THE TRIAL OF DAVID BERKOWITZ

Article BY steph arena - Art by SIONA MORROW

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David R. Berkowitz, also known as the “Son of Sam” killer, The .44 Calibre Killer and The .44 Killer was apprehended on August 10th 1977, a little more than a year since his killings began on July 29th 1976. He was charged with second degree murder, attempted murder and assault. Berkowitz’s first words upon capture were reported to be "You got me. What took you so long?"

Berkowitz showed no emotion of any kind, not even any remorse at being apprehended. He confessed to all the shootings rapidly and expressed an interest in pleading guilty in exchange for receiving a life sentence, rather than face execution. Berkowitz was questioned for about thirty minutes in the early morning of August 11th, 1977, and he quickly confessed to the "Son of Sam" killings. His victims totaled fifteen. Six died, the others were wounded.

When questioned, Berkowitz claimed that the “Sam” mentioned in his first letter was Sam Carr, his former neighbour. He also claimed that Carr’s dog, Harvey, was possessed by an ancient demon and needed blood to survive. He stated that it was at Harvey’s request that he murdered.

The day after his arrest, on August 11th 1977, Berkowitz was sent to hospital for observation. It was at King’s Country Hospital where he underwent psychiatric observations.

He was declared “an incapacitated person”. Insane under the legal definition, by a team of three psychiatrists, based on a series of multiple psychiatric examinations.

A few weeks later Berkowitz hinted that there were others involved in the .44 murders. He wrote a letter to the New York Post, which was dated September 19th. He repeated the dog story and closed the letter with an ominous, "There are other Sons out there, God help the world.”

On May 8th 1978, in New York, the trial of David R. Berkowitz began. The defense lawyers were Ira Jultak and Leon Stern. The prosecutors were Mario Merola, John Santucci and Eugene Gold. And judges William Kapelman, Joseph R. Corso and Nicholas Soualas.

Berkowitz’s lawyers echoed the “incapacitated person” statement in their plea, which was “Not guilty by means of insanity”. The district attorney, however, was not satisfied and wanted this judgment to be set aside. A special psychiatrist was appointed by the court to act for the prosecution.

Dr. David Abrahamsen proceeded with his own tests, in which he found that, “while the defendant shows paranoid traits, they do not interfere with ability or fitness to stand trial.”

A mental competency hearing was held before Supreme Court Justice, Joseph R. Corso and Berkowitz was brought into court. His behaviour there certainly appeared to be that of an insane person by all accounts.

He pulled away from his guards, stood in his shooting stance and pretended to hold a pistol in his hands. He proceeded to chant “Stacy was a whore,” repeatedly, in a sing-song voice. He was referring to one of his victims – Stacy Mokowitz.

Stacy Mokowitz’s family were present and they began sobbing. Her mother, however, was overcome with rage and began to scream, “You’re an animal”. Berkowitz later claimed that this behaviour was a response to Stacy Mokowitz’s mother who had expressed her desire to see Berkowitz executed.

Ultimately, though Berkowitz was declared sane and his lawyers swiftly changed his plea to guilty. Berkowitz continued to plead guilty throughout his trial.

Since the expectations of a guilty plea were so high, a special agreement was made to have all of the legal proceedings in one trial venue. Both for security reasons and also, to save costs.

The main issue at hand was not whether Berkowitz was criminally insane (or guilty).

A psychiatrist’s report stated that Berkowitz was not capable of assisting in his own defense and that his paranoid psychosis had rendered him “emotionally dead”.
But the court declared that Berkowitz’s demons were a “conscious invention” and were adamant that he understood his charges and was most definitely, mentally fit to stand trial.

Psychiatrist, Dr. Martin Lubin claims that “Berkowitz made a move to act out in the courtroom”, that he intended to act out in such a way “that someone might shoot him. But, in particular he wanted to dive out of the window.”

Lubin states that his attempt to dive out of the window was not a display of theatrics, but most definitely a real attempt. And that “He later explained to me, in a psychotic state that if he had somehow been caught it would have been proof, to him, of some divine intervention.”

Berkowitz was tried for the murder of Stacy Mokowitz and the wounding and blinding of Robert Violante. His statement showed instantly that he was indeed the killer, by describing details of the letters written, by him, to the police.

The first letter, which was discovered by a police officer in the Esau-Suriani shooting (April 1977), was written mostly in block capitals and addressed to NYPD Captain Joseph Borelli stated:

“I am deeply hurt by your calling me a wemon hater! I am not. But I am a monster. I am the "Son of Sam." I am a little brat. When father Sam gets drunk he gets mean. He beats his family. Sometimes he ties me up to the back of the house.
Other times he locks me in the garage. Sam loves to drink blood. "Go out and kill," commands father Sam. Behind our house some rest. Mostly young — raped and slaughtered — their blood drained — just bones now. Papa Sam keeps me locked in the attic too. I can't get out but I look out the attic window and watch the world go by. I feel like an outsider.
I am on a different wavelength then everybody else — programmed too kill. However, to stop me you must kill me. Attention all police: Shoot me first — shoot to kill or else keep out of my way or you will die! Papa Sam is old now. He needs some blood to preserve his youth.
He has had too many heart attacks. "Ugh, me hoot, it hurts, sonny boy." I miss my pretty princess most of all. She's resting in our ladies house. But I'll see her soon. I am the "Monster" — "Beelzebub" — the chubby behemouth.
I love to hunt. Prowling the streets looking for fair game — tasty meat. The wemon of Queens are prettyist of all. It must be the water they drink. I live for the hunt — my life. Blood for papa. Mr. Borrelli, sir, I don't want to kill anymore. No sur, no more but I must, 'honor thy father.'
I want to make love to the world. I love people. I don't belong on earth. Return me to yahoos. To the people of Queens, I love you. And I want to wish all of you a happy Easter.
May God bless you in this life and in the next. And for now I say goodbye and goodnight.
Police: Let me haunt you with these words: I'll be back! I'll be back! To be interpreted as — bang bang bang, bank, bang — ugh!! Yours in murder, Mr. Monster.”

Berkowitz had obviously enjoyed the publicity as he then wrote to Jimmy Breslin, a reporter from the Daily News. The letter read:

"Hello from the cracks in the sidewalks of NYC and from the ants that dwell in these cracks and feed in the dried blood of the dead that has settled into the cracks.

"Hello from the gutters of NYC, which is filled with dog manure, vomit, stale wine, urine, and blood. Hello from the sewers of NYC which swallow up these delicacies when they are washed away by the sweeper trucks.

"Don't think because you haven't heard [from me] for a while that I went to sleep. No, rather, I am still here. Like a spirit roaming the night. Thirsty, hungry, seldom stopping to rest; anxious to please Sam.

"Sam's a thirsty lad. He won't let me stop killing until he gets his fill of blood. Tell me, Jim, what will you have for July 29? You can forget about me if you like because I don't care for publicity. However, you must not forget Donna Lauria and you cannot let the people forget her either. She was a very sweet girl.

"Not knowing what the future holds, I shall say farewell and I will see you at the next job? Or should I say you will see my handiwork at the next job? Remember Ms. Lauria. Thank you.

"In their blood and from the gutter-- 'Sam's creation' .44"

On June 12th 1978, he was sentenced to six consecutive terms of twenty five years to life – one for each of the six murders he committed.

He began serving this sentence in New York’s Attica prison. In 1979 there was an attack on his life. He refused to name who attacked him but suggested the attack was directed at him by a cult he used to belong to. His wound took fifty two stitches to close and he still bears the scars.

Berkowitz became a born again Christian in prison, in 1987. He states that his moment of conversion happened after reading Psalm 34:6 in a Gideon’s Pocket Testament Bible which was given to him by a fellow inmate.

In March 2002, Berkowitz sent a letter to New York Governor asking for his parole hearing to be canceled, stating:

"In all honesty, I believe that I deserve to be in prison for the rest of my life. I have, with God's help, long ago come to terms with my situation and I have accepted my punishment.”
He was denied a second parole hearing in June 2004, after he stated he didn’t want one. He is involved with prison ministry and counsels troubled inmates regularly.