2021 JUDGE PAUL JOSEPH KELLY, JR. INVITATIONAL TRIAL ...

FORDHAM UNIVERSITY SCHOOL OF LAW

and THE BRENDAN MOORE TRIAL ADVOCATES

present the

2021 JUDGE PAUL JOSEPH KELLY, JR. INVITATIONAL

TRIAL COMPETITION

New York, New York November 2021

Written by Haseeb Fatmi

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Judge Paul Joseph Kelly, Jr.

The Judge Paul Joseph Kelly, Jr. Invitational Trial Competition was created in 2011 with the generous assistance of Patrick W. Kelly to honor his brother, Judge Paul J. Kelly, Jr., Fordham Law School Class of 1967.

Judge Paul J. Kelly, Jr. grew up in Freeport, New York, receiving his B.B.A. from the University of Notre Dame and his J.D. from Fordham University School of Law. After beginning his career in New York City, Judge Kelly moved to New Mexico where he practiced commercial litigation for many years with Hinkle, Cox, Eaton, Coffield & Hensley, eventually founding and managing the firm’s Santa Fe office. Between 1977 and 1981, he also served in the New Mexico State House of Representatives. His public service work included serving as an original member of the New Mexico Public Defender Board, which established the State Public Defender System.

In 1992, Judge Kelly assumed the bench as a Circuit Court Judge for the United States Court of Appeals for the Tenth Circuit, having been nominated by President George Herbert Walker Bush. Besides maintaining a full appellate docket, Judge Kelly frequently accepts assignments to preside over trials, sitting by designation as a United States District Judge. His community service also extends beyond the law. Since 1983, Judge Kelly has served as a firefighter and emergency medical technician with the Hondo Volunteer Fire Department in the rural area outside Santa Fe.

Judge Kelly has been widely recognized for his service inside and outside the courtroom. Among many others, Judge Kelly has received the Professionalism Award of the American Inns of Court for the Tenth Circuit, the Fordham University Law School Lifetime Achievement Award, the University of Notre Dame’s Cunningham Lifetime Achievement Award, and the 2005 Firefighter of the Year Award from the Hondo Fire District.

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IN THE SUPERIOR COURT OF THE STATE OF FORDHAM COUNTY OF MARTIN

------------------------------------x THE PEOPLE OF THE STATE OF FORDHAM,

INDICTMENT #2020-011 -against-

CHRISTOPHER VON AEGIR,

DEFENDANT. ------------------------------------x

INDEX OF CASE FILE

A. Local Rules ........................................................................................................................................... 3

B. Stipulations ........................................................................................................................................... 7

C. Indictment .......................................................................................................................... 11

D. Jury Instructions ................................................................................................................. 13

E. Verdict Sheet… .................................................................................................................. 17

F. Witness Materials a. Grand Jury Testimony of Detective Taylor Shah .................................................... 18 b. Grand Jury Testimony of Ezra Robinson ............................................................... 40 c. Grand Jury Testimony of Alex Gold… ............................................................................ 54 d. Grand Jury Testimony of Christopher Von Aegir… ...................................................... 70

G. Exhibits ................................................................................................................................................ 81

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DEFENDANT. ------------------------------------x

LOCAL RULES

1. The Government must call both Detective Taylor Shah and Ezra Robinson.

2. The Defense must call both Christopher von Aegir and Alex Gold.

3. The following are available to all parties as part of the joint exhibit list: ● 1 - Police Report of Incident ● 2- Forensics Report ● 3- Victim’s Autopsy ● 4- Photo of Salon, Exterior/Day ● 5- Photo of Salon, Exterior 1 ● 6- Photo of Salon, Exterior 2 ● 7- Photo of Salon, Exterior 3 ● 8- Photo of Salon, Interior 1 ● 9- Photo of Salon, Interior 2 ● 10- Photo of Salon, Blood Spatter ● 11- Crime Scene Diagram ● 12- Defendant’s Cell Phone Records ● 13- Map of Martin County ● 14- Map of Augustine Falls ● 15- Map of Monlyth Ridge ● 16-Map of Whitewater ● 17-Defendant’s Discharge Summary ● 18- Currency Transaction Report ● 19- Prison Phone call Transcript ● 20- Aided Police Report ● 21- Photo of Von Aegir’s Office ● 22- Photo of Broken Display Case ● 23- Bank Withdrawal ● 24- Email from Defendant to Victim ● 25- Emails from Defendant to Wheatley

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● 26- Web Page for Gun Purchase ● 27- Photo of Gun (Full) ● 28- Photo of Gun (Barrel) ● 29- Photo of Gun (Hammer) ● 30- Photo of Gun (Handle) ● 31- Photo of Gun (Base) ● 32- Article on Defendant’s Arrest ● 33- Article on Gentrification ● 34- Grand Jury Testimony of Wife ● 35- Divorce Court Order ● 36- Rap Sheet ● 37- Plea Hearing Transcript ● 38. Audio Recording of Jail Call

4. Competition Schedule and Format: There will be two preliminary rounds during which each team

will try the case once as government and once as defense. Four teams will advance to a semifinal round, followed by a final round.

5. Criteria for Scoring:

Motions in Limine and Objections (10 points)

Opening Statement (20 points)

Direct Examinations of Witnesses (20 points)

Cross Examinations of Witnesses (20 points)

Closing Argument (20 points)

Use of Evidence (5 points)

Civility, Ethics, and Professionalism (5 points)

6. Team Composition: Each team must consist of two law student advocates. Witnesses for each round

will be provided by Fordham Law and may be played by any gender. The defendant is portrayed as a male, but can be played by any gender. All other witnesses are gender neural and can be played by any witness. No reference may be made to the voice of the defendant sounding different on the witness stand than on the recording.

7. Coaches in the Courtroom: Except during the final round, coaches are only allowed in a courtroom in

which their team is competing. 8. Time Limits: The Prosecution shall be allotted 80 minutes to conduct their entire case and the

Defense shall be allotted 70 minutes to conduct their entire case. An additional 10 minutes will be given to each side for motions in limine. Time spent playing the audio recording will not be counted against either side the first time it is played by either side. Additional plays will be counted against the side playing the recording. In the semi-final and final rounds both sides will be allotted 80 minutes to conduct their entire case.

9. Witness Prep: Prior to the start of each round teams will be given 15 minutes to prepare their

witnesses for direct examination. Teams are not permitted to speak to the opposing sides’ witnesses prior to trial.

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10. Time and Objections: The clock will stop during objections and legal arguments of objections. However, if a team makes frivolous objections or engages in unnecessary protracted or repetitious arguments, the judge has discretion to instruct the bailiff to deduct the time spent on such objections or arguments from the team that engaged in such practice. Teams should make every effort to be selective and concise in making and arguing objections.

11. Division of Labor: One lawyer will conduct the opening statement and the other will deliver the

summation. They will switch roles when they switch sides so that a lawyer who opens for the government will close for the defense. Only the opposing attorney scheduled to make the opening may object to the opposing counsel’s opening. The same is true for summations. Each attorney for each team will conduct one direct examination and one cross examination. The one-lawyer one- witness rule applies: the direct examiner responds to objections made only by the attorney who will cross examine the particular witness.

12. Witnesses on cross are permitted to testify beyond the scope of direct examination. Re-cross is

permitted at the presiding judge’s discretion. 13. With respect to these proceedings, the Federal Rules of Evidence and Criminal Procedure apply.

14. Teams may draw or make simple charts and drawings to illustrate a point on direct or cross

examination. They may also write or draw on a chart during summation to illustrate or underscore an argument. No such chart, drawing or writing may be based on facts outside the record. No such chart, drawing or writing can be prepared before trial. Teams may use PowerPoint or other presentation software to display admitted exhibits.

15. Rules Against Invention of Witnesses, Facts and Unreasonable Inferences:

15.1. Witnesses may not invent any individual not mentioned in the record and/or have testimony or evidence offered to the court or jury from any such invented individual.

15.2. Witnesses are strictly limited to facts contained in their respective statements and necessary inferences

from their statements, case exhibits and any matters judicially noted under FRE 201. A necessary inference is one that flows logically from the stated facts and includes the logical bases for the witnesses’ knowledge. A necessary inference is not one that is merely possible or just consistent with the stated facts. Nor is an inference necessary simply because it is helpful to the team advancing such inference. For example, if the facts establish that a witness is a practicing attorney, it would be necessary to infer that they graduated from law school and passed a state bar exam. It would not be necessary to infer that the witness graduated from a particular law school, or at the top of his/her class and/or earned a perfect score on the bar exam.

16. Recognizing that the record is limited insofar as it does not contain every possible fact or inference

that might otherwise be available, the following rules apply: 16.1. Witnesses testifying on direct or redirect examination are strictly limited as above.

16.2. Should any team have a witness testify on direct examination to invent facts, the opposing counsel may not object on the grounds of “facts outside the record.” Instead, counsel should impeach the witness with appropriate cross examination regarding the prior omission/present invention of facts. The witness must admit, if asked, that the facts testified to are not in his/her prior statement or otherwise in the record. The witness may not qualify this omission in any way (Such as saying that they were not asked a particular question); the answer should just be an acknowledgement by the witness that he/she did not say this in his/her prior statement.

16.3. Witneses testifying on cross examination do not violate Rule 16.1 by giving a responsive answer to

an open-ended question that refers to facts not contained in the witness’ statement or otherwise in the

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case problem. So if the cross examiner asked the witness in the above referenced example, “What law school did you graduate from?” the witness may name a particular law school (but the witness may not state that he/she graduated summa cum laude because that would be unresponsive to the question.) Teams are not prohibited from exploring negative space; for example, it would be permissible to ask the defendant on cross-examination, “You didn’t have a dog, did you?” To which the witness must reply, “No.”

16.4. If the cross examiner asks a question that requires the witness to go beyond the boundaries of his

statement or the case problem, the cross examiner may not then impeach such statements for not being contained in the record.

17 Clarifications, Questions, and Evidence Issues

17.1 All questions or requests for clarifications should be submitted via email to Alexandra Cosio-Marron

and Victoria Pascullo at [email protected] and include “Kelly Clarification Question” in the subject line by October 1, 2021 at midnight ET.

17.2 Teams are free to ask the court for additional jury instructions or limiting instructions which

they feel are appropriate. Judges will use their discretion in granting or denying those requests.

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STIPULATIONS 1. The parties stipulate and agree that all exhibits are authentic, that is, that they are what they

purport to be. However, the admissibility of any exhibit may be challenged if they are not stipulated as admissible.

2. All fourth amendment issues have been resolved, and no such objections will be entertained at

trial. 3. The witnesses are familiar with all exhibits related to them and to the stipulated facts.

4. No deletions may be made to the jury charges or verdict sheet.

5. There was a pre-trial ruling regarding the instance where Officer Shah went to Wheatley’s house

to talk. The judge ruled that the confrontation clause applied the moment Officer Shah asked Wheatley “What’s upstairs?”. Everything said after that statement is testimonial hearsay.

6. In a pre-trial evidentiary hearing, the parties agreed to redact certain personal identifying

information, including Social Security numbers, dates of birth, and addresses, from certain documents. Motions to undo said redactions will not be entertained.

7. The cellular phone number (917) 555-1701 belonged to Anastacia Robinson. The email address

[email protected] belonged to Anastacia Robinson. 8. The cellular phone number (917) 555-4546 belongs to Albert Wheatley. The email address

[email protected] belongs to Albert Wheatley. 9. The cellular phone number (212) 555-7389 belongs to Alex Gold. The email address

[email protected] belongs to Alex Gold. 10. The cellular phone number (212) 555-8333 belongs to Mary Von Aegir. The email address

[email protected] belongs to Mary Von Aegir. 11. The cellular phone number (212) 555-4691 belongs to Christopher Von Aegir. The email

address [email protected] belongs to Christopher Von Aegir. 12. The Monlyth Ridge Police Department obtained Christopher Von Aegir’s cellular phone

records, Exhibit 12, through a valid record’s request made to Verizon Wireless. The parties stipulated to their admissibility in a pre-trial evidentiary hearing.

13. If called to testify, Edwin Lindsey will state that he is employed as a senior technical specialist

for Verizon Wireless and is the custodian of records of Defendant’s cellular phone records (Exhibit 12). Mr. Lindsey received a valid records request from the Monlyth Ridge Police Department and gathered and produced a certified copy of the data. Mr. Lindsey would further testify that the call duration commences when a call is connected from the home line (the number making the call) to the external line (the number receiving the call). A notation of “0:00:00” under “call duration” denotes that the call did not complete, meaning the external line did not receive the call or did not answer the call. When an external line does not answer a call and the call is transferred to voicemail, the call is routed to a new line and would still note

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“0:00:00” as the call duration.

14. In a pre-trial evidentiary hearing, both parties stipulated to the addition of color coding to the Defendant’s cellular phone records. The “key” at the bottom of the records was placed per stipulation by both parties.

15. The maps of Martin County, Monlyth Ridge, Whitewater, and Augustine Falls, Exhibits 13-

16 are accurate and to scale. During a pre-trial evidentiary hearing, the parties stipulated to the maps’ admissibility and to certain points of interest which have been displayed on each map.

16. Alex Gold produced voluminous business records from Von Gold Management Properties, LLP

in response to a subpoena from the District Attorney’s Office. The records show no transactions in the month of December except for a deposit of $105,000.00 with a memorandum reading “Regan Commission.” One of the documents produced by Alex Gold was a Currency Transaction Report (CTR). The court takes judicial notice that currency transaction reports are an anti-fraud measure used by banks to help prevent money laundering.

17. Albert Wheatley, who is being detained at Raybrook State Penitentiary, will be made available

for identification purposes when called by the prosecution and with his attorney present. Albert Wheatley will not offer testimony.

18. On Monday, February 1, 2021, Mary Von Aegir, through counsel, filed a notice invoking spousal

privilege in the instant case, which has been accepted by the court. 19. Photos of the interior and exterior of Ana’s Beauty Salon, Exhibits 5- 9 were taken by Officer

Dominic Santiago in the early morning hours of December 31, 2020. The parties stipulate to their accuracy.

20. Photos of blood spatter inside of Ana’s Beauty Salon were taken by Officer Emil Narud in the

early morning hours of December 31, 2020. At a pre-trial evidentiary hearing the court considered arguments pursuant to Federal Rule of Evidence 403. The parties agreed to exclude all but one photograph, Exhibit 10. The parties reserve the right to raise objections under Federal Rule of Evidence 403.

21. Exhibit 4’s exterior photograph of Ana’s Beauty Salon and the surrounding area was taken on

January 3, 2021 and produced by Ezra Robinson. 22. Exhibit 11, the diagram of the interior of Ana’s Beauty Salon was constructed by Officer

Dominic Santiago with assistance from Officer Emil Narud, Detective Taylor Shah, and Ezra Robinson.

23. Exhibits 21 and 22, photographs of the interior of Christopher Von Aegir’s office and the broken

display case, were taken by Alex Gold on January 4, 2021. 24. A valid warrant for Christopher Von Aegir’s arrest was granted at 8:15p.m. on January 2, 2021. 25. All police reports, including Albert Wheatley’s rap sheet, were provided by the Monlyth Ridge

Police Department and certified by the Fordham State Department of Justice. 26. Copies of all prior proceedings, including grand jury testimony, have been certified by the Clerk

of Court, County of Martin.

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27. If called to testify, Dr. William Birkin, a certified forensic analyst with the State of Fordham, will state that he was asked to test a blue disposable surgical mask by the Monlyth Ridge Police Department. Based on chain of custody records, the parties stipulate that the mask was the same collected from Albert Wheatley’s bedroom on January 2, 2021. Dr. Birkin identified DNA from saliva on the mask as matching that of Albert Wheatley. Dr. Birkin further identified trace amounts of cocaine on the mask.

28. If called to testify, Dr. Angela Ziegler, a certified forensic analyst with the State of Fordham, will

state that she was asked to examine articles of clothing provided to her by the Monlyth Ridge Police Department. The first set of clothes included: light blue jeans, a red blouse, a black apron, and red flats (set 1). The second set of clothes included: dark blue jeans, black boots, black shirt, and a black hoodie with a yellow symbol on the front (set 2). Based on chain of custody records, the parties stipulate that the first set of clothing were those worn by Anastacia Robinson on December 31, 2020, and the second set were those worn by Albert Wheatley on December 31, 2020.

29. Dr. Ziegler would further testify that blood was found on the right boot of set 2 and the bottom

of the right pant leg of set 2. There was blood found on the apron, blouse, and jeans of set 1. The blood on set 1 matched the blood on set 2.

30. Dr. Ziegler would further testify that a tread print was found on the back of the left pant leg of

set 1. The tread print matched the tread of the right boot of set 2. 31. The Fordham Ram is a well-known state-wide news publication.

32. Choice Bank, N.A., is an internationally recognized bank headquartered in Charlotte, North

Carolina. 33. The parties stipulate the autopsy is admissible.

34. The parties stipulate that the voices on the recorded prison phone call are Albert Wheatley and

Christopher Von Aegir, and that the prison transcript accurately reflects what was said by each person.

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-against-


DEFENDANT. ------------------------------------x

INDICTMENT

INDICTMENT #2020-011

Witnesses: Detective Taylor Shah Mary Von Aegir Alex Gold Ezra Robinson

Fordham Superior Court January Term, 2021

Offenses: F.P.L. § 125.27(1)(a)(vi) Murder in the First Degree

True BILL

Liz Carmine Elizabeth Carmine, Foreperson

Returned in open court by Grand Jury This 6th Day of February, 2020

KaitDiaz Kait Diaz, Clerk

The defendant herein waives a copy of the indictment, list of witnesses, and formal arraignment and pleads

NOT guilty.

This 17th day of February, 2021.

Defendant

OscarAstor Ava Shlahet Attorney for Defendant Assistant District Attorney

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THE GRAND JURORS selected, chosen and sworn charge that, to wit: 1. Elizabeth Carmine, Foreperson 12. Kate Alen 2. Charles Nash 13. John Tanaka 3. Claude Reigan 14. Rebecca Chambers 4. Jean-Baptiste Augustin 15. Gabriel Reyes 5. Ingrid Hunnigan 16. Cody Travers 6. Satya Vaswani 17. Miranda Keyes 7. Kenneth Masters 18. Luis Sera 8. Anya Stroud 19. Alejandro Mata 9. Raphael Kirsten 20. Damon Baird 10. Ijumi Minami 21. Zaeed Massani 11. Matthew Horner 22. Allen Snider

COUNT 1

THE GRAND JURY OF THE COUNTY OF MARTIN, by this Indictment, accuses the defendant, CHRISTOPHER VON AEGIR, of the crime of MURDER IN THE FIRST DEGREE, in violation of the provisions of Section 125.27(1)(a)(vi), of the Penal Law of the State of Fordham, committed as follows:

That said defendant, CHRISTOPHER VON AEGIR, on or about the 30th day of December, 2020, in the County of Martin, State of Fordham, being more than eighteen years of age at the time of the commission of the crime, acting individually and in concert with another, to wit: Albert Wheatley, with the intent to cause the death of another person, to wit: Anastacia Robinson, did cause the death of such person, and the defendant committed the killing or procured the commission of the killing pursuant to an agreement with a person other than the intended victim to commit the same for the receipt, or in expectation of the receipt, of anything of pecuniary value from a party to the agreement or from a person other than the intended victim acting at the direction of a party to such agreement.

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JURY INSTRUCTIONS

INTRODUCTION

Members of the jury, I will now instruct you on the law. I will first review the general principles of law that apply to this case and all criminal cases. Next, I will define the crime charged in this case, explain the law that applies to those definitions, and spell out the elements of the charged crime.

ROLE OF COURT AND JURY

It is not my responsibility to judge the evidence here. It is yours. You and you alone are the triers of the facts, and you and you alone are responsible for deciding whether the defendant is guilty or not guilty.

EVIDENCE GENERALLY

Evidence is the means by which any fact that is put in issue is established or disproved. Evidence includes all of the testimony of the witnesses and the exhibits admitted during the trial. It also includes any stipulations, which are facts agreed to by the lawyers. It does not include the indictment, opening statements or closing arguments by the lawyers, or the questions asked by the lawyers.

DIRECT AND CIRCUMSTANTIAL EVIDENCE

Evidence may be either direct or circumstantial or both. Direct evidence is evidence that points immediately to the question at issue. Evidence may also be used to prove a fact by inference. This is referred to as circumstantial evidence. Circumstantial evidence is the proof of facts or circumstances, by direct evidence, from which you may infer other related or connected facts that are reasonable and justified in the light of your experience.

CREDIBILITY OF WITNESSES

As triers of the facts, you alone determine the truthfulness and accuracy of the testimony of each witness. You must decide whether a witness told the truth and was accurate, or instead, testified falsely or was mistaken. You must also decide what importance to give to the testimony you accept as truthful and accurate. It is the quality of the testimony that is controlling, not the number of witnesses who testify.

If you find that any witness has intentionally testified falsely as to any material fact, you may disregard that witness’s entire testimony. Or, you may disregard so much of it as you find was untruthful and accept so much of it as you find to have been truthful and accurate.

There is no particular formula for evaluating the truthfulness and accuracy of another person’s statements or testimony. You bring to this process all of your varied experiences. In life, you frequently decide the truthfulness and accuracy of statements made to you by other people. The same factors used to make those decisions should be used in this case when evaluating the testimony.

Some of the factors that you may wish to consider in evaluating the testimony of a witness are as follows:

• Did the witness have an opportunity to see or hear the events about which he or she testified? • Did the witness have the ability to recall those events accurately? • Was the witness’s testimony plausible and likely to be true? • Was the witness’s testimony consistent with other testimonies or evidence in the case? • Did the manner in which the witness testified reflect upon the truthfulness of his or her testimony? • To what extent, if any, did the witness’s background, training, education, or experience affect the believability of that witness’s testimony?

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• Did the witness have a bias, hostility or some other attitude that affected the truthfulness of the witness’s testimony?

LAW ENFORCEMENT WITNESSES

You have heard testimony from witnesses employed by a law enforcement agency. The fact that a witness is employed by a law enforcement agency does not mean that his or her testimony deserves more or less consideration, or greater or lesser weight, than that of any other witness. It is up to you to decide, after reviewing all the evidence, what weight to give the testimony of law enforcement witnesses

MOTIVE TO LIE

You may consider whether a witness had, or did not have, a motive to lie. If a witness had a motive to lie, you may consider whether and to what extent, if any, that motive affected the truthfulness of that witness’s testimony. If a witness did not have a motive to lie, you may consider that as well in evaluating the witness’s truthfulness.

BENEFIT

You may consider whether a witness hopes for or expects to receive a benefit for testifying. If so, you may consider whether and to what extent it affected the truthfulness of the witness’s testimony.

INTEREST/LACK OF INTEREST

You may consider whether a witness has any interest in the outcome of the case, or instead, whether the witness has no such interest. You are not required to reject the testimony of an interested witness or to accept the testimony of a witness who has no interest in the outcome of the case. You may, however, consider whether an interest in the outcome, or the lack of such interest, affected the truthfulness of the witness’s testimony.

INCONSISTENT STATEMENTS

You may consider whether a witness made statements at this trial that are inconsistent with each other. You may also consider whether a witness made previous statements that are inconsistent with their testimony at trial. You may consider whether a witness testified to a fact here at trial that the witness omitted to state at a prior time, when it would have been reasonable and logical for the witness to have stated the fact. In determining whether it would have been reasonable and logical for the witness to have stated the omitted fact, you may consider whether the witness’s attention was called to the matter or whether the witness claimed to have stated all material facts bearing on the matter in her previous statement. If a witness has made such inconsistent statements or omissions, you may consider whether and to what extent they affect the truthfulness or accuracy of that witness’s testimony here at this trial.

If I had indicated that the contents of a prior inconsistent statement were not admitted for their truth, they are not proof of what happened. You may use evidence of a prior inconsistent statement only to evaluate the truthfulness or accuracy of the witness’s testimony here at trial.

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PRIOR CONSISTENT STATEMENT; SUBSTANTIVE EVIDENCE You may have heard evidence that, before a witness testified in this trial, that witness made statements that were the same as or similar to what the witness said in the courtroom. You may consider evidence of this statement in determining the facts of this case. In addition, this evidence may help you decide whether you believe the witness’s testimony. If the witness said essentially the same thing before trial, it may be reason for you to believe the witness’s testimony in court.

LIMITING INSTRUCTION

Sometimes evidence is admitted for a limited purpose. Such evidence may be considered by the jury for the sole issue or purpose for which the evidence is limited and not for any other purpose.

PRESUMPTION OF INNOCENCE; BURDEN OF PROOF; REASONABLE DOUBT

The defendant in this case, as in all criminal cases, is presumed to be innocent until proven guilty. The defendant enters upon the trial of the case with a presumption of innocence in his or her favor. This presumption remains with the defendant until it is overcome by the government with evidence that is sufficient to convince you beyond a reasonable doubt that the defendant is guilty of the offense charged. No person shall be convicted of any crime unless and until each element of the crime as charged is proven beyond a reasonable doubt.

The burden of proof rests upon the government to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt. There is no burden of proof upon the defendant whatsoever, and the burden never shifts to the defendant to introduce evidence or to prove innocence.

However, the government is not required to prove the guilt of the accused beyond all doubt or to a mathematical certainty. A reasonable doubt means just what it says. A reasonable doubt is a doubt of a fair- minded, impartial juror honestly seeking the truth. A reasonable doubt is a doubt based upon common sense and reason. It does not mean a vague or arbitrary doubt but is a doubt for which a reason can be given, arising from a consideration of the evidence, a lack of evidence, or a conflict in the evidence.

After giving consideration to all of the facts and circumstances of this case, if your minds are wavering, unsettled, or unsatisfied, then that is a doubt of the law, and you should acquit the defendant. But, if that doubt does not exist in your minds as to the guilt of the accused, then you would be authorized to convict the defendant.

If the government fails to prove the defendant’s guilt beyond a reasonable doubt, it would be your duty to acquit the defendant.

CHARACTER OF DEFENDANT; GOOD

When testimony about a character trait of the defendant is introduced and possession of that character trait would make it less likely that the defendant would have committed the crime for which he or she is charged, the jury has the duty to consider that testimony, with all other evidence in the case, in determining the guilt or innocence of the defendant. Should you credit the testimony, you may find the defendant’s character sufficient to produce a reasonable doubt about the guilt of the defendant. If, after considering any evidence of the defendant’s character along with all of the other evidence in the case, you entertain a reasonable doubt about the guilt of the defendant, it would be your duty to acquit. However, if, after considering all the evidence, including the evidence of the defendant’s character, you believe that the defendant is guilty beyond

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a reasonable doubt, you should not hesitate to convict, despite the evidence about the defendant’s character. The defendant is on trial for the crime alleged in the indictment and their character should be considered only for its bearing, if any, on whether he or she committed that crime.

STIPULATED FACTS

The government and the defendant have stipulated—that is, they have agreed— that certain facts are as counsel have just stated. You must therefore treat those facts as having been proved.

MURDER IN THE FIRST DEGREE - ELEMENTS

Under our law, a defendant is guilty of Murder in the First Degree when, with intent to cause the death of another person, the defendant causes the death of such person, and a defendant procured commission of the killing pursuant to an agreement with a person other than the intended victim to commit such killing for the receipt of anything of pecuniary value from a party to the agreement, and the defendant was more than eighteen (18) years old at the time of the commission of the crime.

The following terms used in that definition have a special meaning:

INTENT means conscious objective or purpose. Thus, a person acts with intent to cause the death

of another person when his or her conscious objective or purpose is to cause the death of that person.

To PROCURE means to cause a thing to be done; to bring about, obtain or effect a result; or to induce, prevail upon, or cause a person to do something.

PECUNIARY means consisting of money or that which can be valued in money.

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following four elements:

1. That on or about December 30, 2020, in the county of Martin, the defendant, Christopher Von Aegir, caused the death of Anastacia Robinson; 2. That the defendant did so by procuring the commission of the killing pursuant to an agreement with a person other than Anastacia Robinson to commit such a killing for the receipt of something of pecuniary value from a party to the agreement; 3. That the defendant did so with the intent to cause the death of Anastacia Robinson; and 4. That the defendant was more than eighteen (18) years old at the time of the commission of the crime.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.

UNANIMOUS VERDICT

Whatever your verdict is, it must be unanimous (that is, agreed by all). The verdict must be in writing and signed by one of you as foreperson of the jury, dated, and returned to be published in open court.

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DEFENDANT. ------------------------------------x

VERDICT SHEET

WE THE JURY, find as follows as to the defendant CHRISTOPHER VON AEGIR in this case: Do you find that CHRISTOPHER VON AEGIR did intend to cause the death of ANASTACIA ROBINSON? YES _______ or NO _______ Do you find that CHRISTOPHER VON AEGIR did cause the death of ANASTACIA ROBINSON? YES _______ or NO _______ Do you find that CHRISTOPHER VON AEGIR procured the commission of the killing pursuant to an agreement with a person other than the intended victim, to commit the same for the receipt, or in expectation of the receipt, of anything of pecuniary value from a party to the agreement or from a person other than the intended victim acting at the direction of a party to such agreement? YES _______ or NO _______ Do you find that CHRISTOPHER VON AEGIR was more than eighteen (18) years old at the time of the commission of the crime? YES _______ or NO ______

So say we all, this day of November, 2021 at Martin County, Fordham.

Foreperson

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DEFENDANT. ------------------------------------x

REPORTER’S TRANSCRIPT OF GRAND JURY PROCEEDINGS

Thursday, January 28, 2021

WITNESS:

TAYLOR SHAH, Detective, First Grade, Monlyth Ridge PD

APPEARANCES:

AVA SHLAHET,

Assistant District Attorney of the County of Martin, representing

the Office of the District Attorney.

CARLOS OLIVEIRA, CSR No. 1433 Official Reporter

18

1 TAYLOR SHAH was called as a witness and having been first

2 duly sworn was examined and testified as follows:

3 Q: Good morning detective.

4 A: Oh good morning.

5 Q: Could you please state your name for the record?

6 A: Uh yes, Taylor Shah, S-H-A-H.

7 Q: And what do you do detective?

8 A: Well, I’m a police officer at the Monlyth Ridge police

9 department. Detective first grade.

10 Q: And that’s monly, how do you pronounce—

11 A: It’s, it’s monolith. Mono-lith. Not monly-ith. 12 Q: Ok, thank you. Could you explain what first grade means?

13 A: Yes, we have three grades, you start at third grade and

14 you work your way up to first grade.

15 Q: Thank you. Could you tell us how long you’ve been working 16 for the Monlyth Ridge PD and just, can you describe, from when

17 you started until now?

18 A: Sure. I’ve been working there, I started working there in

19 2006. I started as a patrol officer for three years. My beat was 20 in the fourth, and then I moved to the organized crime unit for

21 three years and was part of the K-9 unit. Then—

22 Q: What was, sorry, what was, you said a beat in the fourth.

23 Could you explain what that means for the jury? 24 A: So the department, the city is divided into six sections,

19

1 precincts. I was in the fourth precinct.

2 Q: Ok thank you. Sorry, please continue.

3 A: Right. Ok. So I was in organized crime for three years, and

4 I did that through the K-9 unit for an additional two years.

5 And then I moved to the homicide unit and was promoted to

6 detective third grade after two years, then detective second and

7 now I’m detective first.

8 Q: When did you, when were you promoted to first grade?

9 A: That was last year. That was, it was April of last year.

10 Q: And currently you’re with, you’re still in the homicide

11 unit? 12 A: Yea, yes. Yes. I’m in the homicide unit, which covers all

13 six, it’s a, the specialized units cover all six precincts.

14 It’s the, the homicide unit is part of the major crimes bureau

15 which covers all six precincts in the city. 16 Q: Ok, thank you. And as a detective in the homicide unit,

17 what are your duties, what are your typical duties?

18 A: So the detectives are each assigned, we’re each given our

19 own cases, and we work them. Sometimes we can, we have 20 authority, or I mean, we can assign other officers or work with

21 other officers on our cases but the cases are assigned to a

22 detective and we work them. So that means investigating cases.

23 Q: So does that mean, do you actually go down to crime scenes 24 and investigate them?

20

1 A: Yea, yes. So for example, I may have officers from the

2 precinct conduct interviews or bag evidence, but I also collect

3 and bag evidence, take statements. Or I may take a case over

4 from another officer if it gets reassigned to major crimes. But

5 I can do all that, yea.

6 Q: How many homicides have you investigated?

7 A: Oh let’s see, we really, there are usually about 30 a year

8 sadly. So I’ve done about 40 as lead, and then I worked on a lot

9 of others before I was in major crimes as an officer.

10 Q: Ok, so, I want to ask about your certifications and

11 training. Can you tell me what sort of training you’ve received? 12 A: That’s, I mean, can you, that’s—

13 Q: Right ok, sorry. So let’s start with ballistics for

14 example. Have you had any specialized ballistics training?

15 A: Sure, yes. So each officer has to have basic ballistics 16 training, that’s really how to operate firearms and firearm

17 safety. And then you can get an advanced ballistics

18 certification, that’s what it’s called, an ABC, through the

19 state of Fordham. That’s really more focused on investigating 20 firearms, like swabbing for DNA and gunpowder, examining bullets

21 and casings and matching them to guns. There’s another

22 certification, an expert ballistics certification through the

23 state and the ATF which I don’t have. But that’s more for like 24 blood spatter and things like that. I have an ABC.

21

1 Q: And what about, any trainings for investigations?

2 A: Sure, so there are basic trainings for anyone who wants to

3 make detective. Not certifications, just trainings and you

4 basically complete it and get a stamp. So I received training on

5 investigations, that’s bagging and chaining evidence, witness

6 interviews, searches and warrants, umm yea things like that.

7 Q: What is chaining evidence?

8 A: Chaining of, chain of custody. That’s, you have to, when

9 you collect evidence you have to make sure that it’s bagged and

10 recorded properly at every step of the way, it’s not tampered

11 with. So all officers grades one two and three get special 12 training on that before they get detective three, and then we

13 have to basically retrain every year.

14 Q: Anything else? You mentioned K-9?

15 A: Yea I have a K-9 certification, it’s through, I can’t 16 remember. It’s CCU, I don’t remember what it stands for. But

17 it’s a program that’s approved by Fordham state. I have a

18 paramedic certification through the state. I also have a cert in

19 Domestic Violence Intervention. That one’s through the National 20 Sheriffs’ Association, and they offer it in different states and

21 they, Fordham offers it through them here.

22 Q: What does that entail?

23 A: Well that’s, it goes into special considerations for 24 investigations involving, see domestic violence, the way they

22

1 define it isn’t just people in the same house, but people with

2 long-term relationships. So it covers like a parent and kids,

3 ex-spouses and boyfriends and girlfriends, it’s a broad

4 definition. So the certification through the NSA teaches you

5 special things and signs to look for in those sorts of

6 investigations.

7 Q: What’s your puppy’s name?

8 A: Ajax. He’s not a puppy. I mean he is, but he’s a fatty,

9 he’s not a little puppy anymore.

10 Q: Do you still, is he still your partner?

11 A: Not since I moved out of organized crime. But he’s retired 12 now. I adopted him. He takes up space on my bed.

13 Q: Alright. So you said you lived in Monlyth. In Martin

14 County, Fordham, correct?

15 A: No, no. Used to though. I live in Whitewater, a town over. 16 But I work here.

17 Q: Alright. Ok, so I want to ask you about your investigation

18 involving, on, on December 30 of last year. Were you on duty

19 that day? 20 A: Yes. I was on duty that day.

21 Q: Could you tell us what happened that day?

22 A: Sure, I was, I normally work the day shift but I’m on call,

23 major crimes detectives are on call. So around midnight I, 24 actually, sorry. It was midnight December 31. I got a call.

23

1 Q: Right, so just to clarify, this is late night of December

2 30, and midnight, early morning December 31.

3 A: Right, yea. So, I got a call around midnight, shots fired.

4 Q: Who called you?

5 A: So the way it works is, well, my sergeant, the sergeant.

6 Basically when a 911 call is made, dispatch will send officers

7 and then, depending on the situation, they may call in major

8 crimes. So that would have happened and the sergeant gets a call

9 from dispatch who assigns a detective, and my name came up.

10 Q: Does he pick who specifically works a case?

11 A: She. No. There’s a wheel, like your name comes up next when 12 another case gets assigned, so you get assigned that case.

13 Q: Thank you. So what did you do when you got the call?

14 A: I got up, I was, I was about to put down for bed. I got up

15 and got dressed and went to the scene. 16 Q: Where were you called to?

17 A: It was a beauty salon in downtown, around downtown. It was

18 called, it was called Ana’s Beauty Salon.

19 Q: And that was here in Monlyth Ridge? 20 A: Yes. So I drove, I arrived at the scene, it must have been

21 about 1 o’clock in the morning when I got there.

22 Q: Were you, were there other officers there?

23 A: Yes, there were already, I think there were two cars, and 24 there was an ambulance.

24

1 Q: Could you please walk us through what happened after you

2 arrived.

3 A: Sure, so, first I identified myself, I, I’m plain clothes,

4 meaning I don’t, our detectives don’t normally wear uniforms. So

5 I identified myself and took charge of the scene, asked who was

6 leading before I arrived, and they pointed me to the, Officer

7 Santiago. Dominic Santiago. He’s a first grade, officer, up for

8 detective. Good guy, does good work.

9 Q: Could you take us through what you saw and did next?

10 A: Sure. So I went into the salon. There were two people

11 there. They were each meeting with, sorry. I saw two people 12 there who weren’t officers or paramedics, one was sitting on the

13 ground and one was leaning against a table. They were both with

14 paramedics. I walked in, I saw a pool of blood on the ground.

15 Officer Santiago informed me that they had taken the victim to 16 the hospital in a different ambulance. I noticed there was an

17 area with blood spatter and then a pool of blood.

18 Q: Ok, please continue.

19 A: So I looked at the door, no signs of forced entry. I spoke 20 with, there was a woman sitting on the floor. She spoke, I’m

21 not, I’m not sure. Like French or something and we didn’t have a

22 translator. So then there was someone else there and I spoke

23 with that person. 24 Q: Who did you talk to?

25

1 A: I spoke with Ezra Robinson. They said the victim was

2 their sister.

3 Q: Did they identify the victim?

4 A: Yes, they said the victim was Ana Robinson.

5 Q: Thank you. Please continue.

6 A: They said they were open late that night because, usually

7 they close at six but they were open late that night because a

8 bunch of people wanted to make last minute appointments before

9 New Year’s, so they stayed open. They told me that around 11:45

10 that night a man by the name of Albert Wheatley came in with a

11 revolver. Ordered everyone on the ground, and yelled out for 12 the owner. The victim identified herself, and apparently

13 Wheatley told her to open the register. She did it, and Wheatley

14 took the money out and ordered her back on the ground. The way

15 Ezra described it, Wheatley stepped on the back of the victim’s 16 leg and shot her once. Took off running.

17 Q: How did you identify the killer?

18 A: I didn’t, not at the time. Just took down his name and

19 description and the clothes he was wearing. Robinson also 20 mentioned that the victim had an ex-boyfriend.

21 Q: Before we get to that, did you recover a shell casing from

22 the scene?

23 A: No, there was no shell casing. 24 Q: Ok. Is that unusual?

26

1 A: Not necessarily. A smart criminal may take the casing with

2 them. A stupid one probably not. But some guns don’t leave

3 casings. Revolvers for example don’t leave casings. So that told

4 me the killer was either smart or used a revolver. Process of

5 elimination, he used a revolver.

6 Q: Alright, thank you. Please continue.

7 A: Ok so we put out an APB for the, an all-points bulletin,

8 for the killer. And then I went to the hospital where they took,

9 the paramedics told me they took the victim to St. John’s. So I

10 went there. I was told she was pronounced dead in the ambulance

11 before she arrived. 12 Q: Did you, did you examine the body?

13 A: Did, what? No. I’m not a doctor. I waited for the autopsy

14 to come in. But they gave me her clothes, which I bagged as

15 evidence to be examined later. 16 Q: Tell me about the boyfriend.

17 A: Sure, so Ezra Robinson told me that the victim had an ex-

18 boyfriend, Chris von Ager, has a hoity toity name like that.

19 Apparently the witness knew him, and they gave me his phone 20 number. I recognized the name too.

21 Q: Who is Chris von, I think it’s actually Aegir, rhymes with

22 higher. How did you know him?

23 A: He’s a big shot real estate guy. Owns a bunch of property. 24 Pushes people out. Everyone knows him.

27

1 Q: Did you know him personally?

2 A: Yea like I said, I used to live in Monlyth. But he, you

3 know, he’s this, he runs this business where he buys up a bunch

4 of property and forces people out. So I had a house in Monlyth

5 and they started a new development nearby. This was like fifteen

6 years ago. Next thing we know, it’s just too expensive, parents

7 had to move out of their place, couldn’t afford it on their

8 pension. I had to leave too. Moved to the town over.

9 Q: What did, so you mean you haven’t met him personally?

10 A: No I did. When all this stuff was happening I met with him.

11 Whole neighborhood signed a petition to get the city to stop him 12 from making his development or whatever. He wouldn’t. He’s in

13 with money you know? But he sells houses too right. So I went to

14 him, asked him to help me keep my house in Monlyth, help my

15 parents keep their place. 16 Q: Did he, did you retain him?

17 A: No. He asked me for my paystubs and I gave him my last

18 three. Never heard from him again. Got a call from his wife,

19 said they don’t run a charity and told me to beat it. This was 20 like ten years ago. I rode by my old house a year back, wanted

21 to see my parents’ house. Lo and behold, entire neighbor was

22 demolished, fenced off. Big sign that said “Von Gold” and

23 something about a new mall. I grew up in that house. That’s 24 what he does. He pushes people out.

28

1 Q: So you didn’t think to ask to be taken off the case?

2 A: No I did. Asked the sergeant, said look, I know this guy. I

3 hate this guy, he’s a crook. I can’t work on this case.

4 Q: What did she say?

5 A: She made me stay on. Said look, everyone knows this guy.

6 Everyone hates him. If she assigns another detective, they’ll

7 say the same thing. So best I stay on it.

8 Q: Alright, please go on with your investigation.

9 A: Sure, so the next day I took the guy’s phone number, von

10 Higher’s phone number and made a records request to Verizon.

11 This was December 31 still. So they turned it around pretty 12 quick. The next day I saw the records, went back some months.

13 They were telling.

14 Q: What did you notice? Hang on.

15 (Whereupon Exhibit People’s 1 was marked). 16 Q: Alright, here are the Defendant’s phone records. When you

17 reviewed these, what did you find so telling?

18 A: Well, first, there are tons of different numbers, but this

19 number here, he makes these regular calls to this 1701 number 20 and receives them. Like a few times per week, like clockwork.

21 Q: Whose number is that?

22 A: I asked Ezra who identified it as the victim’s number. So

23 it looks like they were calling each other a couple times a 24 week. Then in October, nothing. No more calls. First week of

29

1 November, looks like his phone is off. But then a week later in

2 November, there are tons of calls every day to this number.

3 Tons. All through November, December. Each week. But no calls

4 from the 1701 number, only to. Then it stopped on December 10.

5 Q: What did you notice from that date?

6 A: Well, what I noticed then, you see, before that date, all

7 year long, there were lots of calls to and from Von Agger’s

8 phone, Von Higher, whatever, from his phone to all these other

9 numbers. Random numbers. But then on December 15, all of those

10 calls stopped too. Then I mainly only see calls to this other

11 number, this 4546 number. For the next week, I think it was 12 something like 30 calls made to that number.

13 Q: Did you identify who owned that number?

14 A: Yes. So the PDs keep a database of frequent fliers, I mean,

15 repeat offenders. It was a longshot but I figured let me run it 16 there. Sure enough I found someone with that number by the name

17 of Albert Wheatley. Bingo.

18 Q: What did you do with that information?

19 A: Next we went to his house, I had his address from his 20 priors. Wheatley’s house.

21 Q: What were his priors?

22 A: Mainly drug offenses and robberies. Nothing for a few years

23 though, his last arrest was some years ago, like three years 24 ago. Just got out like a year ago.

30

1 Q: What did you do when you arrived at his house?

2 A: We knocked on the apartment door, his wife opened and let

3 us in. We sat down and in walks Wheatley, we tell him to take a

4 seat. He’s not in trouble, not under arrest. Just wanted to

5 talk. So he sits down. Smiling. We ask him if he knows about Von

6 Higher and Ana Robinson. Just broke down.

7 Q: What do you mean, broke down?

8 A: He just starts crying, says “Chris made me do it, Chris made

9 me do it.” We tried to get him to calm down, he wouldn’t. He

10 says “Upstairs. It’s upstairs.”

11 Q: What did, what was upstairs? 12 A: I asked him to show me. He took us upstairs, took us to a

13 clothing hamper in a closet and emptied it out on the ground. It

14 had, I mean, it had everything we needed. Pair of black boots,

15 jeans, black shirt, black hoodie with a yellow design, mask. 16 Matched all the clothes that Robinson had identified the killer

17 was wearing that night. Saw they had blood on them.

18 Q: What did you do next?

19 A: We arrested Mr. Wheatley. We bagged the clothes and we took 20 him to the station. I took his confession.

21 Q: Was that recorded?

22 A: No, our equipment was broken that day, but I typed it up

23 and he read it over and signed it. He said that he agreed to 24 kill Ana Robinson and that Von Aegir would pay him ten thousand

31

1 dollars in exchange.

2 Q: Alright. And, what was Wheatley charged with?

3 A: Yea, so when we charged Wheatley, we saw there were

4 additional reports of area break-ins. No APBs in Monlyth, which

5 tells us that no one was in the area during the commission, but,

6 you know, called in later. So basically he hit a few more

7 places that night. There was a pizza place next door that had a

8 report of a break-in come in the next day, and a garage, a car

9 repair shop that was reported the next day, too.

10 Q: Anywhere else?

11 A: There was a store in Pineview, a convenience store that was 12 robbed at gunpoint. The officer on that took the description

13 and there actually was an APB put out for that, matched

14 Wheatley. And there was another place in East Augustine, but

15 that was just, there was a person who said they were held up but 16 managed to get away, and there was an APB for that too.

17 Q: Alright. What did you do next?

18 A: We booked Wheatley and he was taken away. Then I asked one

19 of my colleagues, Detective Antonio Guster, he’s detective, a 20 detective with the Augustine Falls PD. So I ask him to secure

21 his premises, Von Aegir’s. He wasn’t arrested at the time but I

22 wanted him to secure and surveil his home while we got a

23 warrant. In the meantime, I went back to my desk because I 24 wanted to look at some more evidence.

32

1 Q: What did you review? Let me just mark this. This is a map

2 of Martin County.

3 (Whereupon exhibit People’s 2 was marked)

4 And this too, this is, these are three maps of just

5 Whitewater, Monlyth, and Augustine Falls zoomed in.


7 Q: Alright. What else did you review?

8 A: I just took another look at his cell phone records. You

9 can see that this guy, Von Higher, he lives and works here in

10 Augustine. But the victim works here in Monlyth. It’s a town

11 over. So you can see, I was able to see that he made dozens of 12 calls to the victim, day and night.

13 And then you can see, when these calls to the 4546 number,

14 all of these calls went unanswered. But then on December 22 you

15 see one call from Von Higher to the 4546 number. One call. It 16 was answered, and they spoke for forty-five minutes. Then radio

17 silence. No more calls.

18 Q: Did the calls resume?

19 A: Yea. After December 22, you see a lot of calls from Von 20 Higher to the victim, all of them unanswered. And a lot of calls

21 from Von Higher to Wheatley. All up until December 30. You see

22 one call from Von Higher to the victim at 4:45pm. A bunch of

23 calls between Von Higher and Wheatley. Then radio silence. The 24 next call was at 11:58pm. It was one call from Wheatley to Von

33

1 Higher. He didn’t answer.

2 Q: What did all of this tell you?

3 A: It told me he was stalking this poor woman. He was planning

4 something with Wheatley after that. And then that night Wheatley

5 called his boss to tell him he finished the job.

6 Q: Was there any other evidence you considered?

7 A: Yes. When I spoke with Ezra Robinson again, they told me

8 that Von Higher kept hanging around, coming by the salon the

9 months leading up to the murder, and that the defendant went

10 into the salon with flowers on December 30, around 3pm, asked

11 the victim to dinner. She said no, and he stormed out saying 12 “you’ll see what I’m capable of.” They also told me that at some

13 point, I think back in November, Von Higher offered them

14 twenty thousand dollars to convince the victim to take him back.

15 Q: Thank you. Did you arrest Mr. Von Aegir? 16 A: Yea, so after that I sent my warrant application, my

17 application for a warrant for his arrest to the DA’s office.

18 Then I joined Detective Guster. This was, this would have been

19 pretty late on January 2 now. I was sitting outside the guy’s 20 house in the front, Guster was in the back. I had another

21 officer, Catherine Halsey, at his front door knocking every now

22 and then to ask him to come out before we got the warrant.

23 Q: Is that standard? 24 A: Yea, for flight risks. We can’t go in without a warrant so

34

1 our hands were tied. I saw a black car pull into the driveway.

2 It wasn’t, it wasn’t anyone I recognized. It had one of those

3 Uber lights in the windshield. I flashed my lights and waived

4 him off, and he left.

5 Q: What happened next?

6 A: I deemed that as the killer, the suspect, trying to flee

7 before we could get the warrant, so I requested more officers to

8 appear. Two more cars show up in about ten minutes. About ten

9 minutes later, I get that the warrant came through.


11 A: We were geared up already, so Cat, officer Halsey, took 12 point, breached the door. We entered through the front and

13 walked through the foyer area to a living room, sort of an, like

14 an open living room and an open kitchen on the first floor. And

15 I saw Von Higher there. 16 Q: What was he, withdrawn. Could you describe what you saw?

17 A: So you can see into the kitchen area from the living room,

18 like no wall in between. I saw him face down in the kitchen.

19 A: What did you do? 20 Q: I, well, I have paramedic training. So I rolled him over,

21 checked his pulse, his vitals. He was fine.

22 Q: Did you call an ambulance?

23 A: Yea. So they show up around, it was like, 8:15 8:30 by then 24 so they came, took him away. I went with him.

35

1 Q: Was there anyone else in the house?

2 A: Yea, the wife, his wife was there.

3 Q: Where was she?

4 A: She was just, sitting at the top of the stairs. Like the

5 stairs, it’s all open. So she was just kind of sitting on the

6 top of the stairs.

7 Q: Was she hurt?

8 A: I mean, you know, Cat, Halsey interviewed her. My take was

9 just, she was just kind of there watching the whole thing.


11 Q: I’m going to play a recording. Could you identify this?

(Whereupon exhibit People’s 4 was played) 12 A: Yea, this is a call between Wheatley and the Defendant. I 13 was given a copy by Raybrook as part of my investigation. 14 Raybrook, that’s a prison in Whitewater where Wheatley was being 15 held pre-trial. Apparently after Wheatley was arrested and 16 processed, he called the Defendant. January 1. Before we arrested 17 the Defendant. 18 Q: Could you just explain what they’re talking about?

19 A: Yes, it’s a code. So as part of my training in organized

20 crime, we studied gang lingo. The formal name is cant. Code words

21 graffiti, gang symbols. There’s actually a very specific cant

22 that gangs and dealers in the area use and we had to study

23 it as part of our training in organized crime.

36

1 “Soda” is drugs, usually coke. Like Coca-Cola, soda. A ”party”

2 refers to a hit or a job, here the hit on Robinson. “Crashing”

3 a “party” means something goes wrong. “Pigs” is, well, that’s me

4 haha. Police. “Beans” is money and “Jellybeans” is specifically

5 cash. A “bean” usually means a grand, so 10 beans, 10 thousand

6 Dollars. “Potato” is usually a weapon. “Crow,” not sure. “Milk”

7 refers to a lawyer. “Spoiled milk” is a public defender.

8 Q: Thank you. And how do you know this? 9 A: As part of my training in organized crime.

10 Q: So what is your understanding of what these letters say? 11 A: Sure, basically Wheatley is complaining to the Defendant

12 that he finished the job and he needs his payment, his money and

13 drugs, and the Defendant is acting like he doesn’t want anything

14 to do with him.

15 Q: Alright, thank you detective. Did you ever recover a gun?

16 A: No. So when we took Wheatley in, he said he used a

17 revolver that he got from Von Higher. But he said he threw it

18 away after he fled the scene. He said he threw it out his window

19 on the highway somewhere between Monlyth and Whitewater. The

20 gun was never found.

21 Q: Was there any ballistics analysis done?

22 A: Yes. So Officer Narud, he’s a ballistics expert and one of

23 the officers at the scene that night. He conducted a ballistic

24 analysis from a bullet recovered from the body. It was

37

1 consistent with a .38 Smith & Wesson revolver, which matched 2 what I had learned from Ezra Robinson. 3 (Whereupon Exhibit People’s 5 was marked). 4 Q: If you can just look at this picture, we received this from 5 the defendant’s wife. Is that? 6 A: Yea, this looks like a Smith and Wesson .38.

7 Q: Ok, thank you detective. Do you have anything to add tha

8 we haven’t already covered today regarding this case?

9 A: No, that’s all I have. That’s everything

10 CERTIFIED BY ME TO BE A TRUE and accurate transcript of the

11 within proceedings.

12

Carlos Oliveira 13 Carlos Oliveira

14 Official Reporter

15 ATTESTATION

16 I, the undersigned, have read the foregoing transcript, and

17 attest that it constitutes a true and correct transcription of

18 my testimony given at the time and place specified herein.

19 Taylor Shah 20 Taylor Shah 21

38





DEFENDANT. ------------------------------------x



WITNESS:

EZRA ROBINSON

APPEARANCES:

AVA SHLAHET,




39

1 EZRA ROBINSON was called as a witness and having been first


3 Q: Good morning.

4 A: Hello. Good morning.


6 A: Ezra Robinson.

7 Q: Your address is , Whitewater, Fordham?

8 A: Yea.

9 Q: Thank you. I want to ask you about your sister, Anastacia

10 Robinson. First, I’ll step back. How do you know Ms. Robinson?

11 A: Yea. She’s my older sister. 12 Q: We would all like to get to know Ana a little better, but

13 unfortunately we can’t speak with her today. Before we get to

14 that, could you just tell us about Ana?

15 A: Yea. She was my older sister. She was my role model. Smart, 16 compassionate. Looked after me. What do you want to know?

17 Q: What did she do for a living?

18 A: We owned a business together. A hair salon in Monlyth,

19 Ana’s Beauty Salon. I say co-owned, she owned it. She just, she 20 used to say we co-owned it because, because she always gave me

21 credit. That’s just, that’s the type of person she was.

22 Q: Do you want to, do you want us to take a moment?

23 A: No. Thank you. 24 Q: Alright. What did you do at Ana’s?

40

1 A: Well, Ana was a hairstylist. She was really artistic. So

2 she was like, she was the stylist and behind the scenes she was

3 the manager, like making the business decisions. I just, I was

4 the front of house so I would take appointments and things like

5 that. I’m not a stylist. And I would manage the finances, like

6 pay the rent and the bills and things like that.

7 Q: Did she have other employees?

8 A: Yea there were a few other people, she hired a few other

9 stylists. They were, they weren’t employees, they were like

10 contractors. They would basically like rent a chair and use our

11 overhead and see their own clients or walk-ins. And then we have 12 someone come by to clean up, they’re an employee.

13 Q: I want to ask you about Christopher von Aegir. Do you

14 recognize that name?

15 A: Yea I know him, I’ve known him a while. He’s our landlord 16 and my sister’s ex.

17 Q: When did you first meet him?

18 A: I was, it was a while back. I was in middle school. Ana was

19 starting college. Chris was in college I think. So I met him 20 back then when they were dating. That was like, that was like 15

21 years ago. More than that.

22 Q: Ok. Could you tell me how he came to become your landlord?

23 A: Yea, so, they broke up and we didn’t really hear from him 24 for a while. But then like, it must have been in like, when

41

1 I graduated high school, so that was 2012, I moved out of the

2 house and got my own apartment. So I was looking at apartments

3 and found a place in Whitewater, and Chris happened to be the

4 landlord. I mean, my sister said hey check out this place and it

5 was a building that Chris’s company owned.

6 Q: Was his company Von Gold Management?

7 A: Yea, yea, I think that was it. So I move in and that’s how

8 we kind of reconnected.

9 Q: How did he become Ana’s Beauty Salon’s landlord?

10 A: Oh yea, so. We worked odd jobs for a while and my sister,

11 she also lived in Whitewater. So we worked odd jobs and she 12 would like do people’s hair, like craigslist ads and stuff. And

13 I was like hey like you’re really good at this, you should do

14 this fulltime. So then back in like, three or four years ago I

15 called up Chris and was like hey, we’re looking for like, a 16 small space where my sis can work. And he hooked us up.

17 Q: What does, could you elaborate, what did he do?

18 A: Oh so, he showed us a couple places that his company owned

19 and we found a place we liked in Monlyth, signed a lease. He 20 helped us like pay for the renovations and set up and stuff,

21 helped us get the salon off the ground. So we started that and

22 his company owned the building and we pay him rent every month.

23 Q: I want to talk to you about December 30. 24 A: Ok.

42

1 Q: What were you doing that day?

2 A: I was working at the Salon. It was really busy, gets really

3 busy right around a big holiday. Ana was there, and a few other

4 stylists and a ton of clients.

5 Q: Do you remember seeing Mr. Von Aegir that day?

6 A: Yea. Actually he came in. Which wasn’t unusual. Like he

7 came by a lot day to day, he said to check up on things, see how

8 his favorite clients were doing. Man I was so dumb. So he comes

9 in that day like in the afternoon, late afternoon, with flowers

10 and chocolates. Asks my sister to dinner. She tells him to get

11 lost. I saw the whole thing.

12 Q: What did you see?

13 A: He started yelling, she told him to leave. He said

14 something like “this is mine I own this” or something and she

15 told him to leave. So he throws the flowers and candy on the

16 ground and says something like “You’ll see. You’ll see what I

17 can do.” Storms out.

18 Q: What time was that?

19 A: That was like, three or four in the afternoon.

20 Q: Tell us about that night.

21 A: So that night we were open late because of New Year’s, right?

22 So like it’s getting close to midnight and it’s just me and Ana

23 and Korra, one of the other stylists. And we’re like

43

1 cleaning and locking up, counting tips. So then close to midnight

2 I see someone walk in, I say hey man we’re closed. But

3 then I recognized him.

4 Q: Who was he? 5 A: He was, this guy named Al. He was, he went to school with

6 my sister. We were friends a while back. But like haven’t seen

7 him around for a while. So he comes in and I recognize him and

8 say hey Al, we’re closed. 9 Q: What was he wearing?

10 A: He was wearing dark blue jeans, a black shirt, black hoodie

11 with like a yellow design. Black boots. He had a mask, like one

12 of those disposable masks, and it was down under his chin. He 13 looked like super agitated, bloodshot eyes.

14 Q: What time was this?

15 A: This was close to midnight.

16 Q: Tell us what happened after, withdrawn. Did you recognize 17 this man as Albert Wheatley?

18 A: Yea, yes. Albert Wheatley.

19 Q: Ok, tell us what happened after he entered the salon.

20 A: He pulls out a gun, yells for everyone to get on the 21 ground. I say Al come on man, points the gun at me, get on the

22 ground! We all get on the ground. He says who owns this place?

23 Ana stands up. She was, she was, I was near the front, she was

24 sort of in the back. But she stands up and says I do, says I’m

25 the owner.

44

1 I couldn’t, I couldn’t stop her. But I say Ana and she just

2 shakes her head at me. So, I stay put. Al tells her to open the

3 register and she goes over and she does it and takes a step

4 back.

5 Q: Where was the register?

6 A: It was, it’s kind of near the back. Like you walk in you

7 see the front area where I was. And you see the chairs on the

8 right, and on the left against the wall you see the register.

9 Q: Ok, please continue.

10 A: So, she opens the register, and steps back. He takes out the

11 money. He didn’t, we already closed so our money was in the 12 back, like we took it to the back already. So, the register had

13 like change in it, like $50 dollars for like change for later.

14 So, he takes it, and then he tells her to get on the ground.

15 Q: What happened next? 16 A: Ana gets on the ground, he, Al, he steps on her leg and he,

17 he shot her. He shot her once. And then he just ran out.


19 A: I got up and I ran after him. 20 Q: When you ran after him, could you describe what happened?

21 A: Yea, so he runs out, and I run out after him. And I see him

22 like, he had the gun in one hand and he was, he like called

23 someone, he had his phone in his other hand. He was running with 24 the phone up to his ear and he was panting and yelling.

45

1 Q: Did you hear what he said?

2 A: Yea, he said, I heard him say “Party’s done. Need the ten

3 thousand jelly beans and the soda.”

4 Q: Did you hear him say anything else?

5 A: No, that’s it.


7 A: I was running as fast as I could to catch him, but then I

8 tripped on the curb and went flying.


10 A: I mean, when I got up, I kind of came to my senses, like

11 this guy has a gun right? So I like ran back in, I see Korra on

12 the phone and I’m like call the police and she’s like yea I am. 13 And I run to Ana. I, I hold her. I’m just holding her. I tell

14 Korra to call the police. And I just hold Ana.

15 Q: I’m so sorry.

16 A: She was smiling, she smiled at me. 17 (Whereupon at 10:33a.m. a recess was taken.)

18 (Reconvened at 10:45a.m..)

19 Q: Alright, we’re back on the record. You mentioned that Mr.

20 Wheatley had pulled out a gun. Could you describe it? 21 A: Yea, it was a revolver.

22 Q: Did you recognize it?

23 A: Yea, it was Chris’s gun.

24 Q: How did you recognize it?

46

1 A: Well, it’s like, a really fancy gun. It has all these

2 engravings on it. And like the handle, I recognized the handle.

3 It had some like, it’s like ivory or marble in the handle or

4 something.

5 Q: Ok I’m going to, we marked this earlier. This is, this is

6 exhibit five, people’s five from this morning. These are some

7 emails and some pictures that were given to us by the

8 defendant’s wife. Is this a picture of Mr. Von Aegir’s gun?

9 A: Yea, these are pictures of Chris’s gun.

10 Q: How do you know, rather, why did you say this belonged to

11 Mr. von Aegir?

12 A: I saw this gun in his office. Like, I went to his office a 13 few times. Just like, landlord stuff. But I would go to his

14 office and I saw that gun, he had it hanging up on his wall in a

15 glass frame like above his desk, behind glass. He would like

16 show it off a lot. He had this story about how he got it, I 17 don’t remember. But he was really proud of it, really liked

18 showing it off. Really expensive.

19 Q: And was this the gun that Mr. Wheatley used the night of

20 the December 30? 21 A: You know, it was. It happened really fast.

22 Q: I need you to think back. Was this the gun that he used?

23 A: Yea. I mean, it looked just like that. That’s all I can say.

24 Q: Alright, let’s talk about the early morning hours of

47

1 December 31. You said the police were called. What happened?

2 A: Sure, right so actually first the paramedics show up, two

3 ambulances show up. And one of them, some of them rush to Ana

4 they tell me to move aside, so, I mean. So then two more come

5 over and they’re checking up on me. I, I’m covered in blood

6 right so they’re like checking me and see I’m fine, and there’s

7 another with Korra. Then police show up. I just, I go over to

8 the front and just sit and I’m just dazed.


10 A: So they took Ana away and the cops come and they’re, I’m

11 not really sure. But one of the cops comes over and starts

12 asking me questions. 13 Q: Was that Taylor Shah?

14 A: Yea, yea. I remember, they weren’t, like, I wasn’t sure they

15 were a cop but they had a badge and was asking me questions. So I

16 gave a statement. I told them I recognize the guy, Al. Gave a 17 description of his face and what he was wearing.

18 Q: What did you tell Detective Shah about Mr. Von Aegir?

19 A: I said they used to date. Used to I mean, yea they used to,

20 but. You know, he’s married now. But, I mean. Ana you know she’s 21 smart but you know. I told the detective that he’d been coming

22 around a lot, asking for Ana. Calling her a lot. He’s married

23 you know? I told the detective about how he was in the salon

24 earlier that day, about the fight. And I gave his number. 25 Q: In the months prior, did you ever see Mr. Von Aegir?

48

1 A: Yea I saw him a few times, but I only spoke with him once.

2 Q: When did you speak with him?

3 A: Back in November. I remember because it was like, it was

4 right after Thanksgiving. Chris comes in says hey how’s my

5 favorite tenant? Where’s Ana? And I’m like she’s not in right

6 now. And he’s like good I didn’t want to talk to her I wanted to

7 talk to you.

8 did Mr. Von Aegir say to you?

9 A: He said he really missed Ana and wanted her to come back. I 10 said well you guys broke up like ages ago man, and he just like

11 gives me that look like really? And he says he wants Ana back,

12 then he offers me, he says, he says if you can help me get Ana

13 back, I’ll give you twenty thousand dollars. I’m just like no 14 way man you’re married get out.


16 A: He’s like begging me like please come on I can keep you

17 guys safe, I can keep your family safe. You can be safe. I don’t 18 know. I tell him to leave my family alone. He says, he says like

19 I’m going to make sure you’re not safe. You won’t be safe. Your

20 family won’t be safe. No one’s going to be safe until Ana’s

21 with me. I’m like, we’re done. Get the fuck out. So he leaves. 22 That was the last time I ever saw him until the day Ana died.

23 Q: You mentioned you saw Mr. Von Aegir on other occasions.

24 Could you talk more about that?

49

1 A: Yea, like, I remember a couple of times in November, it was

2 like, a few times throughout the month. Like I would, I work in

3 the front of the salon you know? So sometimes I would just like

4 see him standing there.

5 Q: What was he doing?

6 A: He would just be like standing there, like looking in.

7 Sometimes he was on his phone, sometimes he was just standing

8 there. I don’t know.

9 Q: Do you remember when? 10 A: I mean, it was like, a few times a week. And then once

11 like, this was weird. Like once on like, it was Halloween right?

12 And I see him like outside Ana’s place.

13 Q: Could you describe what happened? 14 A: So like Ana lives up the road from me, but for Halloween I

15 was over and we were like, you know passing out candy and stuff.

16 So like I was over and the family was over and we were hanging

17 out and some trick or treaters come by so we like answer the 18 door. And when we do like I look across the street and I could

19 have sworn I saw him. Like I saw Chris just like, standing

20 across the street.

21 Q: Did you, withdrawn. How did you respond? 22 A: I didn’t, I mean. I just kind of saw him but thought nah

23 that can’t be, and just went back inside. It happened again

24 another time.

1 Q: Could you describe what happened?

50

2 A: Yea like same thing, but on like Thanksgiving. The family’s

3 over at Ana’s and like, we’re having dinner and I swear I saw

4 him just like sitting in his car across the street. Like parked

5 outside.

6 Q: Alright, and just quickly going back to the night of

7 December 30. There were, did you hear about other break-ins in

8 the area? 9 A: Yea something like that. There’s a pizza place next door

10 and they got hit too, and there’s like a garage too that I think

11 something happened. I don’t know.

12 Q: Thank you. That’s all I have. Is there anything else you 13 would like to add?

14 A: No just, I know it was him.

15 Q: Alright. Is there anything else you would like to add?

16 A: No, that’s all I have to say. I’ve said everything I know.

17 Q: Ok, let’s adjourn. We’ll come back at one o’clock.


19 Within proceedings.

20 Carlos Oliveira

21 Carlos Oliveira 22 Official Reporter

22

51

1 ATTESTATION 2 I, the undersigned, have read the foregoing transcript, and


4 my testimony given at the time and place specified herein. 5

6 Ezra Robinson 7 Ezra Robinson

52





DEFENDANT. ------------------------------------x



WITNESS:

ALEX GOLD

APPEARANCES:

AVA SHLAHET,




53

1 ALEX GOLD was called as a witness and having been first


3 Q: Good afternoon.

4 A: Hi, good afternoon.


6 A: Yes, my name is Alex Gold.

7 Q: Your address is , Augustine Falls,

8 Fordham?

9 A: Yes, that’s my home address.

10 Q: You work at Von Gold Management?

11 A: Yes, Von Gold Management Properties, LLP. 12 Q: And that is located at ,

13 Augustine Falls?

14 A: Yes, that’s correct.

15 Q: You are familiar with Christopher Von Aegir? 16 A: Yes, he’s my business partner.

17 Q: Describe for us how you met.

18 A: Sure, we met back in 2006. I used to work for another real

19 estate firm, Summit Hills Real Estate. I was working there for a 20 few years out of college and Christopher joined around 2006.

21 That’s how we met.

22 Q: What did, what sort of work did you do?

23 A: The company, Summit Hills, it’s still in business. They’re 24 one of our competitors now. They’re a real estate broker/dealer,

54

1 meaning they help property owners buy and sell property for a

2 commission.

3 Q: How did you come to work at your current company?

4 A: Chris is a smart guy, and I think we both recognized that

5 the company, Summit, wasn’t really going far. And we thought

6 big. And we thought you know, we can do this on our own, we

7 don’t need them. On top of that, Summit had a lot of properties

8 on the books that they couldn’t sell. Just sitting there. And we

9 thought well, there’s an opportunity there. So, we started our

10 own company.

11 Q: When was that? 12 A: That was, that was 2010.

13 Q: And what does your company, what does Von Gold Management

14 do?

15 A: Well, we also act as a broker/dealer, meaning we also help 16 buyers and sellers, and we take a commission on our sales. But

17 we also, the partnership also owns its own property. Meaning we

18 have our own properties, and we sell them directly to buyers. No

19 dealing with commissions for those. And we also own existing 20 properties that we’ve invested in for development, and we own

21 those properties and rent those out.

22 Q: What sort of properties, residential?

23 A: We own some residential units, so apartment buildings. And 24 we also own some commercial real estate, which we lease to

55

1 small businesses.

2 Q: So how did you two, how did you start your firm?

3 A: Well like I said Summit had a lot of dead properties on its

4 books. Plus, this was about ten years ago, Chris had an idea

5 that there was a lot of land in the area that was going to be

6 valuable one day. So basically, we formed an LLC, and we used it

7 to buy up Summit’s dead properties for super cheap. Then we

8 formed the LLP, Von Gold LLP, and basically convinced our

9 clients from Summit to jump ship with us.

10 Q: There was no, nothing like a conflict, a non-compete?

11 A: No. Like I said, Summit wasn’t well run. 12 Q: Alright.

13 A: And I guess as more people were coming to Monlyth, they

14 were expanding in our direction, so we were able to make some

15 good deals. Monlyth, you know, it used to be, it was like 16 Whitewater. Just a shithole. Excuse me. But Chris and I, we saw

17 it as an opportunity, and it was just developing and we were

18 holding the deeds. So now we lease a bunch of properties in

19 Monlyth and Whitewater, and we carry listings in the tri-city 20 area.

21 Q: Ok. Thank you. Are you familiar with Anastacia Robinson?

22 A: Yes, they’re, she’s one of our clients. One of Chris’s

23 clients. I know she passed last month. 24 Q: And you understand the reason you’re here today is so that

56

1 you can answer my questions regarding her death?

2 A: Yes, yes. I understand.

3 Q: Are you familiar with Ms. Robinson?

4 A: Yes. She was, I’ve met her on occasion. I’ve seen her in

5 the office, and I remember visiting her salon once or twice when

6 they were starting.

7 Q: Could you describe your company’s business relationship

8 with Ms. Robinson?

9 A: Yes. So one of the properties we own, it used to be an

10 abandoned strip mall in downtown Monlyth. But with the city’s

11 revitalization project, we had the opportunity to develop the 12 property and lease it out to businesses. So one of those were,

13 it was a salon. Chris was, we were approached by Ms. Robinson

14 who was interested. We helped develop it and leased it to her.

15 Q: Is that usual, to develop properties before you lease them 16 to tenants?

17 A: Yes, for our business. We finance the renovations for

18 certain properties and then attach a mechanic’s lien on it. So

19 we receive monthly payments, part of which is rent and part of 20 it is paying off the lien.

21 Q: Ok, thank you. You also mentioned that you had seen Ms.

22 Robinson on occasion in the office?

23 A: Yes, they were friends. I mean, they were. You know, they 24 were very good friends. From school.

57

1 Q: Could you describe the nature of their relationship?

2 A: Oh sure yea it wasn’t anything like that. They were just

3 very good friends. She was friends with his wife too, Mary.

4 Q: Let’s step back. How many employees work for your company?

5 A: We have four employee. There’s me and Chris. Then Chris’s

6 wife Mary, she’s our secretary. Does our billing and keeps up

7 our calendar, coffee runs, things like that. And then our

8 receptionist, Owen Bailey, he’s the, he works the front desk.

9 Q: Any cleaning staff, anyone like that?

10 A: We hire a company for cleaning.

11 Q: Your office, is it in an office building, or— 12 A: It’s a stand-alone building, it’s actually an old one-story

13 house that we converted into our office.

14 Q: Alright. You said that Ms. Robinson would come to your

15 office? 16 A: Yea, sometimes. Like she would come by and have lunch or

17 something with Chris.

18 Q: Was that common, meeting with clients that way?

19 A: For sure. Especially our tenants and ongoing business 20 relationships. We try to keep our clients happy. We always had

21 clients and tenants coming by. That wasn’t uncommon.

22 Q: Alright. I want to ask you about the month of December,

23 2020. Did you have occasion to speak with Mr. Von Aegir during 24 the month of December 2020?

58

1 A: Absolutely. I saw him every day.

2 Q: Could you describe your interactions with him?

3 A: Sure. So that month, I remember we had a big deal going on

4 that month. So, we spent a lot of time in the office. There was a

5 couple, I remember the husband was a defense contractor and the

6 wife was a veterinarian, she was starting a fellowship at Rose

7 Hill in January and they were looking for a house in Augustine

8 Falls. Budget was two point five million. The Regans. So Chris

9 and I were in the office or showing properties pretty much

10 around the clock.

11 Q: That’s a good memory. 12 A: Yea I remember they were moving from Canada. Saskatchewan.

13 Q: Is that, that’s very oddly specific to remember.

14 A: They were giving us a lot of money.

15 Q: Ok. Did you have other clients during that time? 16 A: Not really, no. Maybe a few smaller deals here and there,

17 but pretty much when we hook a big fish like that it’s all hands

18 on deck. We look at reeling it in and our other clients kind of

19 have to wait. So I remember at that time, we had like one or two 20 other clients but we were both mainly focusing on this one deal.

21 Q: What did that entail?

22 A: Lots of driving. Like we were both taking turns showing

23 them properties. They were interested in the tri-city area, so 24 we showed them some of the newer developments, but we focused on

59

1 Augustine Falls.

2 Q: Ok. I want to ask you about Albert Wheatley, do you

3 recognize that name?

4 A: Yea, yes I do. That’s, he was one of our clients and one of

5 Chris’s old friends from school.

6 Q: Can you describe, who, what do you know about him?

7 A: Sure, so basically he was, just from what Chris told me, I

8 never met him before. He’s one of these guys who starts on a bad

9 path but you know, you hit rock bottom and turn things around.

10 So Chris tells me he knew him from college, but he dropped out.

11 Spent some time in jail, drugs, that sort of thing. But he just 12 got out and got clean, he reached out to us in December looking

13 for a new home. I met him, he looked, like really clean. Clean

14 cut. Really polite guy.

15 Q: Can you describe that conversation where you met Mr. 16 Wheatley?

17 A: Sure. It was just, I just said hello nice to meet you,

18 shook his hand. This was in Chris’s office. Then he left and

19 Chris told me about this guy, he got his life back in order and 20 wanted to buy a house from us, surprise his girlfriend.

21 Q: When was this?

22 A: This was, must have been early December thereabout. I

23 remember telling Chris you know, can’t this wait until January? 24 We have the Regan deal we need to work out, do we really have

60

1 time? He said look, Albert has been through a lot and he wants

2 to get his life back in order and Chris wanted to help him. I

3 could tell he, you know, he really genuinely cared about this 4 guy. So Chris was, you know, showing him houses kind of in

5 between appointments with the Regans.

6 Q: Alright. I want to ask you about December 30. Could you

7 describe what you were doing that day?

8 A: For sure, that was a big day for us. That was the closing

9 with the Regans. They wanted to move in before New Year’s,

10 that’s why things were so hectic in December. So December 30,

11 bright and early we go to the closing. We’re there all day, and

12 we finally finish up around, like early evening.

13 Q: Who was present?

14 A: Well it was me, Chris, the Regans, the sellers, the

15 sellers’ broker, and we had a real estate attorney to draft

16 everything, and we had a notary show up later in the day.

17 Q: Was anyone in your office on December 30?

18 A: You know, I’m not actually sure. I remember the day before

19 we told Owen and Mary that we were going to be at this closing

20 all day. So we said you two can take a day off if you wanted.

21 And I think they said yea sure thanks boss. So I’m not sure if

22 anyone was in the office that day.

23 Q: Could you describe for me what you were doing the evening

24 of December 30?

61

1 A: Sure, so we finished the closing, got everything signed and

2 executed. Huge deal, big commission. So we decided to celebrate.

3 So Chris calls Mary and I call Jeremy and we go out for dinner

4 and drinks. 5 Q: Who is Jeremy?

6 A: My husband.

7 Q: Ok. Please continue.

8 A: So the four of us go out for drinks, we go to Chez Lief in 9 Augustine. We just, you know, it was time to celebrate. So we

10 get a few bottles and get some food and we stay there for the

11 whole night

12 Q: What time was that?

13 A: Gosh we got there, probably at like six or seven and we

14 stayed there past midnight.

15 Q: Did you, were you driving that night?

16 A: Oh God no. Uber. Ubers for both of us.

17 Q: Do you recognize this? For the record it’s people’s five.

18 A: Yes, I do. That’s, that’s a Smith and Wesson that

19 belongs to Chris.

20 Q: How do you recognize it?

21 A: It lives in Chris’s office. It’s locked in a glass display

22 case and it lives on his wall above his desk.

23 Q: Why is, why does he have a gun in his office?

24 A: No, no it’s nothing like that. No bullets, you know? It’s

25 for decoration. It’s like, when you meet with clients you want

62

1 to show them you know business. So, you know, you get something

2 expensive with a story and they say hey wow what’s that? And you

3 can show off a little. 4 Q: Was this, could you describe this gun for us?

5 A: Yea sure. You can see here, the handle. It’s ivory.

6 And here, this engraving. This is like probably the most

7 expensive thing we had in the office. Chris tells the story

8 all the time. Mary got it for him as a present.

9 Q: Ivory, is that legal?

10 A: Oh, can I, can I plead the fifth on that?

11 Q: We can move on. When was the last time you saw this

12 firearm?

13 A: I’m not sure, I’m not sure. I can’t remember if I saw it in

14 December, on December 29, my last day in the office. But I can

15 tell you I saw it missing in January.

16 Q: Can you, can you talk more about that?

17 A: Yea, sure. So, you know the holiday and all. So I’m back in

18 the office on January 4, that Monday. And I knock on Chris’s

19 office door, he’s not there. But I see a window open. One of his

20 windows are open. And I think wait, that’s not right. And—

21 Q: What was so unusual about that?

22 A: It’s the middle of winter.

23 Q: Ok. Please continue.

63

1 A: So I think yea that’s not right. And I run in and I see, I

2 see there’s glass on the floor by his desk, and the case is 3 broken, the gun’s gone. And the case is just sitting on his desk

4 shattered to pieces.

5 Q: Did you report this to the police?

6 A: Yes, I did. I called the police and they came after like,

7 four hours. You get what you pay for right? So I waited and they

8 showed up finally and I filed a report with them.

9 Q: Ok. I just want to go back to December 30. Where did that

10 meeting with you and Mr. Von Aegir and the Regans take place?

11 A: Oh, that was, we met at the real estate attorney’s office.

12 That was here in Monlyth.

13 Q: Who was the attorney? The real estate attorney?

14 A: Her name is Janessa Gomez, she basically, we use her a lot

15 for a lot of our deals.

16 Q: Do you remember the address of her office?

17 A: Uhh not off the top of my head, no. She’s in Monlyth,

18 she’s, her office is downtown. I can provide it when I get back

19 to the office.

20 Q: Ok, and you said you were with Mr. Von Aegir that entire

21 day?

22 A: Yea. I mean, we broke for lunch around one, but he and I, I

23 had a smoke and he picked some food up from a deli and we ate

24 inside. We ate inside the conference room in Janessa’s office.

25 But otherwise yea we were together the whole day.

64

1 Q: And that was around one p.m.? 2 A: Yea, yes. Noon or one.

3 Q: Ok, he didn’t leave other than that?

4 A: No.

5 Q: Ok, and was he on his phone that day? 6 A: No, we were focused on the closing.

7 Q: Ok, and when did the meeting conclude?

8 A: It was around five p.m..

9 Q: And then you left the meeting?

10 A: Yea, I called Jeremy and he called Mary. And he went home

11 and I went home, and we met back at Chez Lief at around six or

12 six thirty.

13 Q: And that is in Augustine Falls?

14 A: Yes.

15 Q: You didn’t see Mr. von Aegir leave other than when he was

16 picking up food for lunch?

17 A: No.

18 Q: Do you have, when you’re at work do you use your phones, I

19 mean your cell phones or do you have office phones?

20 A: We have LAN lines in the office yea that we use for

21 conferences and client calls, but we use our phones, our cell

22 phones mainly. We’re just, we’re on the road a lot so our

23 clients, we tell our clients and customers to call our cell

24 phones.

65

1 Q: Ok, thank you. Before we go off the record, have you told

2 us everything you know about this case.

3 A: Yes, that’s everything.

4 Q: Thank you. We can go off Carols.



8

9

10 Carlos Oliveira 11 Carlos Oliveira

12 Official Reporter 13

14

15 ATTESTATION



18 my testimony given at the time and place specified herein. 19

20 Alex Gold 21 Alex Gold 22

23

24

66





DEFENDANT. ------------------------------------x



WITNESS:

Christopher von Aegir

APPEARANCES:

AVA SHLAHET,




67

1 CHRISTOPHER VON AEGIR was called as a witness and having

2 been first duly sworn was examined and testified as follows:

3 Q: Good afternoon.

4 A: Good afternoon.

5 Q: I submit as Grand Jury Exhibit #8, a copy of the

6 Administrative Justice’s order concerning the conduct of a

7 witness’ attorney before the Grand Jury. Let the record reflect

8 that I am handing the witness’ attorney a copy of Grand Jury

9 Exhibit #8.

10 Q: Please state your full name and address.

11 A: Christopher Von Aegir. That’s V-O-N-A-E-G-I-R. Rhymes with 12 higher. My address is , Augustine Falls,

13 Fordham.

14 Q: Mr. Von Aegir, your attorney is seated next to you?

15 A: Yes. 16 Q: I am handing you a document entitled “Grand Jury Waiver of

17 Immunity” which has been marked for identification as Grand Jury

18 Exhibit #8. Is that your signature on Grand Jury Exhibit #8?

19 A: Yes. 20 Q: I submit as Grand Jury Exhibit #8, this Grand Jury Waiver

21 of Immunity which the witness has signed. Mr. Von Aegir did you

22 read Grand Jury Exhibit #8 before signing it and before entering

23 the Grand Jury Chamber? 24 A: Yes.

68

1 Q: Did your attorney explain to you the meaning of the

2 document?

3 A: Yes.

4 Q: Do you understand that by signing this document, you are

5 giving up your right to remain silent and you must answer every

6 legal and proper question presented to you by the Grand Jury?

7 A: Yes.

8 Q: Do you understand that by signing this document you are

9 giving up your immunity before the Grand Jury?

10 A: Yes.

11 Q: Do you understand that if this Grand Jury finds that the 12 evidence before it provides reasonable cause to believe that you

13 committed an offense or crime, you may be indicted and convicted

14 of such offense of crime?

15 A: Yes. 16 Q: Do you understand that anything you say here can be used

17 against you in this or any other proceeding?

18 A: Yes.

19 Q: Do you still wish to waive your immunity? 20 A: Yes.

21 Q: Do you do so voluntarily?

22 A: Yes.

23 Q: Has anyone forced you or threatened you in any way to sign 24 Grand Jury Exhibit number eight?

69

1 A: No.

2 Q: Has any promise been made to you by anyone in connection

3 with you signing Grand Jury Exhibit number eight?

4 A: No.

5 Q: Madame Forelady, please swear the witness. Mr. Von Aegir,

6 do you swear that this is your signature on this Grand Jury

7 Waiver of Immunity?

8 A: Yes.

9 Q: Do you swear to the contents and the substance of this

10 Grand Jury Waiver of Immunity?

11 A: Yes. 12 Q: Do you voluntarily waive your immunity before this Grand

13 Jury and agree to answer every legal and proper question put

14 before you by this Grand Jury?

15 A: Yes. 16 Q: Do you wish to make a statement to the Grand Jury regarding

17 an incident that occurred on--

18 A: Yes. I did not do this. This is ridiculous. This is a

19 nightmare. I’d never hurt a fly. Me pay someone to kill Ana? No 20 way. No way. That’s crazy. I liked Ana. She was a really sweet

21 person. I’ve known her since, but we weren’t in a relationship.

22 That would be ridiculous. I did not pay anyone to do anything.

23 And Al? If I was going to pay someone to do something it would 24 never be Al Wheatley, I’ll tell you that. Is that what he said?

70

1 Of course you’re not going to tell me. No one wants to tell me

2 what the heck is going on. I didn’t do anything.

3 Q: Are you finished Mr. Von Aegir? I have some questions for

4 you now. You work at Von Gold Management?

5 A: Yes.

6 Q: Located at , Augustine Falls?

7 A: Yes.

8 Q: You knew Ms. Anastacia Robinson since high school?

9 A: Yes, since 2003. We were in school together and we dated.

10 Q: She was in high school and you were in college at the time?

11 A: No, we had some overlap in high school and in college, but 12 we started dating when I was in business school, I was finishing

13 business school and she was in college.

14 Q: Ms. Robinson was a tenant of your company?

15 A: That’s right. 16 Q: Please describe the nature of your business relationship

17 with her.

18 A: She was, well first, we were, I was friends with—

19 Q: Mr. von Aegir, describe the nature of your business 20 relationship with Ms. Robinson please.

21 A: She was a tenant. She owned a beauty salon in Monlyth Ridge

22 called Ana’s. My company owned the property and we leased it to

23 her. She also had an apartment in Whitewater, and leased it from 24 my company.

71

1 Q: You had a personal relationship with Ms. Robinson.

2 A: Yes. We, like I said, we dated when we were younger. We

3 broke up and I got married and we kept in touch. We’ve been, we

4 were very good friends for years.

5 Q: During your marriage you were romantically involved with

6 Ms. Robinson?

7 A: That’s awful.

8 Q: From January 2020 through August 2020 you met with her on a

9 regular basis?

10 A: Yes, for sure. She’s one of my best friends, her family

11 too. She was friends with me and my wife. 12 Q: She ceased contact with you in October 2020.

13 A: We had a fight, it was about—

14 Q: You placed dozens of calls to Ms. Robinson between October

15 2020 through December 2020? 16 A: That’s, yes but it was because I was worried about her. I

17 wanted to say sorry and I was worried about—

18 Q: You stopped calling her on December 10, 2020.

19 A: I mean, I don’t remember. Around that time I was getting 20 really busy with work, so I didn’t—

21 Q: On December 15, 2020, you began calling someone named

22 Albert Wheatley.

23 A: He reached out to me, he came to my office. 24 Q: You knew Mr. Wheatley from school?

72

1 A: Albert and I were good friends in school but, he was

2 involved in a lot of things that I didn’t want to get involved

3 with. Drugs and things like that. He had just been released from

4 jail last year.

5 Q: You initiated contact with Mr. Wheatley on December 15,

6 2020?

7 A: No. He came, he came to the office a few days before that.

8 He was, he was very clean and just, it was clear to me that he

9 was getting his life back in order. He wanted to buy a house

10 from us, surprise his girlfriend.

11 Q: You placed dozens of calls to him during the next week, 12 none of which he answered?

13 A: That’s right. I was worried about him. I thought he may

14 have relapsed and I got scared, so I kept trying to call him.

15 Q: You visited his home on December 22? 16 A: I called him on December 22 and told him Al, I’m standing

17 outside your door. Let me in. So I went in, and we talked. I

18 just, I wanted to make sure he wasn’t going down that path

19 again. 20 Q: You made numerous calls to him over the next ten days, you

21 met with him on numerous occasions?

22 A: Yea, he was ready to look for houses. So I showed him

23 houses, and we talked about other things too. 24 Q: You spoke with him about Ms. Robinson?

73

1 A: No. Absolutely not.

2 Q: You met with Mr. Wheatley while standing outside of Ms.

3 Robinson’s place of work?

4 A: No. Absolutely not. Albert was, he wanted to look at places

5 in Monlyth and Whitewater. I was showing him places, houses in

6 both places, but trying to get him to move to Augustine.

7 Q: You met with Mr. Wheatley on December 30 outside of Ana’s

8 Styles?

9 A: No. I was in a meeting all day that day.

10 Q: You entered the salon that day.

11 A: No, absolutely not. I was in a meeting that day and then I 12 went out to dinner with my business partner Alex and Alex’s

13 husband and my wife.

14 Q: This is a picture of your weapon?

15 A: That, yes. Yes that’s mine, but it was stolen. 16 Q: This is a 38 Smith and Wesson revolver?

17 A: Yes. My wife got it for me as a present years ago.

18 Q: You keep this in your office?

19 A: Yea, but it was stolen. 20 Q: You keep it loaded?

21 A: Absolutely not. It’s locked in a glass display case. I

22 don’t even have bullets for it.

23 Q: You’re divorced, correct?

24 A: I don’t, that’s not. I’m not. No. I’m not.

74

1 Q: Your wife filed a petition for divorce against you.

2 A: Yes, she did.

3 Q: You were arrested the night of January 2?

4 A: Yes. I was arrested in the hospital.

5 Q: You tried to kill yourself that night?

6 A: What? No.

7 Q: You had excessive alcohol and sleeping pills in your system

8 that night?

9 A: That’s not, no I was, I usually have wine and a sleeping

10 pill. Maybe my wife slipped in something extra or I accidentally

11 took something extra.

12 Q: I don’t have any more questions for you.

13 A: That’s, I’d like to say something.

14 Q: I don’t have any more questions.

15 A: No. I answered your questions, I have the right to say

16 something.

17 Q: Ok. What do you want to say? 18 A: Just that, I have a lot to live for and I’m not stupid

19 enough to throw it all away. And I would never do anything to

20 hurt the woman I love.

21 Q: Ok. Anything else to add about this case? 22 A: No. I’ve said all I know.

75



3 Carlos Oliveira

4 Carlos Oliveira

5 Official Reporter 6

7

8

9 ATTESTATION



12 my testimony given at the time and place specified herein.

13

14

15 Christopher von Aegir

76

Exhibit 1 Monlyth Ridge Police Department Martin County, State of Fordham

Aided Police Report

REPORT/INCIDENT INFORMATION Today’s Date 12/31/2020

Case Number 20-SPL-0938

Date of Incident 12/30/2020

Case Type CRIME PROPERTY REPORT OTHER TRAFFIC COLLISION

Officer Name Taylor Shah

Officer ID 0021

Precinct N/A

Div. SPL

Location of Incident

Monlyth Ridge, FO 27615

Incident Type Homicide/Burglary/Robbery

Witnesses/Interested Persons Anastacia Robinson (dec.)

INCIDENT DETAILS Arrived at the scene approx 1am 12/31/2020. Officers secured scene. Undersigned displayed badge/IDed myself to Officer Dominic Santiago. Took over investigation. Premises was place of business, open. Ana’s Beauty Salon. One ambulance at scene treating two witnesses. Officer Santiago took undersigned to location of blood spatter. Took photographs. No body. Officer Santiago informed undersigned that two ambulances arrived. One took victim to St. John’s hospital prior to undersigned arriving. Took pictures of scene. No signs of forced entry. No property damage.

Undersigned interview one witness, IDed as Ezra Robinson. Witness IDed deceased as Ana Robinson, sister and owner of premises. Witness IDed perpetrator as Albert Wheatley. Approx 5’7, black hair, positive facial hair black, olive skin, brown eyes. Wearing black boots, dark blue jeans, black shirt, black hoodie with yellow design on front, blue disposable surgical mask. Witness stated that perpetrator entered at approx. 11:45pm, produced weapon, demanded bystanders to ground. Demanded owner open register, removed the contents. Perpetrator ordered victim back onto the ground, stepped on back of leg and shot once. Fled the scene. Police were called. Undersigned issued APB for perpetrator. Witness ID Christopher Von Aegir (not present) as possible ties. History with victim. Witness provided phone number of Von Aegir. Witness described perpetrator as carrying a revolver, white handle with scratches.

Undersigned went to St. John’s hospital. Met with ICU/ED Dr. Robert Stewart. Undersigned informed that victim was DOA likely in or before ambulance. Undersigned asked for victim’s personal belongings. Undersigned presented with victims clothes, no other belongs. Clothes identified and tagged as evidence.

No weapon or casing recovered. Ballistics/blood spatter analysis pending by Officer Emil Narud, also present at scene.

Recommendation: Homicide. Keep open pending investigation. Possible DV related.

Signature of Officer Taylor Shah

DEPARTMENT USE ONLY Date Received 12/31/2020

Received By HSF

File Number 7SPL372-3

Open Closed

77

Exhibit 2 Monlyth Ridge Police Department Martin County, State of Fordham

FORENSICS REPORT





Officer Name Emil Narud

Officer ID 0408

Precinct N/A (SPL)

Div. BALLISTICS





DETAILS/EXPLANATION

CRIME SCENE/INVESTIGATION

Undersigned arrived at the scene at approximately 12:45am 12/31/2020. Undersigned IDed self to Officer Dominic Santiago, first on scene and investigation lead. Body was removed by ambulance before undersigned arrived. Officer Santiago brought undersigned to location of where decedent was shot. Undersigned took pictures of blood spatter pending analysis. Detective Taylor Shah arrived at 1:00am 12/31/2020. Changeover to Detective Shah as lead investigator. Undersigned informed Detective Shah that no bullet casing was found at the scene. Undersigned identified one witness covered in blood as Ezra Robinson. Undersigned learned from paramedics no wounds on Ezra Robinson. No blood on second witness. Collected samples and evidence.

ADDENDUM – BLOOD SPATTER FINDINGS (1/2/2021)

Undersigned conducted bloodstain pattern analysis. BPA report/analysis on file.

FINDINGS: Blood spatter consistent with victim shot once in the head while lying face down on the floor. Blood spatter consistent with decedent being turned over and moved one to three feet. Decedent lifted short distance.

OPINION: Decedent was lying on the ground face down when shot once in the back of the head. Shortly thereafter someone attempted to apply pressure and stop the bleeding, likely turning her over and moving her a short distance, likely Ezra Robinson.

ADDENDUM – BALLISTICS (1/12/2021)

Undersigned received one (1) bullet recovered from the victim’s body during autopsy. Undersigned identifies bullet as consistent with a 9.1x29mmR .38 Smith & Wesson Special cartridge.

Signature of Officer Emil Narud

DEPARTMENT USE ONLY

Date Received 12/31/2020

Received By HSF


Open Closed

78

Exhibit 3 OFFICE OF THE CHIEF MEDICAL EXAMINER DEPARTMENT OF HEALTH AND HUMAN SERVICES

STATE OF FORDHAM 4312 District Drive

Geraldine, Fordham 27800

Deceased Information Name: Anastacia Robinson

Age Race Sex Length Weight Eyes Hair Beard 34 MR F 5’5” 135 Brown Brown X

I was kindly requested to perform this autopsy by reference from Dr. Robert Stewart, ICU/ED St. John’s Hospital in Fordham, and the Monlyth Ridge Police Department. I identified the decedent per toe tags as one Anastacia Robinson. Postmortem examination reveals a well-developed adult mix raced woman with a single gunshot wound. Rigor mortis and livor mortis present. The body was not clothed, and clothing was not available at the time of autopsy.

Fatal gunshot wound entering the right parietal scalp and partially exiting the left posterior midline scalp. The entrance wound was a left-side marginal abrasion and external bevel. The exit wound has skin tears pointing left and raised skull chip fragments. Thin film of subdural hemorrhage. Base of the bullet recovered from scalp and tangential wound and forwarded to MRPD for further analysis. Direction is left to right.

Exit wound

Entry wound

● Toxicological findings: None/Within Normal Limits External Exam/Trauma: None/Within Normal Limits Musculoskeletal: Unremarkable/Within Normal Limits Systems: Unremarkable/Within Normal Limits

Opinion: Cause of death single gunshot wound to the head. Manner of death is homicide.

Karin Chakwas 01/09/2021

Karin Chakwas, Deputy Medical Examiner

Examiner Information Name: ID: Supervised: Date of Autopsy:

Dr. Karin Chakwas, Pathologist FS-0036 N/A January 9, 2021

Exhibit 4

Exhibit 5

85

86

Exhibit 6

87

Exhibit 7

Exhibit 8

88

Exhibit 9

89

Exhibit 10

90

Couch

Plant Desk

Chair Chair Chair

Cash Register

MIrror MIrror MIrror

St

Be

Ent 91

Chair

92

Exhibit 12

# Switch Day Call Date

DD-Mon-YY Call Time

HH:MM AM/PM Call Duration

H:MM:SS Home Line Ext Line Call Path

1 EFORD Th 1-Oct-20 9:14AM 0:32:39 2125554691 7180883884 IN (3 2 EFORD Th 1-Oct-20 11:02AM 0:05:08 2125554691 7180883884 OUT(4 3 EFORD Th 1-Oct-20 12:01PM 0:10:22 2125554691 9172171540 OUT(4 4 EFORD Th 1-Oct-20 3:31PM 0:39:18 2125554691 6847673872 OUT(4 5 EFORD Th 1-Oct-20 5:15PM 0:07:02 2125554691 9175551701 OUT(4 6 EFORD F 2-Oct-20 9:09AM 0:23:01 2125554691 9178844822 IN (3 7 EFORD F 2-Oct-20 10:03AM 0:00:53 2125554691 9178016391 OUT(4 8 EFORD F 2-Oct-20 1:45PM 0:01:44 2125554691 9175551701IN (3 9 EFORD M 5-Oct-20 9:13AM 1:44:19 2125554691 2129551009 IN (3 10 EFORD M 5-Oct-20 12:00PM 0:20:39 2125554691 7185150488 IN (3 11 EFORD M 5-Oct-20 1:31PM 0:00:00 2125554691 7185771349 OUT(4 12 EFORD T 6-Oct-20 1:35PM 0:01:50 2125554691 7185771349 OUT(4 13 EFORD

EFORDTW

6- Oct-207- Oct-20

4:02PM7:02AM

0:07:280:00:00

21255546912125554691

9175551701 OUT(4 9175551701IN (3 14

15 EFORD W 7-Oct-20 8:59AM 0:51:22 2125554691 2126506151 OUT(4 16 EFORD W 7-Oct-20 11:47AM 0:04:56 2125554691 2126506151 IN (3 17 EFORD W 7-Oct-20 12:30PM 0:15:17 2125554691 2125557389 OUT(4 18 EFORD Th 8-Oct-20 9:02AM 0:22:10 2125554691 9179447728 IN (3 19 EFORD M 12-Oct-20 10:01AM 0:04:39 2125554691 9170165637 OUT(4 20 EFORD M 12-Oct-20 10:59AM 0:39:20 2125554691 9171713439 OUT(4 21 EFORD T 13-Oct-20 9:00AM 0:01:39 2125554691 2129418970 OUT(4 22 EFORD T 13-Oct-20 9:03AM 0:03:22 2125554691 9175551701 OUT(4 23 EFORD T 13-Oct-20 9:07AM 0:00:01 2125554691 9178990887 IN (3 24 EFORD W 14-Oct-20 9:13AM 0:57:29 2125554691 8964357555 OUT(4 25 EFORD

EFORDEFORD

ThThTh

15-Oct-2015-Oct-2015-Oct-20

9:01AM9:02AM

11:12AM

0:00:001:01:340:13:02

212555469121255546912125554691

9175551701IN (3 9175551701IN (3 9175551701 OUT(4

262728 EFORD Th 15-Oct-20 6:49PM 0:29:10 2125554691 2122327841 IN (3 29 EFORD Th 15-Oct-20 8:02PM 0:00:19 2125554691 2125558333 OUT(4 30 EFORD F 16-Oct-20 7:32AM 0:00:00 2125554691 2126106251 IN (3 31 EFORD M 19-Oct-20 9:01AM 0:09:01 2125554691 9176645023 IN (3 32 EFORD M 19-Oct-20 10:32AM 0:20:09 2125554691 9172840612 IN (3

93


DD-Mon-YY Call Time



33 EFORD T 20-Oct-20 9:03AM 0:00:00 2125554691 9176545446 OUT(4 34 EFORD T 20-Oct-20 9:05AM 0:01:49 2125554691 9176545446 OUT(4 35 EFORD T 20-Oct-20 9:10AM 0:07:24 2125554691 2125557389IN (3 36 EFORD Th 22-Oct-20 9:15AM 0:39:02 2125554691 9176880934 OUT(4 37 EFORD F 23-Oct-20 10:11AM 0:00:43 2125554691 9179973357 IN (3 38 EFORD F 23-Oct-20 6:09PM 0:02:17 2125554691 2125558333 OUT(4 39 EFORD M 26-Oct-20 12:01PM 0:02:18 2125554691 7188246804 IN (3 40 EFORD T 27-Oct-20 8:58AM 1:02:39 2125554691 7183288607 IN (3 41 EFORD T 27-Oct-20 2:29PM 0:13:21 2125554691 2129187440 IN (3 42 EFORD W 28-Oct-20 9:44AM 0:50:26 2125554691 9170975772 OUT(4 43 EFORD Th 29-Oct-20 1:25PM 0:17:29 2125554691 2129445325 OUT(4 44 EFORD Th 29-Oct-20 4:47PM 0:38:11 2125554691 7180384011 IN (3 45 EFORD Su 1-Nov-20 2:05PM 0:02:34 2125554691 9171301467 IN (3 46 EFORD M 9-Nov-20 9:01AM 0:09:32 2125554691 7185368053 IN (3 47 EFORD

EFORDMM

9-Nov-209-Nov-20

9:10AM11:59AM

0:00:000:00:00

21255546912125554691

91755517019175551701

OUT(4 OUT(4 48

49 EFORD M 9-Nov-20 3:10PM 0:05:03 2125554691 9174929578 IN (3 50 EFORD

EFORDEFORD

TTT

10-Nov-2010-Nov-2010-Nov-20

9:00AM9:05AM

11:45AM

0:00:000:00:000:00:00

212555469121255546912125554691

917555170191755517019175551701

OUT(4 OUT(4 OUT(4

515253 EFORD T 10-Nov-20 1:30PM 0:28:38 2125554691 2124058795 IN (3 54 EFORD T 10-Nov-20 6:15PM 0:00:00 2125554691 2129367145 IN (3 55 EFORD W 11-Nov-20 9:04AM 0:03:39 2125554691 2129367145 OUT(4 56 EFORD Th 12-Nov-20 9:01AM 0:03:02 2125554691 7184473202 OUT(4 57 EFORD

EFORDThTh

12-Nov-2012-Nov-20

9:05AM12:02PM

0:00:000:00:00

21255546912125554691

91755517019175551701

OUT(4 OUT(4 58

59 EFORD Th 12-Nov-20 1:00PM 0:08:39 2125554691 9174738498 IN (3 60 EFORD Th 12-Nov-20 1:31PM 0:02:43 2125554691 9176556427 IN (3 61 EFORD Th 12-Nov-20 3:04PM 0:09:38 2125554691 2122926732 IN (3 62 EFORD

EFORDEFORD

FFF

13-Nov-2013-Nov-2013-Nov-20

9:02AM11:59AM7:33PM

0:00:000:00:000:00:00

212555469121255546912125554691

917555170191755517019175551701

OUT(4 OUT(4 OUT(4

6364

94


DD-Mon-YY Call Time



65 EFORDEFORD

SaSa

14-Nov-2014-Nov-20

11:13AM9:02PM

0:00:000:00:00

21255546912125554691

91755517019175551701

OUT(4 OUT(4 66

67 EFORD Sa 14-Nov-20 9:05PM 0:14:38 2125554691 2125557389 OUT(4 68 EFORD Su 15-Nov-20 11:09AM 0:00:00 2125554691 9175551701 OUT(4 69 EFORD M 16-Nov-20 9:02AM 1:24:38 2125554691 2121814363 OUT(4 70 EFORD M 16-Nov-20 1:30PM 1:01:37 2125554691 2121814363 IN (3 71 EFORD

EFORDEFORD

MMM

16-Nov-2016-Nov-2016-Nov-20

3:02PM3:04PM7:35PM

0:00:000:00:000:00:00

212555469121255546912125554691

917555170191755517019175551701

OUT(4 OUT(4 OUT(4

727374 EFORD T 17-Nov-20 9:32AM 2:41:02 2125554691 2124126390 IN (3 75 EFORD W 18-Nov-20 9:02AM 1:29:09 2125554691 7184312622 OUT(4 76 EFORD W 18-Nov-20 12:03PM 0:00:47 2125554691 7180184647 OUT(4 77 EFORD W 18-Nov-20 6:03PM 0:00:19 2125554691 2125558333 OUT(4 78 EFORD

EFORDThTh

19-Nov-2019-Nov-20

9:03AM9:05AM

0:00:000:00:00

21255546912125554691

91755517019175551701

OUT(4 OUT(4 79

80 EFORD Th 19-Nov-20 11:47AM 0:00:18 2125554691 9171621040 IN (3 81 EFORD Th 19-Nov-20 6:48PM 0:00:00 2125554691 9175551701 OUT(4 82 EFORD F 20-Nov-20 9:41AM 0:00:00 2125554691 9175551701 OUT(4 83 EFORD Sa 21-Nov-20 11:30AM 0:00:00 2125554691 9175551701 OUT(4 84 EFORD Sa 21-Nov-20 9:37PM 0:00:00 2125554691 9175551701 OUT(4 85 EFORD M 23-Nov-20 9:03AM 0:29:40 2125554691 9172238090 IN (3 86 EFORD M 23-Nov-20 10:02AM 0:00:00 2125554691 9175551701 OUT(4 87 EFORD M 23-Nov-20 3:17PM 0:00:29 2125554691 7180563045 OUT(4 88 EFORD M 23-Nov-20 5:39PM 0:00:00 2125554691 9175551701 OUT(4 89 EFORD T 24-Nov-20 9:39AM 2:11:39 2125554691 7182743509 IN (3 90 EFORD W 25-Nov-20 10:02AM 0:00:38 2125554691 2129533843 IN (3 91 EFORD W 25-Nov-20 11:44AM 0:01:03 2125554691 9173162480 IN (3 92 EFORD

EFORDWF

25-Nov-2027-Nov-20

12:03PM5:04PM

0:00:000:00:00

21255546912125554691

91755517019175551701

OUT(4 OUT(4 93

94 EFORD Su 29-Nov-20 10:39PM 0:54:21 2125554691 2125557389 IN (3 95 EFORD M 30-Nov-20 10:04AM 0:00:00 2125554691 9175551701 OUT(4 96 EFORD T 1-Dec-20 11:39AM 0:00:42 2125554691 2125558333 IN (3

95


DD-Mon-YY Call Time



97 EFORD T 1-Dec-20 11:46AM 0:00:48 2125554691 2127017419 OUT(4 98 EFORD T 1-Dec-20 1:33PM 0:00:59 2125554691 9172873700 OUT(4 99 EFORD W 2-Dec-20 10:58AM 0:00:37 2125554691 9173105527 IN (3 100 EFORD W 2-Dec-20 12:34PM 0:00:00 2125554691 9175551701 OUT(4 101 EFORD F 4-Dec-20 4:59PM 0:00:40 2125554691 2124158616 OUT(4 102 EFORD F 4-Dec-20 6:02PM 0:00:00 2125554691 9175551701 OUT(4 103 EFORD M 7-Dec-20 9:03AM 2:03:49 2125554691 8649684341 IN (3 104 EFORD

EFORDMM

7-Dec-207-Dec-20

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106 EFORD T 8-Dec-20 4:49PM 0:00:57 2125554691 9171606159 OUT(4 107 EFORD T 8-Dec-20 5:39PM 0:02:39 2125554691 9170988690 OUT(4 108 EFORD T 8-Dec-20 6:34PM 0:00:00 2125554691 9175551701 OUT(4 109 EFORD W 9-Dec-20 9:32AM 1:39:39 2125554691 7183165995 IN (3 110 EFORD

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96


DD-Mon-YY Call Time



129 EFORD Th 24-Dec-20 9:09AM 0:00:00 2125554691 9175551701 OUT(4 130 EFORD Th 24-Dec-20 9:44AM 0:22:19 2125554691 +16392467442 OUT(4 131 EFORD Th 24-Dec-20 11:39AM 0:00:00 2125554691 9175551701 OUT(4 132 EFORD Th 24-Dec-20 2:02PM 0:02:13 2125554691 9175554546 OUT(4 133 EFORD Th 24-Dec-20 3:31PM 0:22:19 2125554691 +16392467442 IN (3 134 EFORD Th 24-Dec-20 6:45PM 0:11:40 2125554691 9175554546 IN (3 135 EFORD F 25-Dec-20 8:57AM 0:07:11 2125554691 +16392467442 OUT(4 136 EFORD F 25-Dec-20 9:45AM 0:09:38 2125554691 9175554546 IN (3 137 EFORD F 25-Dec-20 9:59AM 0:00:00 2125554691 9175551701 OUT(4 138 EFORD F 25-Dec-20 12:07PM 0:00:48 2125554691 9175554546 OUT(4 139 EFORD F 25-Dec-20 2:49PM 0:00:00 2125554691 9175551701 OUT(4 140 EFORD Sa 26-Dec-20 3:31PM 0:03:49 2125554691 9175554546 IN (3 141 EFORD

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156 EFORD Th 2-Jan-21 7:33PM 0:00:00 2125554691 2125558333 OUT(4

KEY

9175551701AnaRobinson 9175554546AlbertWheatley 2125558333MaryVonAegir 2125557389AlexGold

97

Exhibit 13

98

Exhibit 14

101

Exhibit 15

102

Exhibit 16

103

Exhibit 17

St. John’s Medical Center

Patient Name: Christopher Von Aegir DOB: Admission Date: January 2, 2021 8:47PM Discharge Date: January 2, 2021 11:53PM Attending Physician: Dr. Kouzou Fuyutsuki Admitting Diagnosis: possible overdose Discharge Diagnosis: See Below Prognosis: Stable Report: DISCHARGE SUMMARY

HISTORY OF PRESENT ILLNESS

Male patient brought to ICU/ED in police custody. Presents unconscious in stable condition.

REVIEW OF SYSTEMS

VITALS: Stable CONSTITUTIONAL: Unconscious EYES: WNL ENMT: WNL C/R: WNL GI: N/A Skin: WNL Neurological: N/A Musculoskeletal: N/A Endocrine: WNL Psych: N/A Immuno: WNL

COURSE OF TREATMENT Patient presents unconscious in police custody. Saline IV administered. Blood sample taken upon admission for routine examination. Patient regained consciousness appox. one hour upon admission.

POST-ADMISSION ASSESSMENT

VITALS: Stable. CONSTITUTIONAL: No acute distress. Oriented to person/place/time. Alert. EYES: WNL ENMT: WNL C/R: SOB GI: Nausea, abdominal discomfort Skin: WNL Neurological: Positive for confusion, tremor.

104

Musculoskeletal: WNL Endocrine: WNL Psych: Patient presents with hypervigilance. Immuno: WNL

TOXICOLOGY SCREENING

Alcohol Positive

Ethanol .05 g/dL Methanol

Amphetamines Negative

Amphetamine

Methamphetamine

MDMA

MDA

Barbiturates Positive 3000 ng/mL Benzodiazepines Negative

Buphrenorphine Negative

Cocaine Metabolite Positive 0.012 mg kg−1

Fentanyl Negative

Methadone Negative

Opiates Negative

Codeine

Morphine

Hydrocodone

Hydromorphone

Oxycodone

Oxymorphone

Phencyclidine Negative

Tetrahydrocannabinol Negative

THC Negative

TOXICOLOGY ASSESSMENT

Patient was positive for ethyl alcohol for .05 g/dL (equivalent to a BAC of .05%). Patient was positive for barbiturates likely Butisol (prescription sleep medication) at 3000 ng/mL (regular dose after 1 hour approximately 200 ng/mL). Patient was positive for cocaine at 0.012 mg kg−1.

POST-TREATMENT EXAMINATION

Patient is alert and oriented. Stable condition. Patient no longer in acute distress. Patient no longer experiencing shortness of breath. Examination within normal limits.

Prognosis: Stable

DISCHARGE NOTE

Patient released into police custody. No follow-up.

1/2/2021 Dated

Kouzou Fuyutsuki, MD

105

Exhibit 18

106

Exhibit 19

Monlyth Ridge Police Department Martin County, State of Fordham

FORENSICS REPORT

REPORT/INCIDENT INFORMATION

Today’s Date 1/21/2021




Officer Name Taylor Shah

Officer ID 0021

Precinct N/A (SPL)

Div. SPL





I received a copy of the jail call between the Defendant and Albert Wheatley from the Raybrook Correctional

Favility, attached hereto, and which I transcribed below:

Wheatley: Chris it’s Al.

Von Aegir: Why are you calling me?

Wheatley: Mac needs help, pigs opened the gate.

Von Aegir: I’m not sure why you’re calling me.

Wheatley: Mac needs help.

Von Aegir: I’m not sure what you’re referring to. But I’m surprised you’re calling me from a

jail. I’m sorry you decided to go down that path again.

Wheatley: Mac ran out of milk. Only milk here is spoiled.

Von Aegir: I’m not sure what that means. But if you need help or legal counsel or something I

can make some calls, I’m not sure what you did or if this is all just a misunderstanding.

Wheatley: No. The pigs got to Mac and emptied his pockets. I’m done.

Von Aegir: I’m sorry you’re in this situation. I can help you anyway I can. Are they treating you

well? Are they feeding you? I doubt they let you use the vending machines, can’t even buy a bag

of potato chips. I’m sorry.

107

Wheatley: Potato’s mashed, I threw it out the window.

Von Aegir: Fine.

Wheatley: No soda either.

Von Aegir: Right. I can’t imagine you could get that sort of thing in prison.

Wheatley: No. Soda. No soda.

Von Aegir: I remember last time I saw you we went out for drinks.

Wheatley: You bought me half a can of soda. I need the rest.

Von Aegir: I’m not sure that would be possible in your current situation.

Wheatley: And the jellybeans.

Von Aegir: Again I’m not sure what that means.

Wheatley: 10 jellybeans for Mac to go to the party. Party’s over and Mac didn’t get any

jellybeans.

Von Aegir: You know, things in life don’t always go as planned.

Wheatley: Party’s over. But my uncle didn’t show up.

Von Aegir: If I remember correctly you and I had an agreement to go see some more houses

tomorrow. I was hoping that you would lay low and stay out of trouble over New Year’s, and I

could spend the holiday with my family. I had houses for us to go see starting tomorrow, and at

that time I was planning to work out the food and drink situation then.

Wheatley: I’m done.

Von Aegir: It sounds to me like you were the one who decided to check into a guest house. But I

just need to know that things are alright between you and me, that we don’t have any holes that

need plugging. And if that’s the case then I’m sure I can get all the food and drink you were

looking for, even some of that organic milk you always see me drinking.

Wheatley: The good stuff?

Von Aegir: Yes, I can make some calls, but I need to make sure we don’t have any holes to plug.

Wheatley: I’m no Ben. Pigs burned the gate but I kept the door shut.

Von Aegir: So just to be clear, the police just showed up at your door and took you in?

108

Wheatley: Yes.

Von Aegir: And you told them the truth right? That it’s all just a misunderstanding, you relapsed

or something and what, you were passed out on the street when they found you?

Wheatley: I was at home, but yea. Just, couldn’t remember anything. Just, you know, had some,

just, I couldn’t remember. That’s all I said. The truth.

Von Aegir: Ok, that’s great. I’m sure we can sort this all out. I’m not sure what you did to find

yourself back in jail, must have been a crazy night. But let me make some calls and we’ll sort all

of this out.

Wheatley: Ok.

Von Aegir: Please don’t call me again.

Signature of Officer Taylor Shah

DEPARTMENT USE ONLY Date Received 1/22/2021

Received By HSF


Open Closed

109

Exhibit 20

Augustine Falls Police Department Martin County, State of Fordham

Aided Police Report


Case Number 21-009

Date of Incident 1/4/2021 (approx.)


Officer Name Antonio Guster, Det.

Officer ID 3993

Precinct 2

Div. N/A


Augustine Falls, Fordham 27514

Incident Type N/A

Witnesses/Interested Persons Alexander Gold

DEPARTMENT USE ONLY

Date Received 1/4/2021

Received By EOB

File Number 20P009-1

Open Closed

INCIDENT DETAILS Arrived at location at approx. 4pm. Met with complainant Alexander Gold. Place of business. Complainant reported potential break-in/robbery. No signs of forced entry. Complainant indicated open window on first floor. No signs of robbery/burglary. Room kept. No items ransacked/turned over. Complainant asked to itemize stolen/missing items. Complainant indicated to officer a broken picture frame with glass smashed. Complainant said picture frame contained antique gun. No other items itemized. Informed complainant office would contact if more information. Assessment: False alarm. Nothing of value taken. Recommend to close.

Signature of Officer Anthony Guster

Exhibit 21

Exhibit 22

Exhibit 23

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111

AlexanderGoldExhibit 24

From: ChrisVonAegir<[email protected]>Sent: Sunday,December27,20201:15AMTo: AlexanderGold<[email protected]>Subject: FW:AugustineMove

From: ChrisVonAegir<[email protected]>Sent: Friday,November13,20208:42PMTo: AnaRobinson<[email protected]>Subject: AugustineMoveAttachments: AFforA.PDF

Ana,

Youhaven’tbeenansweringmycallsandIguessyoublockedmytextssoIdon’treallyknowhowelsetoreachyousavefromstandingoutsideyourhouse.IjustwantedtoapologizeforhowImadeyoufeellastmonth.WhatIsaiddidn’tcomeoutrightandyoujustmisunderstoodme.Iwasn’tinsultingyouoryourfamily.IwasjusttryingtosaythatIworryaboutyoursafety.Whitewaterisn’tasafearea.Ididn’tmeantoimplyyouwerepoor.Youdon’tliveinasafearea,andthat’sanhonesttoGodtruth.AnddowntownMonlythisn’tmuchbetter,especiallyatnight.Agirllikeyoushouldn’tbeworkinglatenightsinthemiddleofthecity.Iknowit’simportanttoyoubutit’snotsafe.

IreallywishyouwouldmoveclosertoAugustine.It’ssafer,it’sabetterarea.Icanhelpyou.JustlookatwhatI’msendingyouandpleasereturnmycalls.

Chris

Von Gold Properties, LLP Christopher Von Aegir

Augustine Falls, Fordham 27514 Office: (212) 555-8000 Cell: (212) 555-4691 Email: [email protected]

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112

AlexanderGoldExhibit 25

From: ChrisVonAegir<[email protected]>Sent: Wednesday,December23,202010:13AMTo: AlbertWheatley<[email protected]>Cc: AlexanderGold<[email protected]>Subject: RE:AreaListingsAttachments: afalls.PDF;mridge.PDF;ww.PDF

HelloAlbert,youhadmeworriedthereforabit.I’mreattachingthelistingsinthearea.IwanttofocusonAugustine,butWhitewatermaybemoreyourpricerange.TheremaybeafewplacesinMonlythtoothatyoumaylike.Wecanstartlookingatthemtomorrow.Comebytheofficeat2.

Chris Von Gold

Properties, LLP Christopher Von Aegir

Augustine Falls, Fordham 27514 Office: (212) 555-8000 Cell: (212) 555-4691 Email: [email protected]

From: ChrisVonAegir<[email protected]>Sent: Friday,Dec.18,20206:05PMTo: AlbertWheatley<[email protected]>Subject: RE:AreaListings

Albert,

YoudroppedoffandI’mgettingworriedaboutyou.Itreallybrightenedmydaywhenyoucameby,andIwanttomakesureyou’renotgoingdownadarkpathagain.Callmeback.

Chris

Von

Gold Properties, LLP Christopher Von Aegir

Augustine Falls, Fordham 27514 Office: (212) 555-8000 Cell: (212) 555-4691

of2

113

From: ChrisVonAegir<[email protected]>Sent: Tuesday,December8,20201:46PMTo: AlbertWheatley<[email protected]>Subject: RE:AreaListingsAttachments: afalls.PDF;mridge.PDF;ww.PDF

Albert,

Greattohearfromyouagain.Lookslikeyoureallyturnedthingsaround.I’msureyou’reenjoyingthesunshineagain.Takealookattheselistingsandletmeknowwhatyouthink.IhaveyourpricerangeandIthinktheseshouldworkwithsomefinanceoptions.Givemeacallandwecansetupatime.December’sgoingtobeprettybusyformebutI’llmaketime.

Chris

Von Gold Properties, LLP Christopher Von Aegir

Augustine Falls, Fordham 27514 Office: (212) 555-8000 Cell: (212) 555-4691 Email:[email protected]

Exhibit 26

Exhibit 27

Exhibit 28

Exhibit 29

Exhibit 30

122

Exhibit 31

123

Exhibit 32

Home Local ▼ National ▼ World ▼ Culture ▼ Business ▼ Sports ▼ Opinion ▼ About us

Local Businessman Arrested In Connection With String of Robberies Leaving One Dead By Melissa Spurr – January 4, 2021

Local businessman Christopher Von Aegir was arrested this past Saturday night in connection with the killing of Ana Robinson.

The Tri-City community was shocked by a string of robberies in Augustine Falls and Monlyth Ridge culminating in the killing. The alleged gunman, Albert Wexler, who was recently released from jail on drug related and other criminal charges, is alleged to have broken into Robinson’s restaurant in downtown Monlyth Ridge in the early morning hours of New Year’s Eve. He reportedly shot her when she refused to open the cash register before fleeing the scene.

Sources tell the Ram that a car chase ensued which led to Wexler’s capture on I-440 outside of Geraldine, Fordham.

Wexler was charged with her murder as well as a string of robberies and assaults. He reportedly robbed another man as well as a convenience store in Augustine Falls, before breaking into a pizza parlor in Monlyth Ridge.

How Von Aegir is even connected to the robberies is unclear. The Fordham Ram reached out to the Augustine Falls police department and to his wife, but neither were available for comment.

Von Aegir is a lifelong resident of Fordham. Born in Monlyth Ridge, Von Aegir graduated from Rose Hill University in 2002 and earned his MBA from Rose Hill in 2004. Von Aegir is the CEO of Von Gold Real Estate located in Whitewater.

A memorial was held for Robinson on New Year’s Day in Umstead State Park. Robinson’s family declined comment.

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124

Exhibit 33

Home Local ▼ National ▼ World ▼ Culture ▼ Business ▼ Sports ▼ Opinion ▼ About us

Stop Gentrification Now! By Abraham Quayyim – June 18, 2011

In September 2005, the New Orleans real estate developer Finis Shelnutt told a newspaper about the opportunities created by Hurricane Katrina. “The storm destroyed a great deal,” referring not to the over one thousand people killed and the tens of thousands of people expelled by the hurricane, but to its property damage. “And there’s plenty of space to build houses and sell them for a lot of money. . . . the hurricane drove poor people and criminals out of the city, and we hope they don’t come back.”1

Shelnutt’s disgusting comments distilled the essence of gentrification, as Peter Moskowitz explains it in How to Kill a City: Gentrification, Inequality, and the Fight for the Neighborhood.

Gentrification is the process of buying land for development with wealthier markets in mind, ultimately forcing out the area’s current, often less affluent residents. Shelnutt explains that gentrification isn’t just about new bars and bodegas.2 It is, to put it flatly, urban capitalism.

Many anti-displacement activists see gentrification as purely profit-driven: it touches on race and class change of historically disinvested neighborhood. Disinvested, in this context, means that businesses and governments alike have all but abandoned certain urban areas, with little to no investment or development of the existing structures and institutions. Gentrification occurs where land is cheap and the chance to make a profit is high due to the influx of wealthier wage earners willing to pay higher rents.3 And rather than investing in the peoples already living there, pro-gentrifiers simply push them out.

But now, citizens are fighting back.

Fordham Investment Without Displacement (FIWD) has filed a class action lawsuit against the State of Fordham and a number of area real estate developers like Summit Real Estate, Von Gold Management, and Tri- Cities Developments, to end the spread of gentrifications and stop plans for development in Monlyth Ridge. The city’s so-called “revitalization project” has all but destroyed any semblance of zoning laws in the city, allowing for big name developers to knock down houses and replace them anything from parking lots to waste chemical plants.

Plans have already been put in action to turn evict the swaths of people living in and around Monlyth Ridge, and subdivisions scattered around the city have been “re-allocated” for commercial developments, including a new shopping mall in Oberlin. But where will the current residents go?

1 See Colin Kinniburgh, How to Stop Gentrifciation. NewRepublic.com. URL: https://newrepublic.com/article/144260/stop- gentrification 2 See Jacob Vito, In Lawsuit, a Defense Against Sacramento’s Gentrification, TheDavisVanguard.org. URL: https://www.davisvanguard.org/2021/01/student-opinion-in-lawsuit-a-defense-against-sacramentos-gentrification 3 See The National Low Income Housing Coalition, Gentrification and Neighborhood Revitalization: What’s the Difference?, NILIHC.org. URL: https://www.davisvanguard.org/2021/01/student-opinion-in-lawsuit-a-defense-against-sacramentos-gentrification

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125

FIWD argues that the current building plans will exaggerate gentrification and housing inequalities in communities where the vast majority of citizens are renters or retirees. But Monlyth Ridge city council members have pushed back, saying that the project is necessary for economic development and will create thousands of construction jobs, as well as the jobs created by businesses moving in.

Not for the people already living there.

The developers and city council alike ignore the tremendous displacement required to carry out their projects. With the current residences being slowly pushed out, the “poor people and criminals” whom they want gone for good, who exactly is benefiting from these projects?

FIWD is advocating for community land trusts, community benefits agreements, and increased rent controlled housing so that our current citizens have a chance to benefit from these developments. Monetary investment into communities can be a tremendous boon to citizens, especially less affluent areas. And these benefits have a domino effect—increased per capita wages, leading to increased community investment and education are the start to a booming standard of living.

But not when step 1 is to kick everyone out and hope they never come back.

And the problem is getting worse. Take a stand. Say no. End gentrification.

126

Exhibit 34





DEFENDANT. ------------------------------------x



WITNESS:

MARY VON AEGIR

APPEARANCES:

AVA SHLAHET,

Assistant District Attorney of the County of Martin,

representing the Office of the District Attorney.


127

1 2

MARY VON AEGIR was called as a witness and having been

first duly sworn was examined and testified as follows:

3 Q: Please state your name.

4 A: Mary Von Aegir.

5 Q: Your live at , Augustine Falls, Fordham? 6

A:

Yes.

7 Q: You know Christopher Von Aegir.

8 A: Yes.

9 Q: How are you related?

10 A: He’s my husband and business partner.

11 Q: How long have you two been married?

12 A: Almost eight years.

13 Q: Ok. Where do you work?

14 A: Von Gold Management.

15 Q: That’s your husband’s company?

16 A: It’s the company where my husband and I both work, yes.

17 Q: What do you do there?

18 A: I’m the office manager and a financial analyst.

19 Q: What does, what do, withdrawn. What does your job entail

20 day to day?

21 A: I run the day to day, I manage the office, and I’m the 22 23 24

company’s accountant so I maintain the books and billing, data.

Q: Do you have a CPA?

A: I am a certified public accountant, yes.

128

1 Q: Ok. I want to ask you about Anastacia Robinson. Do you know

2 who that is?

3 A: No. 4 Q: You don’t know an Anastacia Robinson?

5 A: I mean I know, I don’t know her, I know of her. I heard her

6 name. I don’t know her personally, no.

7 Q: You’re, you don’t. Ok. One second. I’m showing you what we 8 had, what’s been previously marked as people’s seven. Do you

9 recognize this?

10 A: This is part of our company client list, our tenant list.

11 Q: And just, here, can you, do you see that name. 12 A: Yes.

13 Q: Can you read that name?

14 A: Yes, she was, this is one of our tenants.

15 Q: To be clear, you see Anastacia Robinson listed as one of 16 your company’s tenants, is that correct?

17 A: Yes, she was one of our tenants.

18 Q: So you do know, you personally know Ms. Robinson?

19 A: She’s one of our tenants. I don’t personally meet every one 20 of our tenants.

21 Q: Have you, did you, did you ever meet her in person?

22 A: I don’t remember ever meeting her, no.

23 Q: Did you ever have occasion to interact with her? 24 A: I mean, if she, she’s one of our tenants. So I receive

129

1 payments every month from our tenants but no I never interacted

2 with her other than I guess if she was the one sending us

3 payments for the property she was leasing. 4 Q: Your husband actually knew her though, right?

5 A: I don’t, I mean she was one of our tenants. I already told

6 you.

7 Q: Other than in a professional capacity, your husband knew 8 her?

9 A: I’m not sure about that.

10 Q: Isn’t it true that your husband had known her when they

11 were in school together? 12 A: I don’t know. I’m sure he’s known a lot of people.

13 Q: You’re aware that they dated when they were in college?

14 A: I’m not sure about that.

15 Q: In fact they, they kept in touch after college, are you 16 aware of that?

17 A: I’m not, no that’s not true.

18 Q: What isn’t true?

19 A: They didn’t keep in touch after college. 20 Q: How did Ms. Robinson come to, how did she become one of

21 your tenants? You said she leases a building from your company.

22 How did that, how did she come to lease one of your husband’s

23 properties? 24 A: I’m not sure what you mean.

130

1 Q: I’m just trying to understand, from your perspective, the

2 relationship between your husband and Ms. Robinson. Before she

3 started leasing her— 4 A: They don’t have—

5 Q: place of business with—

6 A: a relationship. They don’t, I don’t know what you’re

7 implying. 8 Q: Mrs. Von Aegir, I’m just trying to—

9 A: I don’t know what you’re implying.

10 Q: I’m just trying to—

11 A: I don’t know what you’re trying to do. 12 Q: I’m just, Mrs. Ms. von, no you can’t—

13 A: I want my attorney here.

14 Q: No you can’t, she can’t, you can’t have, while we’re on the

15 record, on the record. Ms. Von Aegir you need. Ok. Let’s. Ok. 16 Off the record please. Let’s recess.

17 (Whereupon at 3:53p.m. a recess was taken.)

18 (Reconvened at 4:15p.m..)

19 Q: Alright, so just to mark, just to, to explain what happened 20 off the record. Mrs. Von Aegir has left the room, and I

21 understand from her attorney, Ms. Bundra, that she wishes to

22 invoke her spousal privilege not to testify any further. So

23 Mrs. Von Aegir is no longer in the room but I have Ms. Bundra, 24 who is, who is representing Mrs. Von Aegir, who is outside of

131

1 the, Ms. Bundra is not present for the grand jury proceedings

2 and was not here at the time or at any time during the

3 proceedings, and she is outside of the proceedings here at the 4 moment. So with that I think, I think that, um, I think today

5 we’re done here for the day. That’s all I have.


7 within proceedings. 8

9 Carlos Oliveira 10 Carlos Oliveira 11 Official Reporter

12

13

14 ATTESTATION 15 I, the undersigned, have read the foregoing transcript, and


17 my testimony given at the time and place specified herein. 18 19 20 21 22 23

24

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Exhibit 35 SUPERIOR COURT OF THE STATE OF FORDHAM COUNTY OF MARTIN, FAMILY PART

Index No. 21-cv-0008(LLB)

ORDER TO STAY PROCEEDINGS

Upon motion by Plaintiff, Mary Von Aegir, to stay the above captioned proceedings filed

on January 30, 2021, in light of the criminal matters pending against Defendant, Christopher Von

Aegir, it is hereby

ORDERED that the motion is granted, and the instant matter is hereby STAYED. Dated: February 3, 2021

Augustine Falls, Fordham LLBr The Hon. Laura L. Berger

MARY VON AEGIR,

Plaintiff,

v.


Defendant.

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Exhibit 36

Identification Information Name: ALBERT FRANCIS WHEATLEY A WHEATLEY ALBERT F WHEATLEY AL WHEATLEY ALBERT WHEATLEY ALBERT FRANCIS FRANCIS WHEATLEY AL FRANCIS FRANK WHEATLEY

Date of Birth: 1984

Place of Birth: Fordham

Address: , Fordham , Fordham , Fordham , Fordham , Fordham

Sex: Race: Ethnicity: Skin Tone: M MR MR Olive Eye Color: Hair Color: Height: Weight: Brown Black 5’7” 155

SSN: FSID# FBI# Probation Client ID# 0587543R N/A FOMC454321856124858

Interstate Identification Index Status: No criminal data available in other states or FBI

US Citizen: Yes

Summary Information

Name: ALBERT F WHEATLEY Total Arrests: 6 Date of Earliest Arrest: April 13, 2003 Date of Last Arrest: January 2, 2020

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Arrest/Charge Information Arrest Date: January 2, 2021

Name: ALBERT FRANCIS WHEATLEY Age at time of crime/arrest: 36 Place of Arrest: Martin County, Fordham Date of Crime: December 30, 2020 Place of Crime: Martin County, Fordham Arresting Agency: MRPD Arresting Officer ID: MRPD0021 Arrest Number: 20SPL0938 Arrest Charges:

FPL 125.27(1)(a)(vii) Murder in Commission of a Robbery

Court: Martin County Supreme Court Case No.: 21-008

Convicted Upon [ ] On: N/A Charges:

FPL 125.27(1)(a)(vi) FPL 125.27(1)(a)(vii) FPL 140.25(1)(d) FPL 140.25(1)(d) FPL 160.10(1)(b) FPL 160.10(1)(b)

Murder by Procurement Murder in Commission of a Robbery Armed Burglary Armed Burglary Armed Robbery Armed Robbery

Sentenced To: N/A Incarceration Admission: N/A Incarceration Discharge: N/A

Arrest/Charge Information Arrest Date: June 2, 2016

Name: ALBERT FRANCIS WHEATLEY Age at time of crime/arrest: 32 Place of Arrest: Lincoln County, Fordham Date of Crime: May 23, 2016 Place of Crime: Gabelli County, Fordham Arresting Agency: LCPD Arresting Officer ID: LCPD8523 Arrest Number: 16-423 Arrest Charges:

FPL 220.16(1) Possession of Controlled Substance (3rd Degree) FPL 120.05(1) Assault (2nd Degree)

135

FPL 140.20 FPL 160.05

Burglary (3rd Degree) Robbery (3rd Degree)

Court: Gabelli County Supreme Court Case No.: 16-452

Convicted Upon Trial On: October 11, 2016 Charges:

FPL 220.06 FPL 140.20

Possession of Controlled Substance (7th Degree) Burglary (3rd Degree)

Sentenced To: Term: 3 Year(s) Incarceration Incarceration Admission: November 1, 2016 Incarceration Discharge: December 2, 2019 Parole Received: December 2, 2019 Parole Terms: Term: 2 Year(s) Parole Discharged: N/A

Arrest/Charge Information Arrest Date: February 11, 2016

Name: ALBERT FRANCIS WHEATLEY Age at time of crime/arrest: 31 Place of Arrest: Aaron County, Fordham Date of Crime: February 11, 2016 Place of Crime: Martin County, Fordham Arresting Agency: SCPD Arresting Officer ID: SCPD7614 Arrest Number: 16-264 Arrest Charges:

FPL 220.16(1) Possession of Controlled Substance (3rd Degree)

Court: Aaron County Supreme Court Case No.: 16-1235

Convicted Upon [ ] On: N/A Charges: N/A Sentenced To: N/A Incarceration Admission: N/A Incarceration Discharge: N/A

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Arrest/Charge Information Arrest Date: November 19, 2011

Name: ALBERT FRANCIS WHEATLEY Age at time of crime/arrest: 27 Place of Arrest: Ferraro County, Fordham Date of Crime: November 18, 2011 Place of Crime: Kainen County, Fordham Arresting Agency: FCPD Arresting Officer ID: FCPD0293 Arrest Number: 11-921 Arrest Charges:

FPL 220.16(1) Possession of Controlled Substance (3rd Degree)

Court: Kainen County Supreme Court Case No.: 11-4548

Convicted Upon a Plea of No Contest On: January 4, 2012 Charges:

FPL 220.06 Possession of Controlled Substance (7th Degree)

Sentenced To: N/A Sentenced To: Term: 1 Year(s) Incarceration Incarceration Admission: February 1, 2012 Incarceration Discharge: January 31, 2013 Probation Received: January 31, 2013 Probation Discharged: January 31, 2015 (complete)

Arrest/Charge Information Arrest Date: March 28, 2008

Name: ALBERT FRANCIS WHEATLEY Age at time of crime/arrest: 24 Place of Arrest: Martin County, Fordham Date of Crime: March 24, 2008 Place of Crime: Martin County, Fordham Arresting Agency: WWPD Arresting Officer ID: WWPD3276 Arrest Number: 08-791 Arrest Charges:

FPL 140.25(1)(d) Armed Burglary FPL 160.10(1)(b) Armed Robbery

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Arrest/Charge Information Arrest Date: April 13, 2003

Name: ALBERT FRANCIS WHEATLEY Age at time of crime/arrest: 19 Place of Arrest: Kainen County, Fordham Date of Crime: April 13, 2003 Place of Crime: Martin County, Fordham Arresting Agency: KCPD Arresting Officer ID: KCPD4790 Arrest Number: 03-841 Arrest Charges:

FPL 160.10(1)(b) Armed Robbery


Convicted Upon Plea of Guilty On: August 10, 2003 Charges:

FPL 160.10(1)(b) Armed Robbery FPL 120.05(2) Assault in the Second Degree FPL 220.06(5) Possession of Controlled Substance (5th Degree)

Sentenced To: Term: 1 Year(s) to 3 Year(s) Incarceration Incarceration Admission: August 21, 2003 Incarceration Discharge: October 1, 2005 Probation Term: October 1, 2005 Probation Discharged: December 1, 2007 (complete)


Convicted Upon Plea of No Contest On: May 2, 2008 Charges:

FPL 140.25(1)(d) Armed Burglary FPL 160.10(1)(b) Armed Robbery FPL 220.06 Possession of Controlled Substance (7th Degree)

Sentenced To: Term: 1 Year(s) to 3 Year(s) Incarceration Incarceration Admission: August 1, 2008 Incarceration Discharge: September 1, 2010 Probation Received: September 1, 2010 Probation Discharged: September 1, 2011 (complete)

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Exhibit 37

IN THE SUPERIOR COURT OF THE STATE OF FORDHAM

COUNTY OF MARTIN ------------------------------------x THE PEOPLE OF THE STATE OF FORDHAM,

INDICTMENT #2020-010 -against- Case No. 21-008

ALBERT FRANCIS WHEATLEY,

DEFENDANT. ------------------------------------x

TRANSCRIPT OF PROCEEDINGS HELD

Monday, January 25, 2021 THE HONORABLE KAREN LY, Presiding

APPEARANCES:

AVA SHLAHET,

Assistant District Attorney of the County of Martin,

representing the Office of the District Attorney.

FAREEHA AMARI,

on behalf of the Defendant.


139

1 JUDGE LY: Nicole could you please call the case?

2 DEPUTY: This is case number 21-008 in the matter of the

3 People of the State of Fordham against Albert Francis Wheatley. 4 JUDGE: Thank you Nicole. You may all be seated. I’ll

5 take appearances, beginning with the people. 6 ATTY SHLAHET: Good morning Your Honor, Ava Shlahet on behalf of

7 the state. 8 ATTY AMARI: Good morning Your Honor. Fareeha Amari

9 representing the defendant Albert Wheatley.

10 JUDGE: Good morning to you both. Nicole, could you 11 please swear in Mr. Wheatley?

12 (Whereupon ALBERT WHEATLEY was duly sworn in.) 13 JUDGE: Ok, thank you. Ok, you can be seated sir, and I’m

14 going to speak with the attorneys. Ms. Shlahet, I’ll give it to 15 you.

16 ATTY SHLAHET: Thank you judge. As you know, the defendant

17 entered a plea of not guilty at the arraignment, but he 18 subsequently, I am told from Ms. Amari, that he subsequently

19 waived indictment and presentment and wishes to change his plea, 20 based on a signed confession, which I would like to read into

21 the record. 22 JUDGE: Ok. Ms. Amari, is this correct?

23 ATTY AMARI: Yes Your Honor. 24 JUDGE: And your client understands the import of this

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1 waiver? And he waives his right to a trial by jury?

2 ATTY AMARI: Yes ma’am.

3 JUDGE: Ok, very good. Alright. Ms. Shlahet, please. 4 ATTY SHLAHET: Judge, if I may read this statement into the

5 record. 6 I, Albert Francis Wheatley, make this statement freely and

7 under no duress. I have not entered into a pecuniary agreement 8 to make the statements herein. Today is January 2, 2021. As I

9 make this statement, I am seated in the Monlyth Ridge Police

10 Station, third precinct. I have been given food and water. My 11 rights have been explained and at this time I have waived my

12 right to an attorney. I make this statement to Detective Taylor 13 Shah of the Monlyth Ridge Police Department, Major Crimes Unit.

14 On December 30, 2020, at approximately 11:45p.m., I entered 15 the premises known as Ana’s Styles, located in downtown Monolyth

16 Ridge, armed with a revolver. At that time, I demanded all of

17 the money in the cash register, which was given to me, and which 18 I placed in my jacket pocket. I then ordered a woman, who I

19 knew to be Anastacia Robinson, onto the ground. I fired at her 20 once, with the intent to take her life. I then fled the scene.

21 I did so upon entering into an agreement with an individual 22 named Christopher Von Aegir, with whom I have been acquainted

23 for a number of years. On or around December 22, 2020, I met 24 with Mr. Von Aegir. He expressed his desire for me to take the

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1 life of Ms. Robinson. He offered me $10,000 in addition to

2 cocaine, which I understand to be an illicit substance, to carry

3 out the crime, to which I agreed, and he provided me with his 4 firearm, which I used in the commission of the crime, which took

5 place on December 30, 2020. 6 I am deeply saddened and regretful of what I have done. I

7 seek your mercy, and I wish the best for the victim’s family. 8 And it is signed by Mr. Wheatley and dated January 2.

9 JUDGE: Ok, thank you Ms. Shlahet. Ms. Shlahet, your

10 office submitted a copy of this statement, but I didn’t see a 11 recording.

12 ATTY SHLAHET: Yes judge, I am told that the equipment was 13 broken that day, so they didn’t record it.

14 JUDGE: Ms. Amari? 15 ATTY AMARI: Thank you judge. We’re not raising Rosario, we’re

16 not demanding any recording. Mr. Wheatley would just like to

17 move on. 18 JUDGE: Alright. Anything further from either of you?

19 ATTY SHLAHET: Judge, for the record the state is recommending 20 the minimum sentence.

21 JUDGE: Hang on counsel, that’s, we’re not at sentencing 22 today. That will have to wait.

23 ATTY SHLAHET: Yes Judge. 24

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1 JUDGE: Alright, very well. Thank you both. We’ll stand in

2 recess. 3


5 within proceedings. 6

7 Carlos Oliveira 8 Carlos Oliveira

9 Official Reporter

10

11 12 13 14 15 16 17 18 19 20 21 22 23 24

2021 JUDGE PAUL JOSEPH KELLY, JR. INVITATIONAL TRIAL ...

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