Timothy Boczkowski

Timeline

• 4 November 1990 — Emergency personnel were summoned by a 911 call to the Boczkowski family's apartment in Greensboro; rescue personnel found Timothy Boczkowski attempting to perform CPR on his wife Elaine, who was lying nude on the floor; Elaine was pronounced dead at 4:16 a.m.
• 12 November 1996 — The judgment was entered by Judge Catherine C. Eagles in Guilford County Superior Court.
• 1 November 1996 — Timothy Boczkowski was convicted of the first degree murder of Mary Elaine Pegher Boczkowski and was sentenced to life in prison.
• 17 August 1998 — The Court of Appeals heard the appeal.
• 7 November 1994 — Greensboro detectives were notified that Timothy Boczkowski’s second wife, Mary Ann, had died in Pennsylvania under circumstances similar to Elaine’s death.
• 15 September 1998 — The North Carolina appellate decision in State of North Carolina v. Timothy Boczkowski was filed (No. COA97-1102).
• 6 May 1999 — A Pennsylvania death penalty verdict was delivered by an Allegheny County jury for first-degree murder in the death of Timothy Boczkowski’s second wife.
• 2004 — The state Supreme Court ordered that the death sentence be overturned; Judge Kathleen Durkin gave a second life sentence.
• 24 March 2004 — The state Supreme Court overturned the death sentence and ordered Timothy Boczkowski to be sentenced to life in prison without parole for the 7 November 1994 strangulation of his 36-year-old wife, Maryann.

Background

Timothy Boczkowski was a husband whose wives were killed in circumstances that were treated as similar in later proceedings. The “Bluebeard” description was used in connection with him as a slayer of wives for insurance. He was convicted in North Carolina in connection with the death of his first wife, Mary Elaine Boczkowski, and was later convicted in Pennsylvania in connection with the death of his second wife, Maryann/Mary Ann (Mary Ann/Maryann Boczkowski).

The offence

Death of first wife (North Carolina)

Emergency personnel were summoned by a 911 call to the Boczkowski family's apartment in Greensboro on 4 November 1990. Rescue personnel from the Greensboro Fire Department and Guilford County Emergency Medical Services were directed into the family's second floor bathroom by the family's three children. They found defendant Timothy Boczkowski attempting to perform CPR on his wife Elaine, who was lying nude on the floor. Elaine was not breathing and had no pulse. The rescuers attempted to resuscitate her, but failed. Elaine was rushed to the hospital, where she was pronounced dead at 4:16 a.m. Defendant told officers he was estranged from his wife, although they were still living together. He said they had separately attended their church social that evening, and that his wife had been drinking alcoholic beverages before the church function. Defendant stated he came home alone around 12:40 a.m. and gave different versions of the ensuing events.

In one version, he claimed he was listening to headphones while asleep in the master bedroom and was awakened when he heard a noise in the bathroom. Defendant stated he used a screwdriver to pop the lock of the bathroom door when he got no answer after knocking. In another version, he stated that he was listening to music downstairs on the headphones and heard a noise in the bathroom, and that he took the hinges off the door to gain entry into the bathroom.

In both versions, defendant claimed he found Elaine lying on her back in the tub with her head under water. He said he pulled her head up, placed her nightgown under her head, and pushed on her stomach to force water out. Defendant stated that vomit came out of her mouth instead of water. Defendant then lifted Elaine out of the bathtub, again tried to force water from her by pushing and squeezing her abdomen, and attempted CPR to revive her. After unsuccessfully attempting to revive his wife, he called 911.

Dr. Deborah Radisch, Associate Chief Medical Examiner for North Carolina, performed an autopsy. Dr. Radisch found several bruises on Elaine’s arm and a diagonal pattern of three parallel lines measuring 9-11 inches long impressed on Elaine’s stomach. She found five fresh bruises on the interior of Elaine’s scalp and testified that only one of the five bruises could have resulted from someone falling and hitting their head in the bathtub. The toxicology report indicated that Elaine did not have alcohol or anti-depressant drugs in her blood when she died. Dr. Radisch could not determine the cause of Elaine’s death, but she opined that Elaine did not die from drowning. Elaine’s death certificate indicated that her cause of death was “undetermined,” and the investigation into her death remained open.

During the later trial discussed in the appellate decision, defendant presented evidence that Elaine accidentally drowned in her bathtub.

Death of second wife (Pennsylvania)

On 7 November 1994, Greensboro detectives were notified that defendant's second wife, Mary Ann, had died in Pennsylvania under circumstances similar to Elaine’s death. Defendant gave several versions of the happenings surrounding his wife's death.

Defendant claimed Mary Ann had consumed fourteen beers and some wine on the day she died. In several versions, defendant claimed he left his wife in their hot tub while he went to shower or to use the bathroom. Defendant claimed that when he returned ten to fifteen minutes later, he found Mary Ann unconscious in the hot tub. Emergency medical personnel and police pulled Mary Ann out of the water and tried to revive her. Paramedics learned that defendant had previously attempted to resuscitate Mary Ann.

Detectives interviewed defendant and noted that defendant had scratch marks on his neck and a fresh nick on his left thumb. They asked defendant to remove his shirt and saw fresh red scratch marks on his back and sides. Defendant claimed he was sunburned and Mary Ann had given him a scratch massage, but detectives noticed that defendant’s skin was pale.

Mary Ann’s autopsy revealed multiple bruises and abrasions on her body, including two bruises on her neck. Dr. Leon Rozin found five different bruises on the interior of Mary Ann’s scalp. All of the bruises were fresh and had been sustained shortly before Mary Ann’s death. Dr. Leon Rozin concluded that Mary Ann had died as the result of homicide by manual strangulation and not by natural causes.

Defendant was charged in Pennsylvania with murdering Mary Ann and in Guilford County, North Carolina, with murdering Elaine. During the trial in the proceeding described in the appellate decision, defendant presented evidence that Mary Ann died as a result of a heart attack while in their hot tub. A prosecutor later said the jury found first-degree murder in Pennsylvania in the death of his second wife.

Investigation

Evidence from both deaths became intertwined after the police found Boczkowski trying to revive Maryann in a hot tub at their home. North Carolina officials charged Boczkowski with the 1990 murder of Elaine after his arrest in Allegheny County and asked for his extradition.

When his second wife’s death occurred, Greeneboro detectives were notified of her death in Pennsylvania on 7 November 1994. Defendant gave several versions of events and police observed scratch marks and a fresh nick. Investigators also noted defendant's skin appeared pale despite his claim of sunburn.

The first wife’s investigation had remained open because Dr. Radisch could not determine the cause of Elaine’s death and the death certificate listed the cause of death as “undetermined.”

Arrest and extradition issues

North Carolina authorities charged defendant in connection with the North Carolina murder and asked for extradition. Allegheny County Common Pleas Judge Kathleen Durkin agreed to extradite Boczkowski, but only after he was tried in Pennsylvania.

A later appellate description stated that then-Deputy District Attorney W. Christopher Conrad circumvented Durkin's ruling and allowed Boczkowski to be sent to North Carolina for trial. Justice Ronald D. Castille wrote: “When a governing court order exits,” it is “for the court and not a party to unilaterally modify or nullify that order.” The state Supreme Court said the death penalty verdict was invalid because the extradition was illegal and the jury had been unfairly swayed by his first conviction. Justice J. Michael Eakin agreed the guilty verdict should be preserved but dissented that the death penalty should not have been overturned. Eakin wrote there was no evidence of malicious intent behind the decision to extradite Boczkowski.

Allegheny County District Attorney Stephen A. Zappala Jr. issued a statement saying the error in the case occurred before he took office in 1998. The statement read: “I accept the opinion of the Pennsylvania Supreme Court as the final statement in this matter.”

James Herb, Boczkowski's lawyer, said he was pleased that the death penalty was overturned and said: “But we are disappointed the court did not grant him a new trial,” adding that he would review the ruling before deciding on an appeal.

Trial

North Carolina trial (Elaine)

In North Carolina, the appellate decision described the trial and evidence introduced in the prosecution of defendant for the murder of his first wife, Elaine.

Defendant presented evidence that Elaine accidentally drowned in her bathtub. The State presented contrary evidence from witness Randy Erwin, who shared a cell with defendant in a Pennsylvania jail after defendant’s arrest for murdering Mary Ann. Erwin testified that he was reading a newspaper article about Mary Ann’s and Elaine’s murders when defendant approached him and boasted, “I'm famous . . . I'm the hot tub man.” Erwin testified that he asked defendant why defendant killed both women the same way and defendant replied, “I don't know. That was stupid, wasn't it?”

The appellate decision stated that on 1 November 1996, defendant Timothy Boczkowski was convicted of the first degree murder of Mary Elaine Pegher Boczkowski and sentenced to life in prison. The judgment was entered on 12 November 1996 by Judge Catherine C.

Pennsylvania trial (Maryann)

The state Supreme Court ruling later described that in 1999 an Allegheny County jury found him guilty of first-degree murder in the death of his second wife. The trial jury sentenced him to death based on the aggravating factor that his first wife had died in a similar manner.

The appellate record stated that defendant was sentenced to death in Pennsylvania and that later the death sentence was overturned. The Pennsylvania death penalty verdict occurred on 6 May 1999. On 24 March 2004, the state Supreme Court ordered the death sentence overturned and ordered a sentence of life in prison without parole for the strangulation of his wife Maryann. The court described the conviction as being upheld and ordered resentencing.

Appeals

North Carolina appeal (State of North Carolina v. Timothy Boczkowski)

Defendant appealed from the judgment entered 12 November 1996 by Judge Catherine C. The Court of Appeals heard the appeal on 17 August 1998. The filed decision was on 15 September 1998 (No. COA97-1102).

The appellate decision addressed the following contentions by defendant:

1. Denial of his Rule 403 motion to suppress evidence of the subsequent death of his second wife in Pennsylvania. The court held evidence of circumstances around the death of defendant’s second wife, Mary Ann, was properly admitted in the prosecution of defendant for murder of his first wife to show that the first wife’s death was not an accident. The trial court’s findings of similarities were listed, including: both victims were married to defendant at their deaths; both died at the home they shared with defendant with defendant present; defendant was the last person to see each wife alive and was performing CPR when emergency personnel arrived; one death occurred in or around a bathtub and the other in or around a hottub; defendant made statements in both cases that his wife had accidentally drowned; defendant made statements about drinking problems contributing to the deaths; both women were similar physically and were approximately the same age and weight; both women died on a Sunday; and insurance money was involved in both incidents. The appellate court concluded the trial court did not err in admitting the evidence and overruled the assignment of error.
2. Admission of testimony of 17 witnesses about the death of his second wife. The appellate court held defendant did not show unfair prejudice and the trial court did not abuse its discretion, overruling the assignment of error.
3. Denial of defendant’s request for an instruction clarifying the jury that defendant was only on trial for the death of his first wife. The appellate court described the jury instruction given, stating:

   Now, evidence has been received tending to show that Mr. Boczkowski's second wife Mary Ann Boczkowski, died under similar circumstances. This evidence was received solely for the purpose of showing that Mr. Boczkowski had the intent, which is a necessary element of the crime charged in this case, and for the purpose of showing the absence of accident, and explaining some of the circumstances, including any delay in charging Mr. Boczkowski, arising during the investigation. If you believe this evidence, you may consider it, but only for that limited purpose and for no other purpose.

The appellate court held the instructions conveyed what defendant requested and overruled the assignment of error. 4. Admission of hearsay statements by defendant's daughter Sandy Boczkowski as excited utterances. The appellate court held the statements were admissible. It described that defendant objected to introduction of statements allegedly made within hours after Elaine’s death by his daughter Sandy to Gerri Minton, a family friend and member of the Boczkowski family's church. A voir dire hearing occurred and the trial judge ruled the statements admissible under N.C. Gen. Stat. § 8C-1, Rule 803(2). The appellate court described that as emergency personnel arrived, the three children were taken to a neighbor's apartment until later that morning; Gerri Minton arrived at approximately 10:00 a.m. and Sandy told her she heard her parents arguing and her mother telling defendant, “No, Tim, No; Stop.” Later that same day Minton walked upstairs with Sandy to help pack clothes to spend the night at someone else’s house and Sandy repeated that she had heard her parents arguing and her mother tell defendant, “No, Tim, No; Stop.” Defendant argued the statements were inadmissible because they were responses to questioning and because at trial Sandy testified she did not make these statements. The appellate court held that even if made in response to questions, the statements did not necessarily lose spontaneity, and Rule 803(2) allowed admission regardless of the declarant’s later testimony, and the court overruled the assignment of error.

The North Carolina appellate decision concluded: “No error.”

The decision also noted that defendant’s brief failed to address numerous assignments of error including numbers 1, 3-16, and 18-25, and those issues were abandoned. It listed counsel for the State as Attorney General Michael F. Easley, by Special Deputy Attorney General Thomas F. Moffitt, and for defendant appellant as Appellate Defender Malcolm Ray Hunter, Jr., by Assistant Appellate Defender J. Michael Smith. The appellate decision listed the concurrence of Chief Judge EAGLES and Judge MARTIN.

Pennsylvania appeal and supreme court rulings

A Pennsylvania Supreme Court order overturned the death sentence. The court ordered Timothy Boczkowski to be sentenced to life in prison without parole for the strangulation of his 36-year-old wife, Maryann, based on the Nov. 7, 1994 strangulation of his 36-year-old wife. The court was described as a 5-1 ruling upholding the first-degree murder conviction but overturning the death penalty verdict.

The court said the Allegheny County District Attorney’s Office erred in allowing Boczkowski to be tried for the North Carolina murder first, and described that the 1996 first-degree murder conviction in North Carolina for Elaine’s death had been the sole legal basis for the Pennsylvania death sentence. The court ruled Boczkowski should have been tried first in Allegheny County, making the death penalty verdict on May 6, 1999, invalid.

Justice Ronald D. Castille wrote that: “When a governing court order exits,” it was “for the court and not a party to unilaterally modify or nullify that order.” Justice J. Michael Eakin wrote a dissenting opinion agreeing the guilty verdict should be preserved but stating the death penalty should not have been overturned and stating there was no evidence of malicious intent behind the extradition decision. The state Supreme Court later ordered the death penalty overturned and resentencing.

Sentencing

North Carolina sentencing

On 1 November 1996, the Guilford County Superior Court convicted Timothy Boczkowski of first degree murder of Mary Elaine Pegher Boczkowski and sentenced him to life in prison.

Pennsylvania sentencing and resentencing

In 1999, an Allegheny County jury found Timothy Boczkowski guilty of first-degree murder in the death of his second wife. The jury sentenced him to death based on the aggravating factor that his first wife had died in a similar manner. The death sentence was later overturned in 2004 due to illegal extradition and unfair influence of his first conviction.

On 24 March 2004, the state Supreme Court ordered Timothy Boczkowski to be sentenced to life in prison without parole for the Nov. 7, 1994 strangulation of his 36-year-old wife, Maryann.

Outcome

A petition for a new trial was denied by Allegheny County Common Pleas Judge Donna Jo McDaniel. She denied Timothy Boczkowski’s request for a new trial in connection with the November 1994 strangulation of his second wife, Maryann. The state Supreme Court had previously overturned the death sentence and ordered resentencing.

Aftermath and related figures

Defense lawyer Erika Kreisman argued that the trial lawyer, James Herb, who got the state Supreme Court to overturn the death sentence, was ineffective because he did not request a new trial altogether. Kreisman argued that Timothy Boczkowski was not able to call his brother as a character witness and that he would have been able to take the stand if not for the illegal extradition and prior conviction. She said that without a prior murder conviction, he would not have had a “murder-prone,” “death qualified” jury hear his case.

James Herb said that despite appearances, “the dissimilarities were greater than the similarities” in the two deaths. Herb stated the defendant had separated from his first wife and “the marriage was going nowhere.” Regarding the second death, Herb stated, “there was no indication of marital discord.”

Bluebeard sentencing to life March 24, 2004 was described as a result of the Supreme Court’s reversal of the death sentence while upholding the first-degree murder conviction.

The North Carolina and Pennsylvania murders were described as being entwined soon after police found Boczkowski trying to revive Maryann in a hot tub at their home. North Carolina officials charged him after his arrest in Allegheny County and asked for extradition. Allegheny County’s extradition process was described as involving Judge Kathleen Durkin’s ruling and later circumvention by W. Christopher Conrad.

The appellate decision also included the trial court denial rationales and evidentiary rulings for the North Carolina proceeding, including admission of similar-death evidence, admission of testimony from 17 witnesses, and admission of Sandy Boczkowski’s excited utterance statements attributed verbatim to “No, Tim, No; Stop.”