Crime Fix with Angenette Levy - PhD Candidate Accused of Murdering Baby Could Face Death Penalty: DA

Starting point is 00:00:00 Wondery Plus subscribers can binge all episodes of this law and crimes series ad-free right now. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. Hi there, my name is Nicole Verzi. That was PhD candidate Nicole Verzi in a video describing her research. She's now in jail, accused of murdering a baby boy on Father's Day, and prosecutors say they are going to pursue the death penalty against her. She is devastated, knowing that her friend's child is deceased and is trying her best to stay positive. You'll hear more from Nicole Verzi's lawyer, and I'll outline the reasons why the Commonwealth says it will pursue the death penalty.

Starting point is 00:00:48 Welcome to Crime Fix. I'm Anjanette Levy. I first told you about Nicole Verzi back in June. She was a Ph.D. candidate in psychology, and she was studying at San Diego State University. She's the daughter of a prominent New York City cardiologist. She has everything going for her. In June, she was charged with murdering a baby of a prominent New York City cardiologist. She has everything going for her. In June, she was charged with murdering a baby of a couple she called her friends. She's also accused of injuring that baby boy's twin brother.

Starting point is 00:01:18 Verzi is charged with killing Leon Katz. He and his twin brother were six and a half weeks old at the time. Police say Leon died on Father's Day and that Verzi had also injured his twin brother before that by causing injuries to his genitals. The death of Leon Katz is such a sad and tragic case and it's really hard to talk about. The details are heartbreaking, but we're able to bring it to you because of sponsors like City Lips. City Lips is not a painful lip plumper that stings. It will give you fuller, healthier and younger looking lips. City Lips uses clinically tested ingredients and soothing moisturizers. Just swipe it on clean, bare lips, and after a few minutes, you will experience the full effects of City Lips. To try City Lips, click the link in the description, scan the QR code on your screen,

Starting point is 00:01:59 or go to citybeauty.com slash lccrimefix. Use the code LAW15 for 15% off of your order. Verzi has pleaded not guilty to the charges that include criminal homicide and aggravated assault. I spoke with her lawyer, David Schrager, about the Commonwealth's decision to pursue the death penalty. Well, it certainly is something that we were hoping wouldn't happen. I understood that it may happen. I was hoping that it wouldn't. That being said, no matter how many times you do this or how experienced a lawyer you are, it's always disheartening and hard to hear that one of your clients may be facing the death penalty. I think that if you get to the point that that doesn't give you pause emotionally and personally,

Starting point is 00:02:48 then you've either been doing this too long or not long enough to understand the magnitude of the responsibility of that. So that's, of course, something that we internalize. It would be wrong not to. But then we have to do our work after we've dealt with that emotionally. Now it's time to do the work. The probable cause affidavit says Verzi called 911 on June 15th

Starting point is 00:03:10 before midnight and said Leon suffered a bump to the head after falling from a bassinet. The document said the baby was becoming non-responsive. Leon was rushed to the hospital. The affidavit said his parents had left Leon in Nicole Verzi's care after taking his twin brother to the hospital for the injuries to his genitals, which Verzi had actually told them about. Police said Leon suffered a severe skull fracture and multiple brain bleeds. The affidavit says, Dr. Wolford of the Child Advocacy Center informed Detective O'Neill that the injury sustained by both John Doe and Leon Katz is consistent with having been sustained as a result of child abuse, as they are inflicted

Starting point is 00:03:50 injuries that are not natural and not accidental. Verzi agreed to speak to police at the police department. The affidavit states Verzi was unable to provide any plausible explanation for the cause consistent with the extent of the injuries that Leon Katz sustained while in her care. Verzi stated that she was with Savannah Roberts, Ethan Katz, and the twins on 6-15 of 2024. They went on an outing in the afternoon hours, and she was out by herself at a grocery store after that. Verzi estimated that at approximately 18-30 hours, that's 6-30 p.m., the parents took the John Doe to the hospital for an injury to the genital area. Verzi identified herself as the sole caretaker for

Starting point is 00:04:33 Leon Katz while the parents and brother were at the hospital. Detectives said that Verzi told them that Leon was fine after his parents left, that he had eaten, soiled two diapers, and was burped. The affidavit continues. Verzi stated that she fell asleep for a period of time while Leon was in the bouncer seat. She woke up and went to the kitchen to get a bottle for Leon. At that time, Leon was in the bouncer seat but not strapped into the seat. Detectives claim Verzi said she went into the kitchen and heard Leon screaming and then found him on his left side on the floor and picked him up. Leon died hours later at the hospital. It was Father's Day.

Starting point is 00:05:10 The affidavit detailed the injuries that Leon's twin brother also suffered. It reads, It should be noted that your affiant spoke with Dr. Wolford, who states that John Doe's injuries are as follows. Two scratches to the right cheek, one small scratch below the left side of the nose, one small scratch to the left cheek, two bruises below the belly button, bruising, swelling, and redness to the penis, and scratches to the tip of the penis. In addition, Dr. Wolford believed that all of Leon's injuries were acute. An autopsy performed determined that Leon Katz died as the result of blunt force trauma. His death was ruled a homicide. His parents denied causing the injuries to Leon or his twin brother. Prosecutors have filed this notice of intent to seek the death penalty against Nicole Verzi,

Starting point is 00:05:58 listing four aggravating factors. First, they say Verzi committed the killing while in perpetration of a felony. Second, they say the offense was committed by means of torture. Third, prosecutors say they'll introduce evidence that the defendant has a significant history of felony convictions involving the use or threat of violence to the person. The fourth aggravating factor cited by prosecutors, the victim was under the age of 12. Now, these are all things that prosecutors would present at sentencing. Verzi would have to be convicted first. Here's more of Verzi's attorney on how he plans to defend the case. She is handling it as well as to be expected. I think that she's maintained a good mindset and has remained positive.

Starting point is 00:06:42 She understands that the process is a lengthy one and that she will have her day in court. She will get to tell her side of the story. She will get to share her truth, but that takes some time, and that's difficult for people to deal with. It's hard to understand that our justice system works in a way that it takes a long time to get to be able to the point where most of the people are expecting, which is a trial. A trial happens at the end of a criminal case, and that can be measured in years, potentially.

Starting point is 00:07:16 Dave Ehrenberg is the state attorney for Palm Beach County in Florida. So, Dave, you've had to make this decision before about whether or not to pursue the death penalty. So what goes into making that decision? Antoinette, good to be back with you. When it comes to the state of Florida, you have to have aggravators that are statutory to seek the death penalty, meaning there's got to be an action here that was heinous, atrocious, and cruel. That's an aggravator or cold calculated and premeditated that's another aggravator the age of the victim matters these are all potential aggravators are all set forth in statute you have to have at least a unanimous vote by the 12 member jury on at least one aggravator and then the defense gets to put on unlimited mitigators and

Starting point is 00:08:02 unlike the prosecutors the defense can put on any mitigator. There are none that you have to follow in the statute. You can say, well, her mom didn't love her enough. Her mom smoked while she was in the womb, whatever. And if a jury believes that any of the mitigators outweigh an aggravator, then there is no death penalty, at least not for that juror. Now, in Florida nowadays,

Starting point is 00:08:24 it doesn't have to be a unanimous verdict. An aggravator has to be unanimous, but the decision to seek the death penalty and to give someone the death penalty, that can be done by an 8-4 vote by a 12-member jury. It does not have to be a unanimous jury any longer in Florida. This is Pennsylvania, and they've listed four aggravating factors as the reasons why they'll be pursuing the death penalty against Nicole Verzi. Her attorney, of course, says she's innocent, and she looks forward to presenting her case when the time comes. They're disappointed that the prosecution is pursuing the death penalty. But one of these aggravators that they list, the first one is that the defendant committed the killing while in perpetration of a felony. And to me, I'm looking at that and I see that possibly

Starting point is 00:09:10 possible abuse of the child, harming the child, resulted in a homicide. Do you think that's how they're getting to that aggravating factor? Yes. And that's the same way in Florida. If you're in the commission of another crime, it could be a battery that leads to a death. Remember in the case of George Floyd, we saw that where the cops were convicted, the main cop at least, of committing a death in the commission of a felony. Well, the felony is the battery and then someone dies.

Starting point is 00:09:41 So it could be the same course of conduct that gets you there. And so, yes. And unlike Florida and Pennsylvania, you need to have a unanimous jury to get the death penalty. So there is a higher burden for prosecutors. But this case is really horrific, especially because it looked like she tried to kill two children, two babies. The intent seems to be there because after the first one was rushed to the hospital, then the next one died. And it's just, it's horrific. The one thing going for her in this case, we have to talk straight here, Anjanette, is that as a prosecutor, is that it is harder to get the

Starting point is 00:10:17 death penalty on a female defendant. Jurors are less likely to approve death for a woman especially a young woman defendant we've seen this all over the country Susan Smith and other places where it's just the reality that jurors are less likely to go there the second aggravating factor is the defense was the offense was committed by means of torture. I mean, that just sounds so horrific. It conjures up so many different images in the mind. I mean, this was a little tiny six and a half week old baby. Again, Nicole Verzi maintains that she is not guilty of the crimes charged. That's the plea that she has entered. But, you know, calling this torture, I mean, this little child suffered these horrific skull fractures, according to the medical evidence that will be presented by the Commonwealth. So torture, how do you as a prosecutor present evidence of

Starting point is 00:11:18 that? Well, in the absence of videos or confessions or witnesses, you need to rely on the medical examiner's report to say that you see the skull fractures. So she must have been doing something really awful. And that's torturous behavior. But it's going to be a tough one to get a unanimous jury to agree on that aggravator. Because in the minds of a lay jury, torture is what you see in the movies. It's horrific. it's it's it's horrific it's uh like the movie marathon man dustin hoffman where you have an evil dentist who's you know who's who's uh drilling in your teeth without anesthesia to torture you that's the kind of thing in people's minds when you're coming in a situation like this i don't know if that's going

Starting point is 00:12:01 to reach the level in people's minds that they'll be convinced to impose a death penalty. I think that aggravate will be harder than the other one, the one of a death occurring in the commission of another crime. The third one is the defendant has a significant history of felony convictions involving the use or threat of violence to the person. You know, I spoke with the attorney for Nicole Verzi, and he said, obviously, she has no prior criminal record. You know, we've looked into that. We did not find any prior criminal record. But this involves the possible harming, I guess, of Leon Katz's twin brother, and then this child as well. The twin brother, I guess, was harmed, according to the prosecutors, before Leon was then harmed. And this is all the prosecution's theory.

Starting point is 00:12:53 So that's another aggravating factor that they will have to prove. And I guess they will prove that through the testimony, through medical evidence, and then the parents taking that child to the hospital. Right. And that is easily believable that these two awful circumstances were related. She didn't just try to kill the second child and not the first. How did the first end up in the emergency room with such awful injuries? So you can use the first incident to help get the death penalty for the second incident. You can piggyback under the law. So that's somewhere where the jurors may go along with that because the law says you can't.

Starting point is 00:13:33 And then finally, the victim being under 12 years of age. I mean, that's a pretty easy one. This was an infant, a six and a half week old baby. So if there is ultimately a conviction in this case, Nicole Verzi is indeed found guilty if that happens at trial. I mean, that is probably the easiest of the aggravating factors to prove. I mean, it's a baby. This was the most defenseless of victims. And that is the easiest of the aggravators all you need is one to be proven beyond a reasonable doubt then you're eligible for the death penalty the defense is going to

Starting point is 00:14:10 put on I would suspect a vibrant case in the penalty phase to show that you know she had all these reasons all these mitigating factors here she's you know mentally uh not with it totally she's got issues she's had uh you, she's tried to do the right thing, but she just snapped and something terrible happened that day and spare her life. And it's going to be tough for a jury, a unanimous 12 person jury to look at that, at this young woman who will be sitting close to them for this entire trial and then say, yeah, you should die. I think it is an uphill battle for prosecutors, not impossible, but this is such a horrific case. And as someone who supports capital punishment, I'm glad that it's on the table here. I'll leave you with this, Anjanette. It is a benefit to

Starting point is 00:14:58 prosecutors to seek the death penalty in terms of getting a more conservative jury. Jurors must agree that they can impose a death penalty to be selected for that jury. If you say I'm opposed to death penalty, you're not going to make it on the jury. So that helps prosecutors because now you have a more conservative jury to start with, a jury that supports a death penalty, you know, I mean, that will impose it. So already at the beginning, day one of any trial, prosecutors have a better jury for them than you would in a regular case. The death penalty, you mentioned that you support it, that you support capital punishment. You know, it's still on the books there in the Commonwealth of Pennsylvania, but they haven't had an execution since 1999. These are rarely carried out in a lot of states

Starting point is 00:15:47 that still have them on the books. So obviously, it's still the law of the land. So the prosecutors will, the district attorneys will pursue it when they deem that it's necessary. But do you ever see like a conflict there where if it's not going to be carried out and it costs a lot through the appeals process and things of that nature? I mean, is it really worth it to go through that additional layer of a trial? As a prosecutor, we listen a lot to victims' families and we don't know what they think. And a lot of times they're opposed to death penalty and and we'll take that in consideration obviously it is expensive it is time consuming it puts victims families through the ringer over and over again as the seemingly endless appeals continue through the system but you know some crimes are so horrible that life in prison is is not is not

Starting point is 00:16:41 enough justice that there's some crimes that are so despicable, so evil, that it demands the ultimate penalty. And that's why I support it. Plus, it has helped in some cases where the defendant is totally guilty to speed things up because they'll take a plea for life to avoid the death penalty. So that has helped deliver justice to families in cases where the defendant is going to cop to what he or she did, admit to it, take ownership, and then will avoid the death penalty, whereas they would never have done that had the death penalty not been on the table. So I understand, I see both sides to it, but in the end, I think the considerations weigh in favor of capital punishment. For me, I just think in Pennsylvania, in this case of this young woman defendant, I think it's going to be very challenging to get the death penalty here, especially if Pennsylvania has not implemented it since 1999.

Starting point is 00:17:37 It'll be interesting to see how it plays out. But it is just an awful case. This little baby should be here with his parents. Dave Ehrenberg, thank you so much. Thank you, Anjanette. And that's it for this episode of Crime Fix. I'm Anjanette Levy. Thank you so much for being with me.

Starting point is 00:17:53 I'll see you back here next time.

Crime Fix with Angenette Levy - PhD Candidate Accused of Murdering Baby Could Face Death Penalty: DA

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