Law 1604, at 1862 (12th ed.1932)). -In the 1991 film "Boyz N the Hood," actor Lloyd Avery made his acting debut as a member of Robert Schwartz Murder Case Where is Clara Schwartz Now? Clara and her pals were questioned by the authorities after they learned of Roberts terrible murder. 748, 754, 561 S.E.2d 56, 59 (2002) (examining, in consideration of a similar issue, Code 18.2-308.2); see Code 18.2-22. The next day, when Inna felt well enough to communicate with police, she told them her name and asked to speak with her attorney. Fatal Encounters: Fatal Fantasy In deleting the modifier, after the fact, the General Assembly indicated its intention to eliminate accessories after the fact from the application of Code 19.2-286. His body was discovered two days later. In response, the Commonwealth identified Hulbert and House as the recipients of the respective solicitations in counts three and four and identified murder and conspiracy to commit murder as the object felonies of both of those counts. His body was discovered two days later. See Ramsey v. Commonwealth, 2 Va.App. Manage all your favorite fandoms in one place! 35, 37-38, 77 L.Ed. United States Court of Appeals for the Fourth Circuit, "Fantasy, reality collide at murder trial", "4 Murder Suspects United by Occult; Loudoun Stabbing Endorsed by Fantasy Creatures, Teen Tells Police", "Daughter of slain scientist charged with his murder", "Woman to go on trial in father's murder", "UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. Clara Jane Schwartz (appellant) was convicted in a jury trial of murder in violation of Code 18.2-32, conspiracy to commit murder in violation of Code 18.2-22, and two counts of solicitation to commit murder in violation of Code 18.2-29. Kyle Hulbert was sentenced to life in prison. Plainly, it is possible to incite, advise, or abet in the commission of a crime without at the same time having agreed to commit such crime. In accordance with familiar principles of appellate review, [w]e consider those facts in the light most favorable to the Commonwealth, the party that prevailed below. at 1287; see Ramsey, 2 Va.App. [1] On February 10, 2003, she was sentenced to serve 48 years in prison. According to the confession, Clara Schwartz was at James Madison University the night of Dec. 8 when Hulbert, 18, and two other friends -- Katherine Inglis, 19, and Michael Pfohl, 21 -- went to Robert Schwartz's isolated Loudoun County farmhouse. [C]onspiracy to commit murder requires proof of an agreement. Stevens v. Commonwealth, 14 Va.App. How do we create a person's profile? Appellant also moved to have the conspiracy conviction set aside and the charge dismissed (1) on double jeopardy grounds because, as submitted to the jury, count two was a lesser-included offense of count one and (2) for violation of Wharton's Rule. My Dictionary of Symbols (Paladin, 1982) advised me only that butterflies signify transformation, which is apt for a book set during India's 1947 Partition, but not quite adequate to explain the title. During the brief visit, he met appellant's father and older sister and showed them a sword he had with him. The crime was orchestrated by his 20 year-old daughter, Clara Jane Schwartz, as part of a fantasy role-playing game. Find links to their bio, social media links and stories. 2221, 2226-27, 53 L.Ed.2d 187 (1977) (holding that the greater offense is by definition the same for purposes of double jeopardy as any lesser offense included in it). We encourage you to . The prosecutors argued that "Clara Schwartz wanted her father dead; she had hated her father for a long time", and that after failing to enlist her friend Patrick House to kill her father, Clara became desperate to have her father murdered. Gender: Male We find no merit in appellant's argument. 192, 198, 497 S.E.2d 908, 910 (1998). In the present context, the plain meaning of the term sickness includes the condition of being ill, a disordered, weakened or unsound condition, and a form of disease. Webster's Third New International Dictionary 2111 (1993). Rather than setting out three distinct offenses, Code 18.2-22(a) defines only a single offense-conspiracy to commit a felony. We must determine the General Assembly's intent from the words appearing in the statute, unless a literal construction of the statute would yield an absurd result. The Perfect Murder: The Devil Made Me Do It Possession or use of a sawed-off shotgun or sawed-off rifle for any other purpose, except as permitted by this article and official use by those persons permitted possession by 18.2-303, is a Class 4 felony. The Commonwealth asserts they are so protected. That offense, consisting of the proscribed conduct [and] the attendant elements, is clearly defined in the initial sentence of the statute. Thomas v. Commonwealth, 37 Va.App. Quick Facts Personal Life and Family Father's name is Not Available. We collect and match historical records that Ancestry users have contributed to their family trees to create each person's profile. Code 19.2-243. The absence of the word[ ] malice in the indictment did not render it defective to charge first-degree murder. Ultimately, she persuaded one of them Kyle Hulbert to do it, according to testimony. CrimeLibrary: Clara Schwartz: A Deadly Game It is clear that, in providing in Code 19.2-169.5(D) that the evaluation results, although not communications by the client to counsel's agent, are to be protected under the attorney-client privilege, the legislature recognizes that the services of the mental health experts appointed pursuant to Code 19.2-169.5(A) are indispensable to defense counsel's effective representation of the client. True honor upon their souls. That the killing was willful, deliberate and premeditated; and. In Dalton, the Supreme Court of Virginia held that the United States and Virginia Constitutions, as well as Code 19.2-220, bar a defendant's conviction for accessory after the fact on an indictment as a principal Likewise, the same constitutional authorities bar the Commonwealth from convicting appellant on an accessory [before the fact] or co-conspirator theory on an indictment as a principal. He succeeded to do so, thus becoming the 11th member of the Strongest Eleven In History. The defective indictment, he contended, denied him adequate notice of the charge against him as required by the United States Constitution and Apprendi. Id. Hulbert, of Millersville, who is awaiting trial on a murder charge, later told police that he went inside alone, confronted Schwartz about the alleged abuse and slashed and stabbed him with a sword, according to court documents. Appellant told him to wait, saying they would talk more about it in person. Jesse Schwartz, 25, said he thinks of his fathers death and his sisters role every day. 1284, 1294 n. 17, 43 L.Ed.2d 616 (1975))). At the time McCartney was engaged to the actress Jane Asher, who broke off the engagement after she found them in bed together. He was sentenced to 18 years. She called Clara Schwartz's talk of death "the rantings of an adolescent who is frustrated with school, frustrated with her father.". The test to be applied to determine whether the consecutive sentences are for the same or a lesser-included offense is whether each [charged offense] requires proof of a fact which the other does not. Coleman, 261 Va. at 200, 539 S.E.2d at 734 (emphasis added) (alteration in original) (quoting Blockburger, 284 U.S. at 304, 52 S.Ct. Patrick also testified that Clara spoke of how much money she stood to inherit if Schwartz died, and her concerns that he would cut her out of his will. See Charlton v. Commonwealth, 32 Va.App. Since count two failed to identify the object felony, she was not, she argues, properly notified of the conspiracy-to-commit-murder charge. The court directed Loudoun County Mental Health Center to perform a mental evaluation to determine Hulbert's sanity at the time of the offense, pursuant to Code 19.2-169.5, and to assist Hulbert's counsel in his criminal defense, including providing treatment to Hulbert if necessary. On September 17, 2002, appellant requested the issuance of a subpoena duces tecum to Dr. Deem for production of certain documents relied upon by Loudoun County Mental Health Center in the formation of opinions or reports regarding the mental health of Kyle Hulbert. Specifically, appellant sought the notes prepared by Dr. Deem of his interviews with third parties regarding Hulbert's mental health, [d]ocuments prepared by third parties subsequent to December 8, 2001, and forwarded to Dr. Deem to assist in his evaluation, and Loudoun County Mental Health Center's treatment notes concerning Hulbert. When appellant called Dr. Deem to testify regarding Hulbert's mental state, Hulbert's attorney objected to the admission of such testimony on the ground that Dr. Deem was his agent and Dr. Deem's testimony regarding Hulbert's mental state was protected by the attorney-client privilege. Code 19.2-243 constitutes Virginia's statutory embodiment of the constitutional right to a speedy trial. Clark v. Commonwealth, 4 Va.App. 148, 152-53, 502 S.E.2d 704, 706 (1998) (Strict adherence to the statutory time requirement is tempered by the provisions setting forth specific circumstances excusing the Commonwealth's failure to bring an accused to trial within the prescribed time.). While Patrick never carried out the plan, she quickly found Kyle Hulbert, a guy with a history of mental instability, to assist her. Wikipedia: Snapped Episode Guide See More: Angila Wilder Murder Case - Who Killed Her? The conspiracy offense does not. Three charged in scientists occult slaying Spiky TV's senior news writer is Stephan Gibbs. For instance, as an Amazon Associate, Religion News Blog earns from qualifying purchases. al [sic] to commit a felony within this Commonwealth, in violation of [Code ] 18.2-22. 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