Sword and Scale - Episode 215

Episode Date: July 11, 2022

What would you do if you worked your whole life to achieve the American dream and then you perceived that someone was on the cusp of taking it all away? How far would you go and what would you be willing to do to stop them? On a beautiful summer morning in 2008, land surveyors arrived at the home of 36 Nicholas Avenue in Greenwich, Connecticut. Their job was to stake the property, but soon after they began working, the surveyors heard loud and desperate cries for help. The screaming led the surveyors to a backyard where they found a horrific and bloody scene.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Sword and Scale contains adult themes and violence and is not intended for all audiences Listener discretion is advised You heard Allison cry help But he heard you Gerardo yelling die die die Die, die, die! Hello, and Happy Birthday, America! This is Season 9, Episode 215 of Sword and Scale,

a show that reveals that the worst monsters are real. Are we? Well, depending on when you hear this we hope you had or will have a wonderful, fourth of July here in America, the gleaming beacon on a hill, the kind of place where you can achieve just about any dream as long as you work hard enough for it. Speaking of which, join our plus! If you want more story and scale content, you can get it delivered to you, commercial free, and high bandwidth, and extra stuff you won't get on the regular feed. You've heard the whole spiel before. I don't have to do it again, do I? Go to Sword and Skill.com slash plus to find out more.

It's pretty cheap and well worth it. Don't be a dirty commie. Hey, it's America's birthday! So let's line up the grill, hang out the garden hose, and get ready for another episode of sword and scale. After all, it's America, and we sure do love our murder here! Give me your tired, your poor, your huddled masses yearning to breathe free. The wretched refuse of your teaming shore. Send these, the homeless, tempest tossed to me. I lift my lamp beside the golden door. These words are inscribed on America's Statue of Liberty. And for many, they bring in mind images of impoverished immigrants

arriving on the shores of New York City's Ellis Island during America's second industrial revolution. during America's second industrial revolution. They are words from a poem that at one time represented the American dream. There is no denying that the American dream has evolved over the years. So much so that it's kind of hard to discern what the dream even is anymore. Does the American dream mean graduating from college, finding a good job,

marrying the love of your life, and raising a few kids? Or does it mean becoming rich and famous? Or have we become so self-involved that the American Dream actually means garnering as many followers as possible on social media? God, I hope not. I guess when you break it all down, the modern American dream is a matter of personal preference. As a US citizen in today's world, the American dream can pretty much mean anything. It could be anything you want it to be. But there was a time when the American dream

was a bit more defined. In the late 1800s and early 1900s, mostly as a result of the American industrial revolution, an influx of immigrants made their way into the United States with the hope of building a more prosperous life for themselves and their families. Many immigrants believed that dream was possible, and it was. Many even achieved it, but it did not come easy. Building a new life in America usually required a lifetime of dedication, along with a lot of very hard work. And typically, when someone puts in that kind of effort, they tend to become very protective

over what they've achieved. After all, wouldn't you be? Try to imagine just for a moment that you immigrated to the United States from a foreign impoverished land and worked your entire life to achieve the American dream. Then you perceived that someone was on the cusp of taking it all away from you. How far would you go and what would you be willing to do to stop them? 36 nickels at. In Greenwich, what's the problem there? Shots have been fired. Shots have been fired. Shots have been fired.

I think somebody just got shot. So we're screaming for help. I don't know what's going on. How many shots did you get? About five or six. Five shots. So we screaming. All right, just stand up on the phone with me.

On the morning of September 4th, 2008, emergency services in Greenwich, Connecticut received several distressing 911 calls from people reporting that they heard someone screaming for help, followed by the sound of multiple gunshots. The screams and gunshots were apparently coming from the backyard of a residence in a typically very quiet and crime-free neighborhood. The 9-1-1 operator directed this caller to go toward the screams for help, which was also towards the sound of gunfire. What would you do in that situation? Call me a coward, but I think I'd find a safe place to hide and hold up and just wait for the police to arrive.

That is after all, their job. The caller, however, is either braver or dumber than me. He approached the backyard and was able to catch a glimpse of what was going on, what he saw wasn't good. In fact, it was downright horrifying. Around the back of this granite home, a bald white man was holding a gun while straddling a blood-covered woman who was lying face down in the Connecticut all her life. She was a single mother of three children, the youngest of which was only 10 years old. According to those that newer, Allison was deeply devoted to her children

and had been actively involved with their school parent teacher association for over 20 years. Allison liked to garden, cook, sew, and knit. And by most accounts was an especially kind and sweet-hearted woman. In the summer of 2008, after divorcing her husband, Allison and two of her children moved into a new home in Pemberwick, a small neighborhood on the west side of Greenwich, Connecticut. Shortly after moving in, Allison hired land surveyors to assist with changes that she was planning to make to her property. Can you tell us a little bit what kind of a neighborhood is the restick's

neighborhood that's a little granite? It's a residential neighborhood houses are close together. It's not a real, it's not a big, not big properties. And who is the person that hired you based upon the, um, the public? By this it says Alison McKnight. Okay. And do you remember going to that address on that day? Yes. On September 4th. And what was your task? We were to stake the property line between the two properties.

For those that may not know this, staking a property is a pretty straightforward task. It is usually performed by certified land surveyors who will place markers or stakes in the ground along a property line identified where one property ends and another begins. Allison was having her yard staked in preparation of building a fence to separate her own property of 36 Nicholas Ave from her neighbor's property of 38 Nicholas Ave. As planned, Lancer Veer has arrived at Allison's home on the morning of September 4th, and once there they greeted Allison in her front yard. What's she doing on the property?

She was raking leaves and trimming the bushes, the overgrown bushes a little bit in the front. What was the demeanor of that work when he was speaking with her? It was fine to choose. Happy. The surveyors spoke briefly with Allison and then began working. Before long, they lost sight of her, as Allison walked behind her house and into the backyard. And where were you and Mr. Giela at that point? What were you doing? We were on the property line between the two properties

across the street. And at some point, did you hear someone's squirming? Yes. Was it a male or female voice? Female voice. What did you hear at Tell us? She, we heard a voice. Yeah, somebody helped me.

Somebody helped me. When you first heard someone yelling help, what did you and Mr. Kiel do? We both ran towards the rear of the house. That's when we heard the gunshots. And when you, once you heard the gunshots, what did you and Mr. Kiel do? We both called 911.

There's somebody in the back there who just squeaked the latest screaming in the back yard. Did anyone shot the, I don't know, we can't hear. There's somebody got their fire and shot. one. Can you get a discreet to the guy that's doing the shooting? We're just going to the neighbor's job across the way. Can you see the guy who's doing the shooting? Yes, the people. The title is next door. 30 years. Oh, I just stand with them. Do you see anything? I found out the street. I know. I know where you're going to come back out here.

I just don't want to get popped because we're taking property lines. No, it's taking property lines. Who are you? We're in Lancet, there. We're working for the woman. Lancet, there you go. And you're working for this woman. I just got shot. Yes. The next door neighbor came over and shot him around the back. After these 911 calls were placed, Greenwich police and emergency medics were notified, and they quickly responded. In the area 36 Nicholas Avenue reported shots fired subject screaming.

I believe the victim may be an Alice in midnight at 36 Nicholas. Within minutes of the 911 calls, a lone police officer arrived at the scene and the first thing he saw was several distraught bystanders near Allison's home. The officer approached the bystanders and asked them what they saw and heard. They had told me that a woman had got shot in the back of the residence. Now after hearing that, what action did you take at that point? A dreamy weapon. I assessed the scene at which tactively would be the best way to enter the rear of the with his gun drawn the police officer approached Allison's home and began making his way towards

her backyard. But before he could get there, a hunched over man in his mid-70s emerged from behind Allison's house. He had a streak of blood on his t-shirt and was holding two items. I said the defendant coming from behind the property of 36. And what did the defendant, if anything? Was it he had anything in his hands? Yes, he did. What did he have anything in his hands? Yes he did. What did he have in his hands?

He had a revolver in one hand and he had a knife in his other hand. He has the gunfighting in his face. All right, 33 hires the suspect in his sight. Is he still armed? I've got two weapons. 4-3, I've got two weapons. I've got a fire on and a knife. I just about to try to secure it.

I'm talking to him, he's getting taken into custody this time. I can't for what? Where's the dick? Does anyone have the dick? We're still 13. After the man walked out from behind Allison's home, the officer ordered him to drop his weapons, a revolver, and a single blade pocket knife. The man complied and was quickly handcuffed. By this point, several other officers had arrived on the scene, and the suspect was placed in a patrol car.

Meanwhile, the original responding officer made his way behind Allison's house, where he found Allison, she was lying on the grass in her backyard, face down and unresponsive. One of her pink flip flops had fallen off her feet and the upper part of her body was covered in blood. She had appeared to have suffered numerous wounds to her body. Did you tell the kind of wounds they were? Blood threatening.

There was a large amount of blood that was on the ground around her. I attempted to roll her on her back to see if we can perform CPR. We allowed our emergency services to come in because the scene was safe. All right, were the EMT personnel able to be fired. I think that's it.

No, sir. When the officer rolled Allison on to her back before EMT's arrived, he saw that her blood-covered face was mangled, particularly around the mouth and left cheek. A long, bloody cut ran across her throat, and she had countless deep stab wounds all over her body. There was nothing that anyone could do for her.

49-year-old mother of three Allison McKnight was dead, presumably murdered by the man that police had taken into custody. But who was this man? And why had he committed such a horrifying act? After questioning the neighbors and land surveyors, the police learned that the suspect was 75-year-old Gerardo Lombardi. He was Allison McNight's neighbor, and earlier that morning, Allison had actually worn the land surveyors about the kooky old man that lived next door.

She said he was crazy to stay away from him, not to confront him just to do our work and get out of there. She indicated that he was a relative? Yes. Father-in-law? A father-in-law, yes. And again, indicate, stay away from him? Yes. It turned out that Gerardo Lombardi was a little more than Allison's neighbor.

He was also her ex-father-in-law. Not long after 75-year-old Gerardo was handcuffed and placed in a patrol car, he was whisked away to the Greenwich Police Department. Once there, he had some explaining to do. Gerardo sat down with two homicide detectives, and he was more than willing to explain why he had brutally murdered the mother of his own grandchildren, Alison McNite. children. On the morning of September 4, 2008, 49-year-old Alison McNite was found brutally murdered in her backyard by police in Greenwich, Connecticut. The presumed culprit was her neighbor and ex-father-in-law, 75-year-old Gerardo Lombardi.

Gerardo had been literally caught red-handed. When police found him and took him into custody, Gerardo had blood on his hands and t-shirt. He was even holding the murder weapons. After Gerardo was arrested, he was taken to the Greenwich Police Department and interviewed by two homicide detectives. Listen closely as Gerardo is somewhat soft-spoken and he has a thick Italian accent. How old are you? 75. What's your birthday?

5-3-3-3. 5-3-3-3? Where do you live? I live at 28 to Nicholas 7. 38 Nicholas Avenue. Gerardo Lombardi was born and raised in Avalino, a small town in southern Italy. According to Gerardo, his father made a living as a goat herder, which didn't afford the family many luxuries.

Gerardo dropped out of school when he was only 8 or 9 years old, but even so he wasn't stupid. As a teenager, he wisely began studying and teaching himself, a valuable trade, and ultimately became a highly skilled carpenter and home builder. In 1960, when Gerardo was 27, he immigrated to the United States. And when he made the trip over, he brought along his wife and their two children, a son and a daughter. Not long after he arrived in America, Gerardo was making more than a decent living as a carpenter and home builder. By the 1970s, he was living in Greenwich, Connecticut. You brought your whole family here.

Can more together. Can more together. And now you live where? Now I live here. You live in Greenwich. Yeah, I live in Greenwich. I would say you did pretty good in life then, right? You made it pretty good in life.

Come here from Italy, now you live in Greenwich, Connecticut. If you're not familiar with the area, Greenwich, Connecticut is beautiful, but it's also one of the most expensive places to live in America. The cost of living is 76% higher than the US national average, and the average annual income of homeowners in this area is nearly $200,000. Need lists to say Gerardo did pretty well for himself, and he far outdid his goat herding

father. At some point during the 1970s, Gerardo used his carpentry skills to build a house for himself and his family on a large empty lot in Grennich. This house became 38 Nicholas Avenue. But at the time of its construction, there was no neighboring house. Gerardo wouldn't build 36 Nicholas Avenue next door until after his son met and married Allison McKnight. Now, it came a time when you got married to Miss McKnight?

Yes. When was that? April 1978. And at that time, there was one house on that piece of property. Yes. And there came a time when there was a house built next door. And that turned into 36, Michael, seven. Is that correct? Correct. Who built that home Basically me my father built it and who is the house built for? It's supposed to be for me my ex-wife Allison Gerardo gifted this new house he built to his son Joseph and his daughter-in-law, Allison, Mcnight But Joseph and Allison never actually lived there together. Instead, they decided to rent the property out and use it for income.

Gerardo was agreeable to this, but he had a condition. Oh, my wife found her name on the property also. And we had agreed to take care of my father when he got older and couldn't take care of himself. Were you aware that he had Parkinson's at that time? I think it was in the beginning stages of Parkinson's death. Gerardo had been diagnosed with Parkinson's disease, and the agreement was that when his condition worsened, Gerardo would move into the house,

he gave his son and daughter-in-law, and the two of them would care for him in his old age. Quite the insurance policy. During the course of all this, Gerardo's son Joseph and his daughter-in-law, Allison, were busy building their own family. Together, they had two sons and a daughter. How would you describe your relationship with your mother? She was my best friend. Can you just tell the court what was the relationship

between your mother and the defendant Gerardo and Barti? How would you describe it? Well, from when they got married, I think it was made clear that my mother wasn't Italian. So he didn't prefer that and he didn't like that, but my mom was never mean and they didn't have a very warm relationship, but they certainly had a relationship. The holidays she would make cookies, she sent him Christmas cards and he had things in

his garden and he would bring them over. According to Alison's daughter, Gerardo and Alison didn't have the closest of relationships. But for the most part, their interactions were civil. Basically they tolerated each other. That is, until Alison decided she was going to divorce Gerardo's son. Yes, my father is an alcoholic, so things got their respiration in their marriage, usually due to his drinking.

Did there come a time when your parents divorced? Yes, they divorced July 22, 2008. Okay, and when the divorce was finalized, do you know who got the house at 36 Nicholas Avenue that they had been renting my mother? Dave. Okay. What was your mother planning on doing with that house? We were going to live there. During the divorce proceedings, Allison was awarded the house that Gerardo had built next to his own house, an Alison planned to live

there, which made Gerardo and Alison not so friendly neighbors. But that wasn't the only awkward drama that Alison had to contend with. Now, where was your dad's living at this time after she was awarded the house? He was living with my grandfather at 38 Nicholas. So he was living there as well? Correct. Okay, so she would have to live next door to her ex-husband essentially. Correct.

Who else was living at 38 Nicholas Avenue at this time? His girlfriend and their baby. And how did that make your mother feel? Not very happy since the woman sort of broke up their marriage of 30 years. My dad cheated on her in their marriage and had a loved child. If you remember from the Land Surveyor's earlier testimony, all of the houses on Nicholas Ave were very close together. The homes of 38 and 36 Nicholas were only separated by a few feet of grass.

Given that Allison's angry ex-father-in-law, her alcoholic ex-husband and her ex-husband's girlfriend were living right next door, you might be asking, why would Allison ever want to live there? Why not just sell the house and live somewhere else? Why would your mother and you have wanted to move next door to 36 Nicholas Avenue, given the fact that your grandfather lived next door? Because of financial reasons we were going to have to live there as a result of the divorce. And her attorney told her that she would lose, I guess, a percentage because it was a rental property.

If she didn't live there for so many years, she was going to lose, like, a percentage of the value or however that would work. Since Alison and Joseph had never lived at 36 Nicholas F and only profited off the property as a rental, a large percentage of the selling price would be wasted on taxes if Alison decided to sell. In order to get the maximum property value, Alison would first need to establish the home as her own residence for so many years. So, her solution to deal with the fact that her ex-father-in-law and her ex-husband would be living right next door was to build a fence to separate the two properties. And while Allison was making preparations to build this fence, Gerardo

was doing his damnedest to get the house back you took your father to see an attorney yes he wanted to try and get thirty six nick was having a back okay and you said that on attorney whalens uh... advice uh... was not particularly uh... favorable to your father correct yes he said there's no way that you remember what your father said uh... to you after turning whaling even that advice he said that if the law couldn't help him he would

handle it himself I guess I'll take it as a threat some sort threat of violence correct yes needless to say Gerardo Lombardi was pissed. The home he built with his own hands, the home that he was supposed to live in through his final dying days, had been awarded to a woman that he never even liked in the first place. Then, a few days after Alison moved into 36 Nicholas, Gerardo received a letter in the mail from Allison's attorney, telling him that he was required to remove the garden in his backyard because a large portion of it was on Allison's property and was preventing her from building the fence

she planned to put up. Well, stubborn old Gerardo refused. He never moved his garden. Then came the morning of September 4, 2008. Gerardo was home alone. He looked out of his living room window and saw land surveyors staking the property, which was in preparation to build Allison's fence. Dorado also saw Allison doing yard work in her front yard. What started this this morning was you saw the surveyors come to the house.

That's what happened? I appreciate all of it. Where were the guns in your house? Which room was it? My bedroom. My room was already in the master bedroom room, a white room, that's all right. In the master bedroom. The master bedroom.

Is bedroom? Yeah. Dorado went to his bedroom and grabbed a revolver. Then he went to his basement where he kept his bullets and loaded his gun. Then Dorado walked outside and grabbed a backup weapon from his car, a single blade pocket knife. With both weapons at the ready, Gerardo followed Allison into her backyard.

What happened here today? Tell us in your own words what happened here today. I got a move in between the... I grabbed my gun and my knife and I killed her. What did you do? I killed her. Did you stab her? I stabbed her. I shoot her. Where did you stab her?

I did everything. I don't know. I was suffered too much. So you shot her first? I shoot. How many times did you shoot her? Well, I did all the thing. I did all with God.

When Gerardo attacked Allison, he fired every bullet of his six shooter revolver. Three of the bullets missed while the other three hit Allison at close range and ripped through her face and body. So you fired into her at one point to use the knife? After finishing the gun, I started using it. Okay, where did point to use use the knife after finishing the gun Okay, where did you hit her with the knife? After being shot three times Alison fell to the ground Gerardo then climbed on top of her and began viciously slashing and stabbing her over and Over again with his pocket knife until he was sure that

she was dead. All the while, Alison's blood curling screams echoed throughout the neighborhood. She cried out somebody helped me over and over again, pleading for anyone to save her from this madman. In her dying moments, Alison undoubtedly suffered immense pain and fear, as Gerardo stabbed the life out of her. You should take somebody else's property like that. So the house, which was originally in your name, went to your son's name. And he shared that house with his wife.

And when they got divorced, she took the house. She took the house, yeah. And you felt that you're still the owner of the house because your blood sweat and tears went into that house. I would come hard to build a house. I understand. You know what? You come here from Italy. You had a tough time. You tried to start new in America. I understand that fully because that's what my family did. I know you won't come. So today it just blew up. Tonight I just went off.

Just couldn't take it. Gerardo butchered this poor woman to death. And in his warped mind his behavior was justified because Allison stole his house. A house by the way that he had given his son and Allison over a decade earlier. Do you realize what you did here today? I realized why I'm here. Because I killed him already. You know that's wrong, right?

Some people that said,, my shoes are which. She took it out of the house, she should have never took it out of the house. There's alternatives to careful, you know, stay killing somebody. I told her I swear to the blood I would get 11 or 12 o'clock on the night to be able to build the house. She's a witch, she's in reach. I don't feel so. You don't feel sorry? No.

Why? I'm all alone now. You're dying. You're old enough to die? Yeah. Gerardo admitted that he had no remorse or regret for what he had done. And he even referred to his victim as a witch.

By now, you might be thinking that this is a slam dunk case for any prosecutor. After all, Dorado gave the police a full confession and even explained his motive. Well, what happened in the months and years following might surprise you. You see, one of the benefits of living in America is that when you are arrested and charged with a crime, you have the option to defend yourself in court. The government will even pay for your lawyer if you can't afford one, and Gerardo took full advantage of these benefits. After being assigned a public defender, Gerardo pleaded not guilty to the crime of murder.

And when his case finally went to trial, things took a very bizarre and frustrating turn. In September of 2008, 75-year-old Gerardo Lombardi confessed to Grennitch-Kinetic at homicide detectives that he brutally murdered his ex-daughter-in-law, Alison McNite, over a dispute about property that Gerardo felt belonged to him, even though it didn't. Along with his full confession, Gerardo also explained his motive and admitted that he didn't feel sorry for what he had done. But even with all of that against him, when it came time for Gerardo to appear in court, he pleaded not guilty to the crime of murder. In March of 2010, two years after Alison McKnight was killed, Gerardo went to trial.

Instead of a jury trial, Gerardo and his defense lawyers opted to have the case heard by a panel of three judges. At the start of the trial, the prosecuting attorney began laying out the state's case against Gerardo by putting one of his eyewitnesses on the stand. That proceeded to go to the rear of the house to look to see if somebody had been shot or somebody was hurt. And as you proceeded on that walkway, did there come a time when you saw an individual? I saw Mr. Lombardi on top of another person. Now did you actually see Mr. Nick Knight?

She was down face down the ground. And what was Mr. what was the defendant Mr. Gerardo Lombardi doing when you saw him? in a fit of intense rage while straddling his already badly wounded victim. them. Gerardo screamed, die, die, die, over, and over again, as he repeatedly stabbed Allison McNite to death. After Gerardo's horrific behavior was described in court, a medical examiner took the stand to describeyson's many injuries. Multiple wounds were identified, specifically three gunshot wounds, and up to 49 cuts and stabs over various surfaces of the body. And it tells us what location of the body

would a gunshot wound? The first one that I have documented in my report states exhibit 49 is an entry gunshot wound of the mouth. The bullet actually went between the lips, directed from right to left, fractured the upper and lower jaw, several teeth were missing, and the bullet exited, causing a fairly large exit laceration of the left cheek. Essentially, one of the bullets that Gerardo fired at Allison, ripped through her mouth, shattering her jaw and teeth, and then exploded out of her left cheek.

But the injuries she sustained to her mouth and face were not fatal. The fatal gunshot was the one that hit her in the chest. It came steeply right to left, it went through the chest, and fractured, there was a band of fracture of the upper right ribs, causing tearing and bruising of the upper right lung, the bullet crossed across the chest wall through the pectoralis muscle, and actually went into the left upper arm where a medium calvary jacketed bullet was recovered and submitted to one of the detectives in attendance. After Gerardo emptied his revolver, he hacked away at Allison with his pocket knife. The medical examiner found over 45 stabs and lacerations to Allison's body, one of which was a long slit wound measuring approximately five inches long across the the the interior or the front part of the neck. There were 17 stab wounds in the

area of the right lower chest and then down into the upper abdomen on the right side. One went into the chest cavity although it didn't cause damage to the lung and then four went into the liver on the right side. So that's a five total liver injuries, any of which could have been fatal in and of itself. The medical examiner ultimately determined that Allison's death was caused by multiple gunshots and stab wounds. And he also ruled that the manor of her death was a homicide. For prosecutors proving that Gerardo was responsible for the homicide wasn't difficult at all. On top of the fact that there were several eyewitnesses and a recorded confession, Gerardo

himself took the stand at his own trial and admitted to what he had done. And after the one shot, I don't know her, nothing, no more. No, no, even I just blinded the fool. And I saw her, I remember the knife, and I went for the knife. I went to the knife, I started to swing. Gerardo admitted in open court that in a fit of blind rage, he brutally and violently murdered a defenseless mother of three children. Then Gerardo told the court that he felt bad for what he had done because his life was now ruined. about that. I feel very bad because I'm not supposed to handle like this. Not supposed to end like this. No, I'm supposed to handle like that. No, I bearably, I feel better,

but my life is room. At no point during his testimony, did Gerardo make mention of or express any remorse for how his actions affected Allison's family, or even his own family. Naturally during cross examination, the state was quick to point out the disgusting things that Gerardo said about Allison during his police interview. You remember telling the police that you were not sorry that you killed Allison? I'm not kind of the conversation of my dear one or remember. You might have had that conversation. I don't remember.

You don't remember. But you're telling us now that you are sorry. That you did it. I feel sorry. I feel sorry all the way through. OK. You remember, do you remember telling the police that Allison was a witch?

Yeah, I remember that. Do you remember that? Yeah, because I was a mad guy. Because you were mad. You were mad that day when you saw her in the yard with the surveyors, right? Yeah. I know what you're probably thinking. Given all the evidence, surely there's no way that Gerardo could possibly walk away

from all of this without being convicted of murder. Well, hold on to that thought. Before his trial began, Gerardo entered a plea of not guilty by reason of extreme emotional disturbance. In legal land, extreme emotional disturbance means that a defendant suffered a profound loss of self-control at the time of the crime and therefore they should not be considered fully liable for the crime they committed.

An extreme emotional disturbance defense is an affirmative defense. This means that the burden to prove that Gerardo had lost self-control at the time of the murder was his responsibility, or rather the responsibility of his lawyers. After the prosecution rested their case against Gerardo, the defense went to work laying out their own case. And one of the things they did was put a psychologist on the stand. Now, did you have the opportunity to do a psychiatric evaluation on my client Gerardo Lombardi? Yes, I did.

The purpose of this evaluation was to perform a complete psychiatric evaluation on Mr. Lombardi to determine his state of mind around the date of his arrest. The psychologist that spoke on behalf of Gerardo's defense claimed to have performed a complete psych evaluation of Gerardo. Now you may think that performing something like that on a 75-year-old man would take at least several weeks, or even months of intense study, to complete. Nope, that's psychology for you. This doctor works fast, I guess, and he only needed a two-hour interview with Gerardo to

form this conclusion. Did you formulate a conclusion regarding his mental state? Yes, I did. Medical certificate, and I'll go with that. My conclusion is that with reasonable medical certainty that Mr. Lombardi is suffering from a delusional disorder of a persecutory and jealous type, and that he was also suffering from disturbances of mood secondary to his taking the dopamine enhancing medications for Parkinson's disease.

In layman's terms, a psychologist found that Gerardo felt like he was being treated poorly, and these feelings were compounded by his Parkinson's disease medication. Okay, fine. But was that supposed to be a justification for murder? I mean, just about everyone has felt like they were being mistreated at some point in their life. I don't think you'd kill someone unless you were. And most of us don't respond by butchering someone

to death in their backyard. There was also something else about the defense's case that was more than just a little absurd. Remember that letter that Gerardo received from Allison's attorney telling him that he needed to remove his garden from Allison's backyard? While the garden came up time and time again throughout his trial. Now that letter told you that you had to move your garden. Move your garden to the oil of the thing, we're gonna put a fence, she was gonna put a fence on. And were you sad that you might have to move your tomato patch?

Now this may be a sword and scale first, but never have I ever heard of someone being sad about the removal of a fucking vegetable garden used as an excuse or mitigating factor in a murder trial. But sure enough, it was one of the key aspects of this psychologist's findings. He was upset over the fact that he had lost the property next door and over the prospect that there would be changes made to the property that was going to affect a vegetable garden. Based on the psychologist's findings, which included that Gerardo was sad about losing a vegetable garden, along with a few other factors, the defense argued that at the time of the murder, Dorado suffered an extreme emotional disturbance.

And therefore, he should not be convicted of murder. We have heard testimony from both Joseph Ombardi and Gerardo himself testified to the ongoing concerns that Gerardo had. And those concerns included the legal separation of his property, the destruction of his beloved garden, and of course his overwhelming fear of the loss of financial support, which he believed was promised to him by his son and the individuals who would be owning 36thicals Avenue to see him through his declining health in his own age.

Was Dorado Lombardi laboring under an extreme emotional disturbance at the time of this incident and was there a reasonable explanation, a mitigating factor, if you will, for his actions to what he is charged with that being murder? I think that the answer in this is an uncontroverted yes. During the closing statements, the prosecutor responded to the defense's case and presented a very reasoned argument against what you might consider to be a laughable defense. The evidence shows that Mr. Lombardi, at the time of the day of the crime, the morning of the crime, exhibited rational thinking and a sense of self-control

Prior to the prior to the murder. This just didn't happen all at once. He wasn't outside Speaking to the victim just having happening to have a knife and gun in his hand at some point He decided he made a conscious effort to go to go into his desk and get his gun He then had the self-control and the rational thinking to remember where he put his bullets. He went downstairs, loaded the gun. Went up, before he did that, he went out and took his knife out of the car.

And at that point, he decided to leave his own premises and approach her and do the deed. This all indicates self-control, rational thinking. The only reasonable verdict is murder. After both sides rested, the three judges that heard the case called for a weekend recess. When court reconvened the following Monday, a verdict was rendered that shocked and outraged

Allison's family. We find that while the emotional disturbance established by a fair proponents of the evidence does not rise to the level of insanity as defined by our penal code, it does establish that the defendant was exposed to an extremely overwhelming state, resulting in loss of self-control, and his reason was overborn by extreme intense feelings. This resulted in the failure of usual intellectual controls and normal rational thinking, which no longer prevailed at the time of the act. What's especially frustrating about this case is not that the judges are wrong.

It's that they are right. The evidence presented at trial along with the random viciousness of the crime does indicate that Gerardo lost self-control. But why? Because he couldn't live in a house that he gifted away over 10 years ago. Because he had to change his retirement plans. Because he had to move a stupid fucking vegetable garden. Gerardo's reaction to these things was akin to the behavior of a child.

He acted like a baby that couldn't get what he wanted. But if you follow the letter of the law, as we should probably expect our judges to do, the petty reasons behind Gerardo's loss of self-control are irrelevant. The evidence suggests strongly that Gerardo was not in control of his own behavior at the time of the murder, and in determining a verdict in this case, that's really all that matters.

The court finds and concludes that the defendant is guilty of the crime of manslaughter in the first degree with a firearm. Gerardo was found guilty of manslaughter, which is the typical outcome for a verdict like this one. A manslaughter conviction is always the result when an extreme emotional disturbance defense is successfully argued in a murder trial. This was exactly what Gerardo and his lawyers wanted. They won.

In Connecticut, a crime of first-degree manslaughter carries a minimum sentence of five years in prison and a maximum sentence of 40 years. Gerardo was going away. The only question was for how long. This is a shocking and disturbing case to say the least. I mean, what do you say about a case where you have a defendant who was in his late 70s at a point in his life where he's about to meet his maker and he goes out by brutally killing a totally innocent woman in the prime of her life.

I mean, this was an absolutely brutal killing. This woman suffered as she died, as she was stabbed 40 times. I mean, I can only describe it as a slaughter by an individual with a heart of darkness. It's a horrible crime, and I'm unable to see any remorse on it from this defendant. Knowing more so whatsoever, victim deserved it. She was a witch. I think given all of the considerations in this defendant, knowing more so whatsoever, the victim deserved to choose

a witch. I think given all of the considerations in this case, Mr. Lombardi should be sentenced to the full 40 years. It may be symbolic, but I think he deserves it. As expected, Gerardo's lawyers asked for leniency, while the state pushed for the maximum sentence of 40 years. Even though such a lengthy prison term would only be an indicative punishment, given his age and declining health, Gerardo could never serve that kind of time. Even so, a judge needed to decide how long Gerardo would be sentenced to prison. And before making that decision, he listened to impact statements made by members of Allison's family. What kind of person takes the life of a 49-year-old woman because he is going to lose

a vegetable garden with a fence going up? I want you to know that the day after you killed my sister I went to the house you lived in and tore every vegetable out of your precious vegetable garden as I destroyed it. When you filled your gun with bullets you were on a mission to kill my sister. When you fought enough to bring a knife as a backup weapon you were clear-headed enough to know that the gun might not fully kill her. Since the murder of my sister you are not now nor after your death, will be referred to as a man. You will always be thought of as a dangerous, vicious, wild animal. You are no longer human."

Understandably, Alison's family was outraged that Gerardo avoided a murder conviction. But perhaps, much more consequential in determining Gerardo's prison term was the incomprehensible sadness that he caused. I'm Allison's mother. Yes, ma'am. As a mother, a piece of me was taken away. It is never going to be replaced. How do you live with a murder daughter who was cut down at 49 years old when she still

had many more years to live and enjoy life in her family? On a beautiful summer morning in early September 2008, Gerardo Lombardi slaughtered a beloved daughter, sister, and dedicated mother of three, and for what? When Gerardo was just 27 years old, he left Italy and arrived in the United States. No doubt in pursuit of the American dream. At some point, Gerardo likely assumed that he had achieved that dream. Then at the ripe old age of 75, he perceived that his ex-daughter-in-law, Allison, was trying to steal it away from him. But the truth is that Gerardo never did achieve the American dream, because he never fully understood

it. Gerardo, do you realize the heartache you caused? Not only to Allison's family, but also to your family who has to live with a brutal, savage murder you committed. When the influx of immigrants came to America in the early 1900s, their American dream didn't only mean working hard to make a good living and then acquiring material things. Their dream was grounded in family and the most important aspect of what they were trying to do was to ensure a better life for their children

and their children's children. Gerardo worked hard all of his life. He applied his trade as a carpenter and made a great living doing it. So great, in fact, that he was able to live in one of the most beautiful and expensive places in America. But in the end, the only memorable thing he left for his family was immeasurable shame and sadness.

Gerardo murdered his ex-daughter-in-law, Alison McNite, leaving three of his own grandchildren without their mother, who are painfully aware that Alison's dying moments were filled with fear, agony, and suffering. But Gerardo, you not only murdered my daughter, you butchered her like a wild animal. One of the uh, surveyors testified in this court saying he heard Alison cry, help, help, but he heard you Gerardo yelling, die, die, die. Instead of owning up to the unconscionable viciousness of what he had done, Gerardo selfishly put his family and Alison's family through an irrelevant trial. No matter the outcome, be it a murder conviction or a manslaughter conviction.

Gerardo was going to die in prison. And he did. Although they couldn't or wouldn't provide many details, the Connecticut Department of Corrections told us that Gerardo Lombardi died in prison in 2018. Unforgivably, two of his final acts while he was alive included butchering the mother of his grandchildren to death and selfishly taking his case to trial. to death and selfishly taking his case to trial. Gerardo avoided a murder conviction only to be found guilty of first-degree manslaughter. And for that crime, he deservedly received the maximum possible sentence of 40 years in

prison. Alright, that's going to do it for this one. Thank you so much for joining us yet again. We hope you have a wonderful Fourth of July with your family and friends and don't kill anyone. You don't need to kill anyone to get the American dream. By the way, that's the whole morale of the story. In case you missed it. In any case, have a good one and until next time, you know the words. Stay safe. 1 tbh 1 tbh 1 tbh 1 tbh 1 tbh 1 tbh

1 tbh 1 tbh 1 tbh 1 tbh 1 tbh 1 tbh 1 tbh 1 tbh I like my name is Jody Carpenter and I just wanted to call until you thank you. I just listened to the class episode about Tina Talbot and I think it really helped me.

I just called up my wedding last night because I was in the abusive relationship. And the last show was him throwing me down the stairs and having stitches in my head and my feet. And it was just so refreshing to hear. It's hard to even talk about my story, but it's so refreshing to hear, you know, other strong women that went through the same thing. I have listened to your podcast since I think episode 20 for years, years. I'm obsessed with it.

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