Cesar Laurean

Case record: Cesar Laurean

Background

Cesar Laurean was a former United States Marine and a corporal. He was 23 at the time he was sentenced. He was of Mexican birth and was a naturalized U.S. citizen in 2003. He was born in Mexico and was said to have been born in Guadalajara. He was raised in Nevada.

Cesar Laurean worked in the same logistics unit at Camp Lejeune, North Carolina, that is home to about 50,000 Marines.

Lance Cpl. Maria Lauterbach was 20 years old and of Vandalia, Ohio. She was a United States Marine who went missing from Marine Corps Base Camp Lejeune, North Carolina on December 14, 2007. At the time of her disappearance, Lauterbach was eight months pregnant. She grew up in Dayton and attended Butler High School in Vandalia, Ohio. She joined the Marines on June 6, 2006. She was a personnel clerk assigned to Combat Logistics Regiment 27, 2nd Marine Logistics Group, II Marine Expeditionary Force.

During the period relevant to the case, Lauterbach accused Laurean of sexually assaulting her and she had an allegation that threatened to derail his military career that had earned him promotions and praise. Marine Corps officials said Laurean denied having any sexual contact with Lauterbach and denied violating a military protective order directing him to stay away from Lauterbach while she reported the accusation.

Lauterbach’s adoptive mother, Mary Lauterbach, was involved with reporting and later statements. Tony Harris of CNN reported on January 12, 2008, that Lauterbach never felt that her adoptive parents treated her as well as their natural children.

The offence

Lance Cpl. Maria Lauterbach was killed. Prosecutors said blunt force trauma to the head was the official cause of death. The autopsy results classified her neck wound as post-mortem and insufficient to causing death. Authorities stated that Lauterbach’s charred corpse was discovered nearly a month later in a hole under a firepit Laurean built over the grave. A medical examiner determined Lauterbach was killed December 15 by some type of blunt trauma to the head.

Lauterbach was seven months pregnant when she died, and authorities also found the remains of her unborn child. A pregnancy test and subsequent testing were discussed in the case background, and doctors estimated the date of conception to be May 14.

Prosecutors stated that before Lauterbach was last seen alive, she withdrew $700, left a note for her roommate saying she was quitting the Marines, and bought a bus ticket to El Paso, Texas, on the Mexican border.

A Marine buddy, Lance Cpl. Blake Costa, testified that Laurean told him Laurean wanted to tell Lauterbach she could stay with his relatives in Mexico, where he would send her money and join her later. The same Marine buddy testified that Laurean told him the sex was consensual. Laurean’s defence presented a competing theory.

In closing argument and trial narrative presented at the time, District Attorney Dewey Hudson argued that even if the rape accusation was false, Laurean faced having his career derailed for committing adultery with a subordinate. Hudson also said that Laurean had hoped to be cleared to continue his career and that once Lauterbach was declared a deserter her credibility within their unit would be destroyed.

Investigation

A federal warrant for unlawful flight to avoid prosecution was issued for Laurean’s arrest on January 12, 2008. The Federal Bureau of Investigation and the Naval Criminal Investigative Service issued a wanted flier on him. A $25,000 reward was offered by the FBI and $5,000 was offered from the state of North Carolina for information leading to his capture.

Onslow County had primary jurisdiction, and the Judge Advocate General’s office may bring charges as well, including charges stemming from Laurean’s deserter status.

During the investigation, it was reported that Laurean had tried to clean up the scene. Authorities found a large quantity of Lauterbach’s blood in Laurean’s house in Jacksonville, North Carolina. During a press conference on January 11, 2008, Onslow County Sheriff Ed Brown reported the death of Lauterbach and stated that authorities “had gotten physical evidence of the woman's death that also linked Laurean to the death.”

Lauterbach’s burned remains and her unborn child were found in a fire pit in Laurean’s backyard. Investigators excavated the fire pit and reported that charred human remains of an adult and a fetus were unearthed, with the adult female located near the abdomen region of the female.

Authorities filed murder charges after discovering the remains.

Lauterbach’s abandoned car was recovered at the bus stop, but the ticket to El Paso was never used.

Autopsy reports discussed that there was a superficial four-inch wound to the left side of Maria’s neck, and that Laurean might have made the cut there after her death to corroborate a suicide story. Authorities believed the baby died in utero.

Lauterbach’s rape accusation was not corroborated, and it was described that a Marine buddy testified Laurean told him the sex was consensual. A DNA test was described as later proving Laurean was not the father of Lauterbach’s child.

A note was found by Laurean’s wife in which Laurean claimed Lauterbach committed suicide by cutting her own throat during an argument at the Laurean home. Authorities rejected this claim, deeming it impossible, and the autopsy results supported murder in the initial investigation with blunt force trauma to the head as the official cause.

Arrest and extradition

Law enforcement officials took pains to publicly applaud Mexican law enforcement officials’ work in capturing Laurean and to reassure Mexico that he would be treated fairly if and when extradited to the United States. Onslow County Sheriff Ed Brown said: “While Laurean's crime was horrible -- to say the least -- Cesar Laurean is not an animal,'' “He's a human, and he's not a trophy. Laurean, when he comes back to the sheriff's office, will be treated just as any other inmate; he is not a high-profile inmate. He will be just like any other inmate housed in this Onslow County jail.”

Lauterbach’s remains were found and the investigation led to a multi-jurisdiction manhunt.

Prosecutors said they would not seek the death penalty only if he was arrested in Mexico. District Attorney Dewey Hudson said the agreement to not seek the death penalty applied only if he was arrested in and extradited from Mexico.

On April 10, 2008, the FBI announced that Laurean had been apprehended in Tacambaro, Michoacan, Mexico. Mexican officials issued an arrest warrant for Laurean as a suspect of killing his pregnant colleague. Interpol also issued an international wanted notice for Laurean.

It was reported that Laurean told arresting authorities he had only about 10 pesos—roughly $1—when he was captured, supporting the notion that Laurean’s family had cut him off.

An attorney for Lauterbach’s family reported that the victim’s mother received a call from the FBI confirming capture around 9 p.m. Thursday.

Prosecutors and defense actions were affected by the extradition process, which was described as involving appeals and potential timeframes.

On April 17, 2009, the FBI announced that Laurean had been extradited to the United States and was being held in the Onslow County jail.

Trial

A grand jury delivered an indictment against Laurean on a charge of first-degree murder in the death of Lance Cpl. Maria Lauterbach.

The trial was moved because of extensive pretrial publicity. In December, an Onslow County judge agreed that the trial should be moved to a different county due to extensive media coverage, and scheduled it to begin on June 28, 2010. In January 2010, Wayne County was selected.

Lauterbach’s charred remains and her unborn child had been found in a fire pit in Laurean’s backyard.

Defense lawyer Dick McNeil told the court Laurean would appeal his conviction.

During sentencing, the victim’s mother, Mary Lauterbach, read a tearful statement. She told Laurean to remember the pain in his mother’s face and to think of the daughter who will have to live with the shame of a father who is a killer. Mary Lauterbach said: “Now you will have time to think about your shame, time to think about your failures,'' “There are many people out there who will die today, people who would love to have the time that God has given you.”

One juror said the panel did not believe the defence’s theory that someone else, perhaps Laurean’s enraged wife, could have killed Lauterbach with a single swing of a crowbar that fractured her skull. Juror Brenda Peters said: “The thought entered out minds, but everything pointed to the fact that he is the one who did this crime,'' “We went back over every speck of evidence that there was, piece by piece. That's how we reached our verdict.”

Neither Laurean nor his wife testified during the trial.

The jury consisted of seven women and five men and deliberated for three hours Monday before convicting Laurean.

Lance Corporal Maria Frances Lauterbach was identified as having lived from November 17, 1987 to December 2007.

Lauterbach’s earlier statements and rape allegations were discussed, including that Lauterbach claimed she had been raped by a fellow Marine and that the investigation had gone sour. Mary Lauterbach told police that her daughter claimed she had been raped by a senior Marine at her command and that the investigation had gone sour. A Marine command decided about an Article 32 hearing and protective orders.

It was also stated that Col. Gary Sokoloski said Laurean denied having any sexual contact with Lauterbach, and Sokoloski also said: “At no time did she indicate that she was threatened by Cpl. Laurean,'' “When she was asked if she felt threatened by Cpl. Laurean, she said she did not feel threatened.”

Sentencing

On August 23, 2010, Laurean was convicted of first-degree murder and other charges.

He was sentenced to life in prison without the possibility of parole for first-degree murder. On August 24, 2010 it was stated that he was sentenced to life in prison.

Before the judge imposed the sentence, Mary Lauterbach read her statement.

District Attorney Dewey Hudson said: “He was a married man. He was her boss. He had sex with her,” “He's damned if he does or damned if he don't.”

The record also described jurors dismissing the defense’s theory that Christina was the real murderer and favouring the prosecution’s argument that Laurean’s desperation to save his career led to the incident.

Appeals

Cesar Laurean’s defence lawyer, Dick McNeil, told the court Laurean would appeal his conviction.

In October 2008, Laurean launched another appeal to the Mexican courts to prevent his extradition, arguing that North Carolina’s life-without-parole sentence for first-degree murder was barred under the countries’ extradition treaty and was considered cruel and unusual punishment. It was described that in North Carolina a person convicted of first-degree murder can only be sentenced to death or life without parole.

Other charges and related findings

In addition to the murder charge, Laurean faced three other charges related to robbing Lauterbach of her bank ATM card and theft and attempted fraud for allegedly trying to use it to withdraw cash. It was stated that he was found not guilty of the robbery charge but was convicted on the fraud and theft charges.

A DNA test would later prove that Laurean was not the father of Lauterbach’s child.

It was reported that Lauterbach alleged in May 2007 that Laurean had raped her in March and April of that year. A pregnancy test soon after was negative, and a test in June was positive. Doctors estimated the date of conception at May 14. Corps officials said Laureerbach met with prosecutors in November 2007 and said she no longer believed Laurean was the father.

Timeline

• December 14, 2007 — Lance Cpl. Maria Lauterbach went missing from Marine Corps Base Camp Lejeune, North Carolina.
• December 15, 2007 — Lauterbach was killed by blunt trauma to the head, as determined by a state medical examiner.
• December 19, 2007 — Command called Maria’s mother and Maria’s cell phone was found near Hwy 24 when a stranded motorist used the phone to call Maria’s sister.
• December 20, 2007 — Maria’s cellphone was found near the main gate at Camp Lejeune.
• December 24, 2007 — An unidentified man withdrew $400 from Maria’s bank account at an ATM in Jacksonville, North Carolina.
• December 26, 2007 — Maria missed an appointment with her obstetrician.
• January 7, 2008 — NCIS learned about the cell phone discovery, the ATM withdrawals, and the Greyhound bus ticket.
• January 8, 2008 — The protective order between Laurean and Maria was reissued.
• January 11, 2008 — Onslow County Sheriff Ed Brown reported the death of Lauterbach at a press conference.
• January 12, 2008 — A federal warrant for unlawful flight to avoid prosecution was issued for Laurean’s arrest.
• January 15, 2008 — A timeline of events related to the disappearance and murder was released by Lt. Col. Curtis Hill.
• January 29, 2008 — Mexican officials issued an arrest warrant for Laurean as a suspect of killing his pregnant colleague.
• April 10, 2008 — The FBI announced Laurean had been apprehended in Tacambaro, Michoacan, Mexico.
• April 17, 2009 — The FBI announced Laurean had been extradited to the United States and was being held in the Onslow County jail.
• June 28, 2010 — The scheduled trial start date was set after the change due to extensive media coverage.
• August 23, 2010 — Laurean was sentenced to life in prison without parole for first-degree murder.
• August 24, 2010 — It was stated that Laurean had been convicted of murder and sentenced to life in prison.

Other details

Lauterbach’s roommate-related note said: “I could not take this Marine Corps life anymore. So I am going away.”

Investigators believed Laurean used a first plan to cover up the killing and then used a second plan involving smashing Lauterbach’s head with a crowbar. “It almost worked. She bought the ticket,'' “But something happened at his home that day. And then he used a second plan, and that was smashing in her head with a crowbar.”

Americas Most Wanted featured the story on their April 5, 2008 episode.

A woman identified as Laurean’s wife was referred to as Christina Laurean. Christina Laurean was described as a cooperating witness in the investigation. During the investigation, it was reported that Christina Laurean, the mother of Cesar Laurean’s toddler, handed over notes left by her husband in which he claimed that Lauterbach had slit her own throat before he burned and buried her body.

Laurean’s father, Salvador, and sister Blanca said they wished more of the testimony would have explained problems the ex-Marine had with Lauterbach. Blanca Laurean said: “He's a nice, nice guy,” “He doesn't deserve everyone thinking he's the worst man in the world. He's not.”

A senior law enforcement official told ABC News that Mexican authorities arrested Laurean Thursday evening in a town in the Mexican state of Michoacan after he was spotted on the street. It was reported that Mexican police on an anti-kidnapping operation spotted him. The AP reported Laurean appeared slightly disoriented and teared up at times.

FBI spokeswoman Amy Thoreson said: “He was walking down the street. He did not resist,'' “We had FBI agents, NCIS agents as well as the Mexican authorities [there] at the time.”

Antonio Garza, U.S. ambassador to Mexico, confirmed Laurean had been arrested in the town of Tacambaro in Michoacan in a statement.

In the interview, Laurean was quoted as saying: “Proof.”

When asked what he would do next, he asked: “Do I have a choice? & I don't know.”

Magdalena Guzman, a spokeswoman for the Michoacan, Mexico, state prosecutor’s office, was quoted as saying about Laurean’s reported statement about having about 10 pesos.

Christopher Welch, Christina Laurean’s attorney, explained her silence and said the Corps prohibited her from speaking out about the case.

A jury verdict and sentencing were tied to murder and theft and fraud charges related to Lauterbach’s ATM card while Laurean was on the lam, with a finding of not guilty on the robbery charge and convictions on fraud and theft charges.