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Thread: Frank Souza Takes Plea Sentenced to LWOP in 2010 CA Jailhouse Slaying of Edward Schaefer

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    Frank Souza Takes Plea Sentenced to LWOP in 2010 CA Jailhouse Slaying of Edward Schaefer

    Inmate Charged With Murder For Stabbing Serial DUI Offender

    SAN QUENTIN, Calif. -- A San Quentin inmate accused of fatally stabbing a serial DUI offender who killed a 9-year-old girl and maimed her father in a crosswalk last year was arrested in prison Monday, the Marin County District Attorney's Office said.

    Frank Anthony Souza is suspected of killing Edward Schaefer, 44, who had recently been sentenced for hitting Melody and Aaron Osheroff with his motorcycle when he was stabbed in the prison's Badger Section exercise yard on July 26.

    Melody was killed and Aaron Osheroff lost his right leg after Schaefer hit them in a Novato crosswalk while driving drunk on May 27, 2009, the jury found. He had nine prior DUI convictions dating back to age 17.

    Schaefer was serving a 24-years-to-life prison sentence when he was stabbed in the neck and chest with a makeshift weapon, the state corrections department said.

    He was taken to Marin General Hospital, where he died.

    He had apologized to the Osheroffs' family at his sentencing, saying he was devastated when he learned what happened after the effects of morphine he received for injuries sustained in the crash wore off four days later.

    The district attorney's office obtained a criminal indictment against Souza on Friday and today arrested him for first-degree murder with two special circumstances: lying in wait and prior first-degree murder.

    Souza, 31, was already serving a 60-years-to-life sentence for killing a homeless man, 59-year-old John Carl Riggins, in 2007 in San Jose, according to the state corrections department.

    He was also charged today with felony assault by a state prison inmate serving a life term and felony possession of a stabbing instrument in a penal institution, the district attorney's office said.

    He faces life in prison without the possibility of parole or is eligible for the death penalty if convicted of all charges.

    Souza will appear in court on Friday to receive a copy of the indictment and have legal representation assigned.

    http://www.ktvu.com/news/25805287/detail.html

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    Inmate's murder arraignment awaits defense counsel in Novato crosswalk killer case

    A San Quentin convict indicted for murdering the drunken driver who killed a 9-year-old girl in a Novato crosswalk will appear for arraignment Monday in Marin Superior Court.

    Inmate Frank Souza, indicted in the killing of convicted drunken driver Edward Schaefer inside San Quentin State Prison, was scheduled for arraignment after appointment of counsel Friday. But the public defender's office declared a conflict of interest in the case because it also represented Schaefer.

    Souza, 31, is charged with first-degree murder for killing Schaefer, the drunken driver who was convicted of second-degree murder in the death of Melody Osheroff of Novato.

    Schaefer, 44, was stabbed to death July 26 in a prison yard with a weapon fashioned from objects including bunk bed parts. He was sentenced on July 13 for killing Melody and maiming her father, Aaron, when he slammed into them while riding his motorcycle through a crosswalk in Novato in May 2009. He had eight prior DUI convictions.

    District Attorney Ed Berberian may pursue the death penalty for Souza, who is serving a 60 years-to-life sentence for beating and strangling a homeless man in San Jose.

    Judge Andrew Sweet said that because the public defender represented Schaefer, it would not represent Souza. An independent contract attorney was scheduled to be assigned at 9 a.m. Monday.

    http://www.marinij.com/marinnews/ci_...ce=most_viewed

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    Arraignment in San Quentin murder case delayed again

    It apparently hasn't been easy to find an attorney to represent a San Quentin inmate indicted for murdering the drunken driver in Novato's crosswalk killer case.

    Inmate Frank Souza, indicted in the killing of convicted drunken driver Edward Schaefer inside San Quentin State Prison, had been rescheduled for arraignment after appointment of counsel Monday morning, but the court was told that due to the nature of the crime, more time was needed to find an attorney.

    The public defender's office declared a conflict of interest in the case, because it represented Schaefer. Souza had been scheduled to be arraigned Friday, but the session was delayed to Monday, then postponed again to 9 a.m. Nov. 29.

    Souza, 31, is charged with first-degree murder for killing Schaefer, the drunken driver who was convicted of second-degree murder in the death of 9-year-old Melody Osheroff of Novato. He was sentenced on July 13 for killing Melody and maiming her father, Aaron, when he slammed into them while riding his motorcycle through a crosswalk in Novato in May 2009. He had eight prior DUI convictions.

    Schaefer, 44, was stabbed to death July 26 in a prison yard with a weapon fashioned from objects including bunk bed parts.

    District Attorney Ed Berberian may pursue the death penalty for Souza, who is serving a 60 years-to-life sentence for beating and strangling a homeless man in San Jose.

    Judge Andrew Sweet has denied a request to photograph the courtroom proceeding.

    http://www.marinij.com/marinnews/ci_16680237

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    High-profile lawyer to represent San Quentin inmate Frank Souza

    M. Gerald “Gerry” Schwartzbach, a Mill Valley criminal defense attorney who in 2005 got actor Robert Blake acquitted of murdering his wife, has agreed to represent San Quentin inmate Frank Souza.

    Souza faces the death penalty for murdering Edward Schaefer of Novato last July in the prison’s exercise yard with a “bone crusher,” a weapon made from bunk-bed metal. Schaefer had just entered prison on a sentence of 24 years to life for killing Melody Osheroff, 9, and tearing the leg off her father, Aaron Osheroff, on May 28, 2009, when a drunken Schaefer slammed his Harley-Davidson motorcycle into the Osheroffs as they were walking in a pedestrian crosswalk on San Marin Drive.

    Schwartzbach met three times with Souza, who’s serving a life term for killing a homeless man in San Jose in 2007, before agreeing to represent him. One thing they discussed was the “White Power” tattoo that covers Souza’s forehead.

    “That was obviously something we addressed on our first interview,” Schwartzbach said. “I’m obviously Jewish. I needed to know if that was an issue.”

    Being anti-Semitic, alone, wouldn’t stop Schwartzbach from representing a client.

    He spent 13 years fighting to free Glen “Buddy” Nickerson from prison for murdering two men in San Jose in 1984, because Schwartzbach was convinced of Nickerson’s innocence. Another man whose blood was DNA-matched to the crime scene said he had never met Nickerson and that Nickerson wasn’t at the crime scene.

    Soon after his release by a federal judge in 2005, Nickerson had laser surgery to get his racist tattoos removed in gratitude for Schwartzbach’s help.

    Schwartzbach has represented a wide range of clients, including members of the Black Liberation Army in a case of attempted murder of Detroit police officers in the early ’70s, when Schwartzbach was an attorney doing civil poverty work for VISTA, the domestic version of the Peace Corps.

    In Marin County, Schwartzbach is probably best known for successfully defending Stephen Bingham, a Yale-educated civil rights attorney who was accused of smuggling a handgun into Black Panther George Jackson’s possession in a failed 1971 escape attempt from San Quentin that resulted in the death of Jackson, two other inmates and three prison guards. Bingham was a fugitive in Europe for 13 years before deciding to return in 1984 and stand trial in Marin.

    “I work very hard on all my cases,” said Schwartzbach, who was nicknamed “the badger,” by actor Robert Blake. He earned the moniker for his “dogged efforts to dig out the tiniest shred of evidence and chew at it endlessly till it had given up all its clues,” said a 2010 article in the publication Northern California Super Lawyers.

    “I intend everything I need to do to provide quality representation to Mr. Souza,” Schwartzbach said. “It’s going to take, it always takes, an enormous effort.”

    Alternate Defenders Inc., a San Rafael nonprofit organization, spent weeks searching for an attorney for Souza after the public defender’s office declined to represent Souza due to conflict of interest, because it represented Schaefer in the Osheroff case.

    ADI Program Administrator Jim Nielsen described Schwartzbach as “one of the best attorneys in the state.”

    “I contacted him on the off chance he might be interested. I was kind of surprised [that he was],” Nielsen said.

    Schwartzbach said he initially dismissed the idea out of hand, but changed his mind after considering various legal and personal issues in the three weeks prior to taking the case.

    “I didn’t think I wanted to put myself or my family through another capital case,” he said. “I didn’t seek it out. I’ve represented two other men in capital trials, but haven’t been involved in one since 1995.”

    His first order of business will be asking the Marin Superior Court to assign a second attorney to Souza’s case. In a 1982 case, Schwartzbach convinced the California Supreme Court to establish the right of defendants in death-penalty murder cases to have two court-appointed attorneys.

    http://www.marinscope.com/articles/2...d242827310.txt

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    Defense begins for man accused of murdering Marin girl's killer

    Lawyers for the San Quentin inmate accused of murdering a Novato girl's killer are making a pre-emptive bid to keep him off death row.

    Frank Souza's attorneys have filed a motion to strike the special circumstances of "lying in wait" in the prison yard slaying of Edward Schaefer, who struck and killed 9-year-old Melody Osheroff on his motorcycle in 2009. Lying in wait is one of numerous special circumstances that can lead to the death penalty in California.

    Schaefer, 44, was stabbed to death at San Quentin on July 26, less than two weeks after starting his prison sentence for killing Melody during a drunken motorcycle ride on San Marin Drive.

    Souza, who is serving 60 years to life for the 2007 killing of a homeless man in San Jose, is accused of spearing Schaefer with a makeshift metal weapon more than seven inches long. Souza allegedly alluded to Melody Osheroff when prison guards detained him on the yard, according to grand jury transcripts unsealed last week.

    "He was shaking his head and saying, 'All I got to say is, nine-year-old girl,'" San Quentin Officer William Eberly testified. "He was shaking and ... kind of smirking like he had done a good thing or something." Prison guards found Schaefer clutching at his throat with both hands, trying to contain the copious arterial bleeding. He was stabbed seven times in the neck, chest and back.

    "Get me off this yard before I bleed to death," he told prison Lt. Frank Cerecedes, according to the lieutenant's testimony. Schaefer died at Marin General Hospital.

    Souza, 31, has yet to enter a plea. The public defender's office could not represent Souza because it had represented Schaefer, leading to a lengthy search for court-appointed counsel qualified to handle a potential capital case. Two Mill Valley lawyers, Gerald Schwartzbach and Eric Multhaup, were appointed last month.

    On Wednesday, Souza's lawyers filed the motion challenging the "lying in wait" allegation, saying the phrase's meaning has become so "judicially enlarged" after 30 years of California Supreme Court decisions that is it now unconstitutionally vague.

    The attorneys said the accepted standard -- that the killer concealed his purpose, was opportunistic, killed from a position of advantage, and used the element of surprise -- could apply to many noncapital murders.

    Schwartzbach said the motion to strike the special circumstance does not mean the defense is conceding the murder charge itself.

    The Marin County District Attorney's Office has not announced whether it will seek the death penalty against Souza. Prosecutor A.J. Brady said the office's policy is to review the case, the defendant's history, the wishes of the victim's family and any potentially mitigating evidence before making a decision.

    "We have begun this process, but it is not concluded yet," Brady said.

    A hearing on the motion is set for March 17 before Judge Paul Haakenson.

    Edward Schaefer was not eligible for the death penalty in his case. He was sentenced to 24 years to life.

    http://www.mercurynews.com/crime-courts/ci_17318450

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    Grisly prison killing details outlined

    What motivated San Quentin inmate Frank Anthony Souza to fatally stab inmate Ed Schaefer of Novato in July of last year in the prison’s “Badger” exercise yard?

    Souza may have been paying Schaefer back for killing 9-year-old Melody Osheroff on May 28, 2009, when a drunken Schaefer slammed his Harley-Davidson motorcycle into the Novato girl and her father, Aaron Osheroff, as they walked in a San Marin Drive pedestrian crosswalk.

    In a 384-page transcript of a grand jury investigation that was unsealed earlier this month, San Quentin Correctional Officer William Eberly testified that as he marched Souza from the stabbing scene to the prison’s Triage Treatment Area — where a heavily bleeding Schaefer had been taken by gurney — Souza looked down at the trail of Schaefer’s blood and alluded to Melody Osheroff.

    “He was shaking his head and saying, ‘All I got to say is, ‘9-year-old girl,’” Eberly testified. He added that Souza, who had Schaefer’s blood on his hands, pants, socks and legs, was “kind of smirking like he had done a good thing or something.”

    Aside from that statement, the grand jury document was light on Souza’s motivations — and long on details about the July 26 stabbing.

    The Badger yard features a basketball and handball court and three barber’s chairs at which inmates use electric clippers to cut one another’s hair.

    Correctional Officer Ricky Christensen, who mans a gun station there, testified that he shot Souza with a nonlethal, foam-tipped projectile from a 40-millimeter riot gun as Christensen watched Souza come up behind Schaefer, who was looking at the bay, around 10:30 a.m. and strike him from behind with “uppercut” style blows with his right fist.

    “The whole thing happened in a matter of seconds,” Christensen testified.

    The 110, or so, inmates in the yard — who self-segregate into white, black and Hispanic groups — all got down on their stomachs in a prone position after Christensen fired his riot gun.

    Christensen testified that he doesn’t get to know prisoners by name from his vantage point in the gun tower, but he does come to recognize them. He testified that he knew Souza by sight, in part because of the “white power” tattoo that covers Souza’s forehead.

    “It’s real distinctive. Yeah, it stands out,” Christensen said.

    Christensen was “100 percent positive” that it was Souza who killed Schaefer, District Attorney Ed Berberian later told the grand jury. Christensen said that no other inmates were nearby, and that Souza was easily identifiable as the only, or one of the only, prisoners wearing a distinctive blue sweatshirt, the DA said.

    Souza stabbed Schaefer seven times, said forensic pathologist Michael Ferenc, M.D., who did an autopsy of Schaefer five days after his death. Most of the stab wounds were nonlethal, but one cut Schaefer’s right jugular vein and another severed his right carotid artery, the main source of blood for the right half of the brain.

    “There was a stab wound to the right side and front of the neck that went in deep and actually cut the carotid artery in half,” Ferenc testified, adding that it’s hard to staunch the bleeding in such a case.

    “We can often stop a lot of flow from a cut just by pressing on it. But if it’s … cut in half, and it slips back, it’s hard to stop the flow [and] would probably cause somebody to be dead in a matter of a few minutes,” Ferenc said.

    “The typical person has 10 to 13 pints of blood in their bloodstream, and he basically had over twice that replaced, and that’s just at the hospital,” the forensic pathologist testified. At some point after being stabbed, Schaefer suffered a massive stroke that caused the death of the right side of his brain, Ferenc said.

    Corrections Officer Frank Cerecedes testified that when he came up to Schaefer in the exercise yard after the attack, “He had both his hands over the right side of his neck, and he looked at me, and [said], ‘Get me off this yard before I bleed to death.’

    “Medical did not arrive. We placed the inmate on a gurney and carried him to the hospital,” Cerecedes testified. “We are not trained [to treat] bleeding — active bleeding.”

    Corrections officers moved Schaefer about an eighth of a mile through the prison to the Triage Treatment Area, Cerecedes said.

    Corrections Officer John Corning testified that at the Triage Treatment Area, an ambulance crew from American Medical Response helped prison employees try to get Schaefer stabilized so he could be taken to Marin General Hospital. Corning went along in the ambulance and “kept pressure on [Schaefer’s] neck during the entire trip.”

    At the hospital, “They took him basically almost immediately to surgery to try to repair the damage to his neck,” Corning testified.

    Corrections Sgt. Donald McGraw testified that when he saw Schaefer at the hospital at 5 p.m., “One side of his body was twitching, the other — lifeless.” Schaefer was pronounced dead at 9:03 p.m. Family members were present.

    The weapon used to kill Schaefer was a “bone crusher,” a stabbing weapon made by cutting out a piece of steel platform under a prisoner’s mattress.

    Souza’s bone crusher was 7¼ inches long and 1¼ inch wide, and was sharpened to a point, the transcript stated.

    McGraw testified that after the stabbing, he saw a piece of metal was missing from Souza’s bed frame. It takes about eight hours for an inmate to make a bone crusher by etching out the metal with a fingernail file, McGraw said. Inmates also use tooth powder as an abrasive to make the weapon, he testified.

    Berberian told the grand jury that the stabbing was premeditated. As evidence of that, he said Souza spent eight hours making the weapon, and he packed his belongings and bed roll that morning because he knew he’d be transferred to a segregation cell after the attack.

    Eberly testified: “Normally, when anybody gets involved in a rules violation, they will basically pack their stuff up for us so that we can get all their stuff back to them, so that they don’t lose anything during the transfer. ‘Cause if … their stuff’s not packed up, half of their stuff could possibly get lost when the officer goes in, ’cause we don’t know exactly what their stuff is.”

    Eberly said that after the stabbing, Souza told him, “Make sure my stuff gets to me. All my stuff is packed up in a box underneath my [bunk].”

    Berberian also told the grand jury that prisoners will sometimes make attacks with a “tomahawk,” or a small razor blade, just to “mark” a foe.

    “One stab wound, you know, shows, well, you know, there could have been a beef. But seven stab wounds … shows his intent to seal the deal, to make the killing,” the DA said of Souza’s alleged attack.

    Berberian also made the case for charging Souza with “lying in wait,” which makes him eligible for the death penalty.

    Souza sneaked up behind Schaefer, and he did so after about an hour in the yard, Berberian told the grand jury.

    “Traditionally, around the turn of the century or earlier, you had to actually be hidden, but that’s no longer the case,” the DA said. “You don’t actually have to hide. You can be in plain view as long as your purpose is hidden, and you can do it by ambush or some other secret plan.”

    http://marinscope.com/articles/2011/...2052598821.txt

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    Anatomy of a murder defense

    Two Mill Valley attorneys are working to save a white supremacist murderer from the death penalty.


    Prosecutors allege that Frank Souza, a San Quentin inmate serving a life sentence for killing a homeless man in San Jose, fatally stabbed inmate Edward Schaefer on a prison exercise yard in July. In November, a grand jury indicted the tattooed inmate on murder charges with special circumstances—lying in wait and having previously been convicted of murder. Either special circumstance could bring the 32-year-old inmate the death penalty.

    Souza has not yet entered a plea to the charges he murdered the killer of 9-year-old Melody Osheroff. But his attorneys—Gerry Schwartzbach and Eric Multhaup—this month filed a motion attacking imposition of the death penalty as unconstitutional.

    Schwartzbach, a high-profile criminal defense attorney, and Multhaup, an appellate capital defense attorney, contend bringing a death-penalty case against Souza violates the U.S. and California Constitutions. They argue that the courts have said the ultimate punishment must be reserved only for the most extreme offenses, but California lawmakers and ballot initiatives have so expanded the circumstances under which prosecutors can seek death that determining what constitutes a capital crime has become an "arbitrary and capricious scheme." They allege the scheme violates the ban against cruel and unusual punishment of the Eighth Amendment, the due process clause of the 14th Amendment and the California Constitution.

    The U.S. Supreme Court has ruled that prosecutors may seek the ultimate sentence only under special, aggravating circumstances. But the number of special circumstances—28—has more than doubled in California since the state's death penalty statute was enacted in 1977.

    "Over the years, with each expansion of the statute the death-eligibility rate has continued to increase, to the point where the 2009 version of the statute makes 94 percent of first-degree murderers death-eligible, and can be expected to produce a death sentence rate of just under 6 percent," says a defense motion to strike the special circumstances alleged against Souza.

    Souza's attorneys contend the California statute outlining special or aggravating circumstances that carry the death penalty has "lost its capacity to perform the constitutionally required narrowing function."

    Souza's lawyers also are attacking the lying-in-wait special circumstance in particular because they say it can be applied in most murders, making crimes including the circumstance indistinguishable from most other first-degree murders.

    "The lying-in-wait special circumstance has undergone a metamorphous from a specific prohibition against ambush murders to its current essentially unfettered reach to include cases such as this one, where defendant is alleged to have walked up to the decedent in broad daylight in front of 100-plus witnesses and stabbed him," the defense motion says.

    "The requirement that the perpetrator watch or wait for an opportunity to act is similarly a non-distinguishing factor, particularly in the context of a prison situation where the defendant is placed in the proximity of the decedent by the institution directive, not by the individual's initiative.

    "Finally, the 'position of advantage' language is nebulous, as demonstrated by the circumstances of this case, where the reports show that defendant's only 'position of advantage' was that he was in possession of a prison-made weapon while the decedent was not."

    Though the Marin County District Attorney's Office has charged Souza with two special circumstances, it has yet to decide whether to seek the death penalty. Judge Paul Haakenson is expected to hear arguments on the motion to strike the special circumstances next month.

    An ardent death-penalty opponent, Schwartzbach worked without pay for 13 years to free another white supremacist from prison. Glen "Buddy" Nickerson spent nearly 19 years behind bars for two murders he did not commit. Like Souza, Nickerson had racist and anti-Semitic tattoos all over his body. When he left prison in 2003, Nickerson had the tattoos removed, partly out of respect for his Jewish lawyer and also because they no longer represented his views, Schwartzbach said.

    http://www.pacificsun.com/news/show_story.php?id=2793

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    Judge: Schaefer s alleged killer cannot transfer to Marin jail

    A San Quentin inmate charged with murdering a convicted killer from Novato cannot stay at Marin County Jail while awaiting trial, a judge ruled.

    Frank Souza's lawyers asked that he be transferred to the county jail, claiming San Quentin State Prison is interfering with his mail and compromising attorney-client confidentiality.

    The sheriff's department opposed the request, saying Souza would be an unacceptable security risk at the county jail. The county argued that Souza is among San Quentin's most dangerous inmates, has a history of violent behavior in prison, and is associated with two gangs, the Aryan Brotherhood and the Family Affiliated Irish Mafia.

    Judge Paul Haakenson denied Souza's request on Tuesday on the ground that the court should defer to the sheriff's department on housing arrangements, said Gerald Schwartzbach, a Mill Valley lawyer representing Souza.

    No trial date has been set, and Souza has other motions pending. One of the motions seeks to strike the special circumstances of "lying in wait" in the prison yard slaying of Edward Schaefer; lying in wait is one of numerous special circumstances that can lead to the death penalty in California.

    Souza, 31, is accused of stabbing Schaefer seven times in a prison yard on July 26. The attack occurred less than two weeks after Schaefer started his prison sentence for killing 9-year-old Melody Osheroff and maiming her father in a Novato crosswalk during a drunken ride
    Advertisement
    in 2009.

    Souza has pleaded not guilty to murdering Schaefer. He is already serving 60 years to life for killing a homeless man in San Jose.

    http://www.marinij.com/marinnews/ci_18231996

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    DA to seek death penalty for Schaefer s alleged prison killer


    Frank Souza right

    Prosecutors plan to seek the death penalty against a San Quentin inmate charged with murdering Edward Schaefer, the man who killed a Novato girl with his motorcycle, the district attorney said Wednesday.

    Frank Souza, 31, is eligible for capital punishment because he is charged with two special circumstances: having a prior murder conviction, and "lying in wait" to ambush Schaefer. Prosecutors notified Souza's lawyer this week that they planned to pursue the death penalty.

    Souza is already serving 60 years to life for the murder of a homeless man in San Jose, likely making any sentence in the Schaefer homicide a moot point. Souza's defense attorney, Gerald Schwartzbach, said the death penalty decision is "irrational and fiscally irresponsible."

    "One, he's never going to be released," Schwartzbach said. "Two, a capital trial, and the preparation for a capital trial, is enormously more expansive, consumes a great deal more time, money and resources.

    "Even if the prosecution were successful and obtained the death verdict, Mr. Souza would likely be on death row — if the death penalty were to survive as a penalty — 20 to 25 years."

    District Attorney Ed Berberian said there is still the possibility of parole in Souza's prior murder case, or some unforeseen development in the courts.

    "It's never easy to seek the death penalty on anyone, but he is someone who has killed before," Berberian said. "He's responsible, clearly, for the deaths of two individuals, and I just cannot find that there are mitigating circumstances."

    Souza is accused of stabbing Schaefer seven times in a prison yard on July 26, 2010. The attack occurred less than two weeks after Schaefer started his prison sentence for killing 9-year-old Melody Osheroff and maiming her father in a Novato crosswalk during a drunken ride in 2009.

    "All I got to say is, 9-year-old girl," Souza said after Schaefer's slaying, according to grand jury testimony by a prison Officer William Eberly.

    Schaefer, who was convicted of murder, manslaughter and other charges, was not eligible for the death penalty in his case.

    http://www.marinij.com/marinnews/ci_18703812

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    Souza needs some more work done to catch up with Allgier in the racial tattoo category. Get on it Frank!

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