Michael Apelt

Background

Michael Apelt and his brother, Rudi, came to Arizona from West Germany and began “courting” numerous women. Michael eventually met Cynthia Monkman and married her in October 1988. Michael applied for $400,000 in life insurance on Cynthia one month after they married.

The offence

The policies became effective on December 22, 1988. On the night of December 23, Michael and Rudi took Cynthia into the desert near Apache Junction and killed her by stabbing her numerous times in the chest and back and cutting her throat. Michael and Rudi returned to Mesa. In the early morning hours of December 24, Michael called the police and reported that Cynthia had disappeared. A citizen found the body in the desert later that day.

Investigation

A citizen found Cynthia’s body in the desert later on December 24 after Michael called the police earlier that day and reported that Cynthia had disappeared.

Trial

Michael Apelt’s case was before Presiding Judge Robert R. Bean, with Prosecutor Catherine Hughes.

The trial started on April 18, 1990. The verdict was reached on May 11, 1990.

Rudi Apelt was tried separately. Rudi was convicted of first degree murder and sentenced to death.

Sentencing

Michael Apelt was sentenced on August 10, 1990.

The aggravating circumstances were: Procured commission of the offense; Pecuniary gain; Especially heinous/cruel/depraved. The mitigating circumstances were: None sufficient to call for leniency.

Appeals

PUBLISHED OPINIONS: State v. Apelt (Michael), 176 Ariz. 349, 861 P.2d 634 (1993). The later outcome referenced was that the Arizona Supreme Court overturned a ruling that “none of Apelt’s actions after turning 18 counts as evidence.”

Outcome

Michael Apelt was sentenced to death on August 10, 1990.

Aftermath

A New Times article by Sarah Fenske discussed the case and stated: “A con man may be smart enough to escape death row by pretending he’s mentally retarded. Are we dumb enough to buy it?”

The article also included multiple statements about later proceedings involving a hearing in “next week’s” timeframe, in which Michael Apelt claimed that he was mentally retarded, and referenced that “the judge who heard his case in 1990 is dead.” It stated that Maricopa County Superior Court Judge Silvia Arrellano replaced the judge and that Arrellano had earned a reputation for being sympathetic to the defense. The article also described that Arrellano “has already made several rulings” and referenced that one “bizarre decision” was overturned by the Arizona Supreme Court.

The article quoted or attributed statements and descriptions involving:

• Kathy Monkman, who was described as Cindy’s older sister and as a witness who would testify about what she saw.
• Cathy Hughes, described as a 40-year-old Pinal County prosecutor when she secured convictions against the Apelt brothers, and as having come out of retirement to volunteer her time.

The article provided an IQ-related discussion, including that “When Apelt was 8 years old, he took an IQ test and scored an 88,” and that “Only after the U.S. Supreme Court ruled in 2002 that it was unconstitutional to execute people with mental retardation did Michael Apelt score a 65.” It also stated that Kent Cattani, who “runs the capital crimes unit for Arizona Attorney General Terry Goddard,” said that “more than a dozen death row inmates in Arizona have petitioned to be declared retarded since the court's 2002 ruling,” and that “IQ scores can swing wildly.” The article described advocates’ “two prongs” as low IQ and an inability to adapt successfully to life.

Other details

• Michael Apelt was described as arriving in the United States from his native Germany in 1988, and as being 25.
• The New Times article described his insurance scheme and later communications, including references to “letters he’s written in fluent English to prison officials,” and complaints including “his mail being opened, his need for a typewriter, and even the prison's ‘sandy, unwashed, filthy and rotten breakfast potatoes.’”
• The article stated that Michael Apelt attended a school for students with learning disabilities in Germany and “wasn't particularly successful, even there.”
• The article referred to Maricopa County Superior Court Judge Silvia Arrellano and the Arizona Supreme Court overturning the ruling about actions after turning 18 not counting as evidence.