NORWICH – Tammi Van Deusen had served nearly six and half years of her eight-year sentence when she won an appeal. She will return to court this spring, risking 15 to life if convicted despite a plea bargain offered last Friday.
“We will not take a felony for something she didn’t do,” said Robert Van Deusen, Tammi’s father.
“People keep calling it a retrial. There never was a trial. A trial is what we wanted six years ago,” he said.
Tammi Van Deusen, 31, was arrested on Aug. 4, 2000 following a police investigation into a drug-related murder. She was one of five defendants convicted in connection to the July 17, 2000 murder of Edward Pastore Jr. Pastore was targeted because he was a believed to be a successful drug dealer in the area. Van Deusen pleaded guilty to 1st degree robbery at the time. “She pleaded guilty at her first court arraignment twenty one minutes after meeting her lawyer for the first time. It is highly unusual for a murder plea at an arraignment. It’s almost unheard of,” said her current attorney Randel Scharf.
Van Deusen was tape recorded by police after her arrest. She claimed she was never told she was being taped, despite officers saying she was made aware. She asked for a lawyer, but the request was denied, she claims. Van Deusen says she did not understand the law and as a result signed forms waiving her Miranda rights.
The prosecution contends Van Deusen has given contradicting information, giving them grounds to charge her with perjury.
Last Friday following her Huntley Hearing, a plea bargain was brokered behind closed doors that would have allowed Van Deusen to go free almost immediately with time already served. The deal was refused by the defense. Scharf said Van Deusen would have to plead guilty to 1st degree robbery and couldn’t legally because she never committed one. With only a year and a half left in her current sentence, her attorney and father say Tammi, who is the mother of a seven year old boy, is willing to risk life in prison in order to clear her name of the felony charges.
Van Deusen’s conviction was overturned by the State’s Court of Appeals. Her plea was rejected because county court officials failed to fully inform Van Deusen of the terms of her sentence; specifically, she was not made aware of her post-release supervision. Van Deusen attempted to withdraw her plea and was sentenced on Jan. 22, 2001 after failing to cooperate with the terms of her plea bargain.
District Attorney Joseph McBride said Van Deusen gave contradicting testimony to the grand jury and wanted to protect her friends rather than cooperate with investigators. She also refused to sign a waiver of appeal at her sentencing in 2001, which was a vital part of the plea bargain. The DA originally offered her eight years in prison, but asked for 15 after her refusal. Following the hearing Friday, McBride asked to personally speak with Van Deusen but Scharf refused to allow the DA to have private access to his client.
Her alleged co-conspirators, Xavier Lee Valentine and boyfriend at the time Paul Escalante, pleaded guilty to 2nd degree murder and were sentenced to 23 years to life and 20 years to life, respectively. Joanne Carroll pleaded guilty to 1st degree robbery and received a 15-year sentence.
Anthony Escalante turned himself in and cooperated with police. He plea bargained for eight years, but at sentencing his lawyer asked the court for five and McBride did not object, saying because of his cooperation and general remorse, he would accept a five-year sentence. He is currently out of prison on parole.
Van Deusen was indicted in 2000 for 2nd degree murder, 1st and 2nd degree burglary, 1st degree robbery, 1st degree criminal use of firearms and 4th degree conspiracy, but after the appeal the court threw out the 2nd burglary and conspiracy charges.
Jury selection for the murder trial will begin on March 19. If convicted of the first count, Van Deusen would face at least another eight years in prison on top of her six already served.