Defendant Was ‘Inconsistent’ & ‘Contradictory’

Says Judge Dixon; Pronounces Death-by-Hanging Sentence
Among other things, trial Judge A. Blamo Dixon says the testimonies of Co-defendant Hans Caphart Williams, Sr. during the Angel Togba’s murder trial against him and his fiancée Mardea Paykue “were inconsistent, contradictory and at variance with one another” the Judge of the Criminal Court “B” at the Temple of Justice, A. Blamo Dixon has ruled.

The Judge and Jury de facto who brought down guilty the co-defendants and pronounced “death-by-hanging’ sentence upon the couples to-be noted that co-defendant Mardea Paykue whose testimony should have corroborated that of Hans waived her testimony, thus, disenfranchising herself in the case.

The Grand Jury for Montserrado County, on August 22, 2008, indicted Hans C. Williams and Mardea Paykue for the alleged commission of the crime of murder, which the indictment said was in contravention of section 14.1 of the New Penal Code of Liberia.

According to the indictment, the convicts did jointly connive and conspire with pre-meditation and malice aforethought intentionally, knowingly, purposely and wickedly killed and murder 13-year-old Meideh Angel Togba on November 30,2007, who was their warden, with out any justifiable reason and with extreme indifference to the value of human being.

The indictment further alleged that co-defendant Paykue, out of malice, aforethought and being of the conviction that co-defendant Williams had sexual intercourse with the decease, thereby prompting her to strangulate and choke her to death.

After accomplishing her wicked act, they jointly connived, conspired and clandestinely took the lifeless body of the late Togba to the bathroom in their house and tied a cloth/belt around the deceased neck and hanged her lifeless body to the bathroom rod under the pretense that she hanged herself, the indictment indicated.

After series of legal technicalities, the case finally took off for hearings on Monday, December 14, 2009 at the Criminal Court “B” at the Temple of Justice, sitting in its November Term during which trial the defendants were represented in court by Cllr. Francis Garlawolo, F. Musa Dean and Pearl Brown Bull, while the state was represented by M. Wilkins Wright, Solicitor General of Liberia, Cllr. Augustine C. Fayiah, Theophilus C. Gould, T. Dempster Brown among others.

During the course of the trial, the state produced nine witnesses while the defense on the other hand produced ten witnesses along with several species of evidence by the two opposing legal teams. The trial was characterized by public sentiments against the co-defendants thereby propelling a robust media coverage which drew huge local and international attention. Consequently, law students, human rights organizations and practitioners, students – the peers of Little Angel and other advocacy groups took interest in the case from start to end, and swarmed the Temple of Justice ground

Women groups and the students were carrying placards reading – “We want justice,” converged mainly at the Capitol Bypass flank of the Seat of Judiciary where the Court is hosted; some sinking “Tomorrow, tomorrow what you will say”. Based on the tension that characterized the scene of the ruling, the well-armed officers of Emergency Response Unite of the Liberia National Police, UNMIL civilian police and correction officers were all on high alert, while the courtroom was not spacious to accommodate everyone that throng the scene.

‘Death by hanging’ – Judge Dixon

It was at that occasion that the Judge gave detailed analysis of the trial, the evidences adduced before him, testimonies of witnesses and rebuttal witnesses and at the end hand down a ruling that was thunderously applauded by the crowds.

Judge Dixon told the jam parked court that as far he was aware and in keeping with the law, prosecution lawyers overwhelmingly established a prima facie case against the defendants to warrant their conviction for the crime of murder as charged in the indictment drawn up by the grand jury beyond every and all reasonable doubts.
The judge described the issue on which judgment was based as being “Whether or not the state has proved the allegations and averments contained in the indictment drawn against the Defendants to warrant their conviction for the crime of murder beyond all reasonable doubt,” to which he answered in the affirmative, changing the countenance of the accused.

The judge said there was a missing piece of rope that could have shown on given the clued to suicide and described the missing of a piece of the rope/belt that was used for the alleged hanging from the other piece marked by the court as P/1 in-bulk; the missing parts of Angel's body prior to the conduct of the second autopsy by the Cuban Pathologist; the finding of the said parts before the conduct of the third autopsy by the team of American Pathologists on behalf of the Defendants; tampering with the evidence in the case and also the missing of torn panties of the Little Angel Togba testified to by one of the witnesses ; coupled with the secrete attempt by the Defendants to bury the deceased before the conduct of the first autopsy and the hanging of the lifeless body as 'elements of malice aforethought and premeditation'.

Judge Blamo continued that the funeral wreath-pass attested to by the Defendants and their son on Friday, November 30, 2007 cannot be used as an alibi to project suicide as the cause of Angel’s death as the Defendants left the occasion and were present at home along with the other occupants of the house where the deceased was murdered.

The judge furthered that three autopsies were conducted on the body of Angel. The first by Dr. Anthony Quaye on behalf of the Homicide Department of the Liberia National Police, the second by Prof. Dr. Josefa Jimenez Hernadez, a Cuban Pathologist assigned to the Ghana Police Hospital in Accra and the third by an American team of Pathologists from the Nebraska Institute of Forensic Sciences Incorporated of the United States of America.

All the three reports state the cause of death as Asphyxia, but Dr. Quaye and the Cuban Pathologist stated that it was Asphyxia secondary to strangulation while the American Pathologist said it was Asphyxia secondary to hanging, the latest of the autopsy which he discredited, overruled and threw in the trash can when he said the first two were the best autopsies that have proven the case.

He defined 'asphyxiation' from the Dorland's Pocket Dictionary. The judge said, “It is worth noting that in those rare instances of death by asphyxiation that there is normally a sexual element to the investigation and this is something that forensic Pathologists and Police alike will seek to confirm or deny at the beginning of any enquiry where asphyxiation is used as a means to bring about death.”

According to him, “The Cuban pathologist reported that the deceased was sexually assaulted and violated; strangulated before hanging. At the time of the death of the deceased, she was 13 years old and could not have given sexual consent at that age and anyone who allegedly had sexual intercourse with her committed the atrocious crime of rape.”

This fact, the judge said, was also confirmed by the prosecution's first witness Dr. Servillano B. Rituallo, III, and the second rebuttal witness David M. Kpardeh, after the allegations of sexual intercourse were denied by defendant Hans C. Williams Sr. with whom the deceased had very serious sexual relationship …”

Judge Dixon added that it was a visiting medical doctor from the USA who lifted the skirt of Angel at the JFK hospital on the night of November 30, 2007 and discovered that her panties had been torn. It was because of the torn panties that the doctor advised Hans Williams to report the case to the police, he indicated.

“The court is convinced that hanging took place; but the deceased did not hang herself and did not commit suicide. She was killed and murdered by the defendants as laid down in the indictment,” the judge maintained.

Surprisingly, none of the evidence produced by the defense 10 witnesses was upheld. According to the judge, Hans Williams took the stand on his own behalf and supposedly on behalf of co-defendant Mardea P. Williams but failed to traverse the allegations and averments spelt out in the indictment but rather accused several persons who did not live in his household at the time the death occurred.

“All species of evidence admitted into evidence by the prosecution and testimonies of witnesses for the state are sustained and upheld by the court, unlike those of the defendants,” the Judge continued.

He accentuated, “The burden of proof rest on the party who alleges a fact except that when the subject matter of a negative averment lies peculiarly within the knowledge of the other party.” “The averment is taken as true unless disproof by that party. It is sufficient if the party who has the burden of proof established his allegations by a preponderance of the evidence,” Judge Dixon stated.

He named some of the species of evidence admitted into evidence as P/1- In – Bulk up to and including P/9- In – Bulk, noting that “The best evidence, which the case admits of, must always be produced; that is, no evidence is sufficient which supposes the existence of better evidence” as he pour into his mouth a sip from the mineral water bottle that was on his desk.

Judge Dixon further stated that nobody shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provision laid down in the constitution and in accordance with the “Due Process” of law.

He said justice shall be done to all without sale, denial or delay, pointing out that to convict in a criminal case not only should there be a preponderance of evidence, but also the evidence must be so conclusive as to exclude every reasonable doubt as to the guilt of the accused.

“Wherefore and in view of the foregoing facts and attending circumstances and the laws controlling, it is the considered final verdict/judgment of this Honorable Court that Defendants Hans C. Williams, Sr. and Mardia P. Williams, are hereby adjudged Guilty…” Judge Dixon, overlooking his spectacle standing reading the verdict and judgment on his throne could not land when a thunderous big applause get the court uncontrollable while cameras of journalists were all fixed at him focused.

Soon after he discovered that the court bailiff could not bring silence to the court with a pounded gavel, the trial judge continues amid the noisy court room shouting on the peak of his voice, “…it is the considered final verdict/judgment of this Honorable Court that Defendants Hans C. Williams, Sr. and Mardia P. Williams, are hereby adjudged Guilty of the crime of murder with immediate effect in keeping with section 14.1 of the NEW PENAL CODE of Liberia.”

In his judgment, Judge Dixon ordered the convicted persons to be hanged on Friday, March 26, 2010 at the Monrovia Central Prison from 6 A.M to 6 P.M until death, and also ordered the clerk of the court to communicate with the Liberian leader, President Ellen Johnson-Sirleaf so as to effect the final verdict.

He further ordered the clerk of the court to issue a commitment upon conviction for death by hanging and have same placed in the hands of the Sheriff for service on the Superintendent of the Monrovia Central Prison as notification for the order.

Accordingly, the Judge further ordered the Clerk of Court “to issue a commitment upon conviction for death by hanging and have same placed in the hands of the Sheriff for service on the Superintendent of the Monrovia Central Prison Compound. And it is hereby ordered.”

Defense runs to high court

As the Judge downed the Microphone of the speakers at the court, Cllr. Francis Y. S. Garlawolo sprang from the bar of the defense and excepted to the ruling. “To which ruling of Your Honor, defendants excepts [e-x-c-e-p-t-s],” he spelled it to the clerk, saying, “and defense announced an appeal to the Honorable Supreme Court sitting in its October A. D., 2010 Term of Court, and submit”

As though it was a drama, Judge Dixon grasped the microphone back, stating, “exception noted, matter suspended….”, soon after which dramatic ruling that security forces whisked Hans and Mardea from the Court to the Prison van from where the piloted back to prison as Hans was seen sobbing while others identified as his children and family broke down tears at the court.

By the appeal, it is apparent that the convicts, Hans and his fiancée Mardea will only hanged provided the Supreme Court, the final arbiter of justice, upholds the ruling of the Criminal Court “B”, but if this should be the case, it would be after the October term of the Supreme Court and not on March 26, 2010, as ordered by the Judge of Criminal Court “B”.

Hans’ ‘inconsistent’ testimonies

Taking the witness’ for him and his fiancée Mardea, Hans testified to the court with tears: “I never slept with my daughter; we loved her so much; she was an honest girl.” He said the accusations against him and his beloved Mardea were master-minded by former Justice Minister Philip A. Z. Banks and others, even though a rebuttal witness brought into the case to the effect of Hans’ testimonies openly told the court that the he saw Hans on several occasions with little Angel kissing in Hans white car at different locations in Old Road, Sinkor.

“Co-defendants Hans C. Williams, Sr. took the witnesses’ stand … he failed to traverse the allegations and averments laid down in the Indictment drawn against them, but rather he accused several persons who did not live in his household at the time the death occurred for being responsible for the plight,” the trial judge said in his ruling convicting Hans and Mardea.

Co-defendant hans C. William, Sr., Judge A. Blamo Dixon maintained, made several sweeping statements in court that do not have any bearing on the case. “He testified that at one point he was fatigue; at the other he was asleep and later awakened by a phone call and back to sleep and finally awakened by the alarm of Hans C. William, Jr.,” Judge Dixon quoted the co-defendant Hans in his testimonies.

The Judge furthered, furthering that the testimonies of Co-defendant “were inconsistent, contradictory and at variance with one another”, noted that Mardea whose testimonies should have corroborated Hans’ waived her testimony in the case while the entire defense team, he found, failed and neglected to produce before the court the security guard in person of Patrick Kollie and Oldman Oscar Paykue, the both of whom that allegedly assisted Co-defendant Hans to cut the robe belt from Angel’s neck in a bathroom at the Williamses residence.

The indictment of the case

Hans Williams and Mardea Paykou were arrested in January 2008 by the Liberia National Police (LNP) after the death of 13-year-old Angel Togba, who until her death was living with the couple as a foster daughter. Angel was related to Mardea Paykou.
Defendants Hans Williams and Mardea Paykou claimed that they discovered the body of Angel suspending to the curtain rail in their guest bathroom in November 2007.

According to them, they tried all they could to resuscitate her and at the same time rushed her to John F. Kennedy (JFK) Medical Center but their efforts proved futile. The state, however, charged the two for murder and consequently indicted them.

In the indictment, defendant Hans Williams was accused of sexually abusing the 13-year-old girl while his wife was accused of strangulating Angel to death after she (Mardea) had discovered the sexual relationship between her husband and Angel.

The defendants pleaded not guilty of the charges brought against them. After the discovery of the body, a team of Liberian police investigators constituted by government to investigate the mysterious death of the 13-year-old girl said in their findings that the investigators could not derive any clue to link the accused to the crime. The team, in consultation with Dr. Anthony Quaye - the Liberian medical doctor and pathologist who conducted the first examination on the corpse of little Angel Togba, found that Angel committed suicide.

But the state disregarded to Dr. Quaye’s findings and those of the first police probe thereby commissioning a second investigation undertaken by Ghanaian homicide investigators from the Ghana Police Service.

This second investigation was done along with a Cuban pathologist from the Ghanaian Police Hospital in Accra, who concluded that Little Angel Togba was strangled to death. The Ghanaian homicide investigators found that there was no way Little Angel could have hanged herself, considering the measurement of the alleged crime scene in relation to the height of deceased.

Case history

When the case was called for the second time at the Criminal Court “B: thios time under the gavel of Judge A. Blamo Dixon, Dr. Quaye’s testimony in open court went at variance with his autopsy report. The Liberia medical doctor testified that although his autopsy report stated that Angel died as a result of suicide, he was bullied by the LNP officers to make derive a suicide report against the deceased. He said he had a double mind while compiling the report, telling the court that he knew Angel died of Asphyxia secondary to strangulation.

A team of American pathologists were also invited from Nebraska Institute of Forensic Sciences in the United States of America (USA) by the defendants in 2008 to conduct autopsy on the remains of Angel Togba, and said Angel died of Asphyxiation due to suicide.

A third person who testified to provide technical explanation of Angel’s death, Dr. Thomas L. Bennett told the court that one could commit suicide even by lying on the floor. Dr. Bennett said for strangulation to be determined, there should be a breakage in the hyoid bone which is located in the neck of every human being. He further stated that the hyoid bone does not break in the case of Angel’s alleged suicide.

The was clear in his testimony in Court how none of the previous pathologists made mention of the hyoid bone in their reports, but concluded that Angel died of asphyxia secondary to strangulation.

Disclosing that his team located the hyoid bone and took a microscopic look at it and realized that it was not broken which indicated that Angel was not strangulated.
Notwithstanding, the state produced a rebuttal witness, Dr. Rituallo, a Philippine pathologist who is currently serving as the head of the JFK Pathology Department and also serving as a professor of Pathology at the University of Liberia, whose testimony nullified Dr. Bennett.

The Filipino doctor, explaining from photos of the corpse of Angel Togba disclosed that a careful review of some of the photos had established that Angel did not hang herself. Agreed with Dr. Bennett that the hyoid bone is often broken during strangulation, the Filipino medical practitioner however said such is highly uncommon in children.

The state produced 15 witnesses including rebuttal witnesses while the defendants produced 10 witnesses. Even though the state produced 10 witnesses and five rebuttal witnesses, none of the witnesses linked anyone to the commission of the crime directly, but circumstantially.

Massive jubilation

The court doors and gates were unusually closed for the arrival as the public sentiments seem to be flaring on the matter and discussions amongst separate groups of various categories in and outside the fence of the Temple of Justice were dominated by sentiments expressed against the defendants, while a few disagree and argued that it the law that can convict them and not the sentiments.

Amidst the tensed atmosphere and high security alert were the women and students groups sitting and singing The hot morning sunrise meant nothing to then as long as they were yearning for ‘justice’ in the case.

Traffic around the Temple of Justice was at a standstill for several hours as the women, children, uniformed students, individuals; security personnel had taken over the street at the entrance on Capitol By-pass into the Alphonso Caine Police Headquarters just adjacent the trial court at Temple of Justice.

The ruling finally came, bringing down guilty the accused on whom death by hanging sentence was passed, massive jubilations seized the area and the judge was overwhelmingly cheered by the crowds, even when he was escorted from the Temple of Justice by a Police siren vehicle.