Ciccone guilty of first-degree murder

Albert Ciccone was found guilty last Wednesday of first-degree murder in the death of his pregnant wife, Kathleen, on Oct. 16, 2003.

Ciccone had been accused of deliberately running her over with his Dodge Neon on Ditto Creek Road, just north of Mountain Home, following an argument in which she had gotten out of the car and had begun walking down the road.

The nine-man three-woman jury also found Ciccone guilty of second-degree murder in the death of the 11-week-old fetus she was carrying.

Ciccone showed no emotion when the verdict was read Wednesday, but members of Kathleen's family broke out in sobs, while Ciccone's mother and father quietly hugged each other.

After closing arguments Tuesday afternoon by Prosecutor Aaron Bazzoli and Defense Attorney Terry Ratliff, jurors deliberated for about two hours before retiring for the night, and began again the next morning. But one member of the jury was dismissed Wednesday morning when it was discovered he had discussed the case outside the jury room. An alternate was selected and the jury was forced to completely redo its deliberations. The reformed jury panel returned the verdict after slightly more than three hours of deliberation.

Judge Mike Wetherell praised the jury for its prompt action that prevented a mistrial, noting, "I can't recall when I have been so impressed or proud of my fellow citizens."

He also praised both the prosecution and defense teams for the "professional" presentation of their cases.

Ciccone will be sentenced on March 21, after a presentence investigation is completed. He is being held without bond until that time.

Bazzoli had argued Ciccone deliberately ran down his wife, with whom he had been separated, after the argument. Ratliff had argued that Ciccone had lost control of his car as he attempted to pass her on the road, and had accidently struck her.

"This case isn't about the death of Kathleen Ciconne," Bazzoli said in his closing arguments last Tuesday. "It's about her life in the months leading up to her death. It's about why she had to be alone on a dusty road in Tippanuk Subdivision."

Reminding the jury of the events that led to Kathleen's death, he reviewed her prenatal appointment followed by the couple's participating in a marriage counseling session. He noted Ciconne became angry during the session and left, but returned. Kathleen was seen after the session waiting for prescriptions to be filled, smiling and leaning against her husband. On their way back to Kathleen's mother's house, they picked up lunch at Burger King.

"But Kathleen never made it (to her mother's house)" Bazzoli said. "Something happened.... Something went terribly wrong."

He described the scene at the entrance to K&R Ranch, with food and clothing strewn around. Ciconne had described the encounter as a "tiff," but Bazzzoli said it was a "full blown fight," with Kathleen walking (in what Ciconne described as a "huff") up to road to a neighbor's home rather than go to her own house, where her mother was not present."

He asked the jury, "What does Albert Ciconne do while she was walking up the road? He cleans out his car, sits and lights up a cigarette, rolls down the window and buckles his seat belt." Ciconne had said that he watched Kathleen walk up the road.

Bazzoli said that as Kathleen walked up Ditto Creek Road, she could hear Ciconne rev his engine and hear the tires peel out. She could hear him going through the gears as he drove up the road toward her.

Illustrating with photographs projected on a screen, the prosecutor speculated she must have partly turned to look back down the road because Ciconne struck her on he left side with enough force to send her flying 75 feet in the air, flipping over and coming to rest against a tree.

He pointed out that Ciconne did not look at Kathleen or attempt to help her, but instead walked off down the road and into the desert.

During his interview with Detective Cathy Wolfe, Ciconne said he didn't approach her body. He said," she was posed like a corpse." He also said that Ciccone believed he had gotten the car up to 50 or 60 mph but that he had just "clipped" Kathleen.

Bazzoli noted that during the interview, rather than being in remorse for the loss of his wife and child, Ciconne spent much of the time complaining about Kathleen, accusing her of violent mood swings and blaming her for their problems.

Terry Ratliff began closing arguments for the defense by describing "the tragedy this had been for Kathy Figueredo and June Ciconne," the mothers of Kathleen and Albert Ciccone.

Throughout the difficult morning Kathy Figueredo sat stiffly, holding her emotions in check, while June Ciconne quietly wiped away tears. During a break in the proceedings the two women gave each other a supportive hug.

Because June Ciccone was a witness, and didn't testify until the final day of the trial, she had not been allowed to attend most of the proceedings since witnesses had been excluded from court until their testimony was completed.

Ratliff asked the jury to look for the truth in the evidence presented. He said that in their statements, Darlene Shaw, in whose yard Kathleen had wound up, and EMT Butch Hansen, had both gone beyond a witness's testimony into acting as advocates for Kathleen.

He also brought to the attention of the jury the fact that Det. Wolfe conducted her interrogation of Ciccone by using "lies and sleep deprivation."

He described Ciconne as a man trying to make a tumultuous relationship work. He had applied for base housing and was going with Kathleen to counseling. Reading from a Family Advocacy questionnaire, Ratliff said that Kathleen reported no history of violence in their relationship.

Ratliff challenged the state's interpretation of Ciconne's actions after the accident. He said Ciconne's confusion and temporary amnesia was consistent with a person in trauma and pointed out testimony that had stated different people react to trauma in different ways.

He disagreed with the prosecution's charge of premeditation, describing Ciconne as driving off to go home and challenged the evidence that attempted to show that Ciconne had deliberately driven off the road to hit Kathleen.

Ratliff stated that, yes, Albert Ciconne had been reckless and stupid and that he would suffer for that stupidity the rest of his life. He said that Ciconne's recklessness had cost him everything -- his wife and his unborn child.

He insisted that Ciconne had no intention of running Kathleen Ciconne down. Ratliff said it was a tragic accident.

In rebuttal, Bazzoli said that the evidence did show malice aforethought and with silence in the court room for a full minute, dramatically illustrated the length of time it would take for Ciconne to sit in his car, light a cigarette, consider his actions and drive his car up the road to strike his wife.

He concluded with three projected images; first of Kathleen pretty, happy and alive, second with a morgue photograph of Kathleen as she looked after being struck by the Neon, and the last image was of the deceased fetus of Kathleen and Albert Ciconne.

But in the end, it was less of matter of whether or not Ciccone had struck his wife with his car or not, that wasn't in dispute, but his intentions at the time that the jury had to determine.

The jury decided it was not an accident, or an action taken "in the heat of passion" at "the spur of the moment," but rather a deliberate act.

"He had the opportunity to make a decision" while he sat in his car, Bazzoli said in comments after the trial. "He made a conscious decision to take the life of Kathleen and their unborn child."

Following the announcement of the verdict, when asked if there was anything she wished to say on her son's behalf, a distraught June Ciccone at first turned away and collapsed in a chair weeping.

She then gathered herself and said as emphatically as she could through her tears, "People don't know! They don't know. He would never have hurt Kathleen. He just wasn't like that. People don't know what he was like. He would never do that!"

June's husband, Lew, had been standing above her and added bitterly, "There's a lot of things that didn't come out in that trial. A lot of things the jury didn't know. They didn't hear from some people and they didn't know about the perjury," he said, without providing any specifics.

For Kathleen Ciccone's family, the verdict was equally emotional.

Her sister, Jessica, broke down in tears, crying out, "she's free, she's free," and then ran from the courtroom for several minutes before returning to be with the rest of her family.

Kathleen's mother, Kathy Figueredo, put a hand over her mouth and took several very deep breaths as she strove to control her emotions at the verdict, then accepted the tearful hugs of friends, family, and law enforcement officials who had worked the case.

A devout Christian, after the trial she told reporters, "I praise the Lord that justice was done.

"We know she's free where she is now," she said, speaking of her daughter. "She'll never shed a tear again. She has her baby in her arms."

Mrs. Figueredo said it had been difficult for her to go back to the ranch off Ditto Creek. "I didn't pick up her room until after her birthday," she said, quietly. "Now, maybe I can go back."

She offered her praise for the detectives and the prosecutor's office for their support during the last two years. "Everybody has been wonderful," she said.

Bazzoli also offered his appreciation for the work of the Elmore County Sheriff's Office, the Air Force's Office of Special Investigations (Ciccone had been an airman at the time of the incident), and the Idaho State Police. "A lot of people worked a lot of hours to make this happen," he said.

He pointed out that "two persons were killed that day on Ditto Road," and indicated that he probably would seek life without parole during the sentencing phase of the trial, which begins March 21. At that time family members will be allowed to testify concerning the impact the murder has had on their lives.

Between now and then there will be a number of post-trial maneuvers by both sides.

Ratliff indicated he has several appeals pending. "The verdict," he said," appears to be inconsistent," with the jury finding Ciccone guilty of first-degree murder in the death of his wife, and only second-degree murder in the death of the fetus she was carrying.

He also will appeal the fact that Ciccone was charged with the death of the fetus, pointing out that the law allows an abortion in the first trimester, yet state law also allows prosecutors to seek charges in the death of a fetus that old.

But Bazzoli noted on that point, "regardless of your politics and beliefs, the statute is clear."

Ratliff also said that he believed Ciccone's right to a speedy trial may have been violated.

Ratliff has 45 days to file an appeal after sentencing. At that point, the state attorney general's public defender's office, and its prosecutorial office, handle each side of the appeal process.

Bazzoli also had high praise for the county's citizens and the juror pool.

"Between the Severson case, which with the jury selection lasted about eight weeks, and this case lasting a good month, jurors have shown over and over again their patience, and their desire to be fair and impartial.

"I'm amazed at how few tried to get off (the jury list). It speaks volumes for the people in this community," he said, noting that, "jury service, by its nature, is a hardship."

Bazzoli added that he was glad to have the two murder trials, which were virtually back to back, behind him. "Now, we can get back to doing all the other things we're supposed to be doing" in his office, he said, praising the rest of his staff for picking up the load while he was involved in the two murder cases.

Before the Ciccone sentencing, however, Bazzoli must prepare for the Severson sentencing, which is scheduled to begin on Feb. 22.

Both men are facing potential sentences of up to life in prison without parole for the murders of their wives.