Joseph Baldi

Case record: Joseph Baldi

Background

Between September 1970 and June 1972, residents of Queens, New York, were terrified by the activities of a nocturnal prowler who invaded homes at random, striking on the weekends, slashing women in their beds. The first fatality occurred September 20, 1970, when Areti Koularmanis was killed in her home. Eighteen months elapsed, with four non-lethal attacks, before the stalker killed again on March 19, 1972.

Joseph Baldi was 31 when police arrested him at 1 a.m. on June 21, in Queens. He was described as 6 foot 4 and 200 pounds and as having a ten-year record of commitment to mental institutions, including several terms at the Creedmore State Hospital in Queens.

A courtroom decision in The People of the State of New York v Joseph Baldi also addressed Baldi’s earlier and separate convictions for unrelated crimes.

The offence

On March 19, 1972, Baldi’s victim was Camille Perniola, age 17, who was stabbed to death while she slept in her parents’ home, in Queens.

On April 13, 1972, the prowler killed Clara Toriello, age 21, in her bed.

On June 13, the prowler reached through an open bedroom window to slash the face of a sleeping teenager, who survived her wounds.

Two days later, in the predawn hours of June 15, another resident of Queens woke to find an armed man climbing through her bedroom window. She was saved by the screams that put him to flight.

On June 17, in Jamaica, Queens, Deborah Januszko was less fortunate. The 16-year-old slept through the intruder’s entry and was stabbed to death.

While there were no reports of any victims being raped, police regarded the attacks as sex crimes. Several times, the prowler made a point of slicing his victim's brassiere, once pausing to slash a bra hanging outside, on a clothesline.

Police spokesmen announced that all four homicides in the series were considered solved with Baldi’s arrest.

Investigation

At 1 a.m. on June 21, police arrested Joseph Baldi and charged him with the murder of Deborah Januszko.

Homicide detectives searched Baldi’s rented room, which was no more than fifty feet from the Januszko home. They found five knives, a pistol, and a stack of porno magazines.

An earlier incident was described as relevant to Baldi’s involvement. Nine months earlier, on September 5, 1971, Baldi had fired shots at policemen who surprised him during the burglary of a woman’s home in Queens.

Legal Aid Society representation was provided for Baldi.

Arrest

In the early hours of September 5, 1971, police received a prowler complaint in Queens. While investigating, two officers saw Joseph Baldi walking down the sidewalk at 5:00 A.M.

When asked by Officer John Hamberger what he was doing in the area, Baldi responded that he had just left his girlfriend and was on his way to work.

Officer Hamberger asked for identification after being dissatisfied with Baldi’s answers to further questions. Baldi reached for his pocket as though to take out his wallet but instead produced a pistol, pointed it at the officer’s chest, and pulled the trigger. Fortunately, the gun misfired. The officers wrestled Baldi to the ground and disarmed him.

Baldi was handcuffed, arrested, and placed in the police car. After being read the Miranda warnings, he was searched. Live ammunition was found in the gun, which was operable, and more ammunition was found in defendant’s jacket.

In addition, there were found in Baldi’s wallet a license, registration, and Social Security card belonging to a woman who lived nearby. Baldi claimed he had found the items on the street. Subsequent investigation revealed that the woman’s handbag, found the next day in a trashcan, had been stolen from her dining room table earlier that night.

Hospitalization and psychiatric observation

Baldi was indicted in December 1971 for, among other charges, attempted murder of a police officer, burglary, and possession of a weapon.

Baldi was found to be incompetent to stand trial after examination at Kings County Hospital. He was then sent to Mid-Hudson State Hospital and then to Creedmoor State Hospital.

In February 1972, Baldi was released from Creedmoor without notice to the District Attorney or the court.

The decision also stated that examination of the suspect’s hospital records revealed that Baldi was free on the nights when each of the ten attacks took place in Queens.

The decision recorded that the doctor who signed his release papers “didn't know” that Baldi was charged with attempted murder of a police officer.

Trial

Joseph Baldi was convicted after separate trials for unrelated crimes committed nine months apart.

The first judgment, entered November 24, 1974, convicted defendant of attempted murder, burglary in the second degree, and felonious possession of weapons.

The second judgment, entered January 16, 1975, convicted defendant of murder in the second degree.

The Appellate Division, Second Department, reversed both convictions on the ground that Baldi was denied the effective assistance of counsel. The People appealed from the order of reversal.

Appeals

The case was decided in The People of the State of New York, Appellant, v Joseph Baldi, Respondent, with the citation 54 NY2d 137.

• Argued September 16, 1981
• Decided October 29, 1981

The opinion was given by Chief Judge Cooke.

The court stated:

An attorney who presents a well-grounded but unsuccessful defense will not later be held to have provided ineffective assistance of counsel, and thus a defendant will not be entitled to a vacatur of his conviction on such basis.

The opinion further stated:

It also stated that the Appellate Division’s order reversing both convictions was now reversed.

Sentencing

The current status stated that Baldi was sentenced to 25 years to life in 1975.

Outcome

Police regarded the attacks as sex crimes despite no reports of any victims being raped.

Baldi’s convictions for attempted murder, burglary in the second degree, and felonious possession of weapons were tied to a judgment entered November 24, 1974. Baldi’s conviction for murder in the second degree was tied to a judgment entered January 16, 1975.

The Appellate Division, Second Department, reversed both convictions, but the higher court later reversed the Appellate Division’s order.

Timeline

• September 5, 1971 — Police received a prowler complaint in Queens; officers saw Joseph Baldi walking at 5:00 A.M.; Baldi produced a pistol, pointed it at Officer John Hamberger’s chest, and pulled the trigger (the gun misfired); Baldi was arrested after officers wrestled him to the ground and disarmed him; live ammunition and other ammunition were found after Miranda warnings.
• September 20, 1970 — Areti Koularmanis was killed in her home.
• March 19, 1972 — Camille Perniola, age 17, was stabbed to death while she slept in her parents’ home, in Queens.
• April 13, 1972 — Clara Toriello, age 21, was killed in her bed.
• June 13, 1972 — A sleeping teenager survived after the prowler reached through an open bedroom window to slash her face.
• June 15, 1972 — A resident of Queens woke to an armed man climbing through her bedroom window; screams put him to flight.
• June 17, 1972 — Deborah Januszko, age 16, was stabbed to death in Jamaica, Queens.
• June 20, 1972 — Detective Donald Palmer spotted Baldi while staking out the Januszko neighborhood; Baldi stated he was attending a trade school.
• June 21, 1972 — At 1 a.m., police arrested Joseph Baldi and charged him with the murder of Deborah Januszko; detectives searched his rented room near the Januszko home and found five knives, a pistol, and porno magazines.
• November 24, 1974 — First judgment entered: conviction for attempted murder, burglary in the second degree, and felonious possession of weapons.
• January 16, 1975 — Second judgment entered: conviction for murder in the second degree.
• 1975 — Status recorded as “Sentenced to 25 years to life in 1975.”
• October 19, 1971 — Baldi was committed for psychiatric observation.
• November 30, 1971 — Baldi was transferred to Creedmore.
• January 21, 1972 — Baldi was released, “by mistake,” as described in the case summary.
• February 1972 — Baldi was released from Creedmoor without notice to the District Attorney or the court.
• September 16, 1981 — The case was argued.
• October 29, 1981 — The case was decided.

Other details

Baldi identified himself on June 20, 1972, when Detective Donald Palmer spotted him while staking out the Januszko neighborhood, and he stated that he was attending a trade school in the area.

The opinion quoted that Baldi was released “by mistake,” and it also included the statement that the doctor who signed his release papers “didn't know” that Baldi was charged with attempted murder of a police officer.