photo gallery

Katherine Seeber, convicted of killing step-great-grandmother in Saratoga County, stabbed to death in NYC

By Lucian McCarty - Saratogian.com

June 6, 2013

The last chapter in a tragic saga spanning more than a decade of Saratoga County history ended the way it started -- with a senseless murder.

Katherine Seeber, 32, was stabbed to death Tuesday at her home in Queens. An ex-boyfriend has been charged with second-degree murder -- the same charge Seeber, a former Wilton resident, pleaded guilty to in the 2000 murder of her step-great-grandmother.

It has only been 11 months since Seeber was released from prison after serving 12 years in the murder of Ruth Witter during a botched robbery attempt.

Seeber's murder, police said, occurred about 5:30 p.m. in her 55th Street home in Woodside, a suburban Queens neighborhood in what police called a domestic incident. Police dispatchers had received several 911 calls reporting the violent assault. The defendant is Pedro Sanchez, 38, who has a lengthy criminal history and has been to prison at least four times for various felonies.

"It's such a tragic end," said John Ciulla Jr., the now-retired public defender who handled Seeber's case in Saratoga County. "I am deeply saddened to hear it was in a domestic violence setting."

Ciulla said his relationship with Seeber lasted longer than any relationship he ever had with a client, from the time she pleaded guilty in 2001 to a decade later when they reunited to successfully vacate the plea.

Seeber had pleaded guilty as part of a deal with prosecutors to testify against her alleged co-conspirator, Jeffrey Hampshire, who she said committed the murder.

She testified that Hampshire strangled Witter with an extension cord during a burglary-gone-wrong and she contended they then both duct-taped Witter's hands, legs and face and dumped her body in Stillwater.

She was sentenced to 20 years in prison.

Hampshire, however, was acquitted and walked free.

Since then, however, he has served three separate prison sentences for burglary, attempted burglary and tampering with evidence from a fatal hit-and-run. He is still in prison.

According to Ciulla and other attorneys who worked on her appeal, Seeber pleaded guilty based on forensic evidence that prosecutors said indisputably put her at the scene of the crime.

Years later, the forensic lab technician who worked on the case was exposed for having forged tests in more than 100 cases. He committed suicide amid the investigation.

Seeber's attorneys successfully argued that her plea should be tossed and she should be given a new trial. A year later, in May 2012, Seeber pleaded guilty to the lesser charge of manslaughter and burglary in an Alford Plea, which allowed her to plead guilty but maintain her innocence, admitting prosecutors could likely prove the case.

She was sentenced to 14-1/2 years but, already having served 12, she was free by July 2012.

Ciulla said he was planning to see her around the one-year anniversary of her release.

Rehabilitation

The public defender said Seeber was the model of someone rehabilitated by prison.

During sentencing last May, crying and hands shaking, Seeber told the court and Witter's family she had been the victim of domestic violence at the hands of Hampshire, whom she said "had a hold of my life."

But she said her time in prison had been spent learning about and teaching classes on how to break the cycle of domestic violence.

Ciulla said he watched Seeber mature from the 18-year-old who pleaded guilty in 2000 to the 31-year-old woman released from prison in 2012. Hearing of her death in an alleged case of domestic violence "reinforces the hold that domestic violence has in the lives of some people," he said.

Attorney Ben Ostrer, who worked on Seeber's appeal pro-bono in conjunction with Ciulla, had frequently been in contact with her since her release.

"This is someone who was really doing all she could to improve her lot in life. When you spoke to her she was always upbeat and full of optimism," Ostrer said. "This is an unspeakable tragedy; to think about the life she led from where she was to now."

During her sentencing, Seeber talked about the classes she had taken in prison and her involvement in the Church of Jesus Christ and Latter Day Saints.

Seeber got a job as an office manager four months ago. Before that she was a nanny. She had trouble finding work because her conviction was technically only last year, but Osterer said, "she overcame that.

"It's just a horror."

Sanchez' case is pending in Queens County Criminal Court.

He was on parole at the time of his arrest for first-degree criminal contempt, a felony. Now he faces charges of second-degree murder, third-degree criminal possession of a weapon, and tampering with evidence -- all felonies -- as well as resisting arrest, a misdemeanor. In addition, he faces charges of robbery in an unrelated case. He remains in custody.

After 12 years, a free woman: Katherine Seeber released after serving time in death of step-great-grandmother

By Lucian McCarty - Saratogian.com

July 17, 2012

BEDFORD HILLS -- After more than 12 years behind bars, Katherine Seeber was released from prison Monday.

She has been incarcerated since 2001 when she pleaded guilty to her role in the murder of Ruth Witter, her step-great-grandmother.

In 2001, when she was 18, Seeber was sentenced to 20 years to life in prison for her second-degree murder conviction. At the time, she testified against her co-defendant and ex-boyfriend, Jeffrey Hampshire. Seeber said Hampshire strangled Witter with an electrical cord and Seeber assisted him.

Hampshire was later acquitted of the crime.

Now 30, Seeber has been released from prison after a convoluted court case in which she was allowed to take back her decade-old guilty plea and was granted a trial to answer the charges -- forensic evidence presented against her in 2000 was discovered to have been forged. In the lead-up to the new trial, she pleaded guilty to a reduced charge.

Seeber was sentenced in May to 14-1/2 years in prison, but was released after serving a little more than 12 years.

Seeber could not be reached for comment, but John Ciulla, the Saratoga County public defender who represented her when she pleaded guilty in 2001, said he spoke to Seeber last week. He said she was nervous about her release.

"She has been in jail or prison for most of her adult life," he said. "She was just a kid when she went in."

At her re-sentencing on May 29, Ciulla said he "shed some tears" and that he was as close to Seeber as he has been to anyone he has represented.

He said Seeber has been a model inmate, taking advantage of educational programs, participating in extracurricular activities and becoming heavily involved in the Catholic Church in Bedford Hills Correctional Facility, despite being a member of the Church of Latter Day Saints.

Ciulla said Seeber has also been involved with domestic violence programs in prison -- something she tearfully admitted she was a victim of during her sentencing earlier this year.

"She was trying to figure out why she found herself in the situation at her great-grandmother's house she found herself in and why she reacted to the situation as she did," Ciulla said.

Despite Seeber's trepidation about life outside prison, Ciulla said he is optimistic about her future.

"You can never be 100 percent certain, but I believe she is equipped with the tools necessary for her to live a law-abiding life and become a productive member of society," he said.

Seeber's father died during her original trial and her mother died this spring while she waited for an appeal. At her sentencing, she said she intends to move to Washington to be with her brother. In order for that to happen, though, she will need to get permission from New York and Washington to serve her 2-1/2 years of post-release supervision there.

Katherine Seeber sentenced to 14-1/2 years in prison for step-great-grandmother's murder

Saratogian.com

May 29, 2012

BALLSTON SPA -- Katherine Seeber sobbed Tuesday as she apologized to the family of Ruth Witter, her 91-year-old step-great-grandmother, whom she helped to kill in 2000. The 30-year-old was sentenced to 14-1/2 years for the crime; 11 of which she has already served.

But she is eligible for release in seven weeks -- on July 18 -- based on time served, her conduct in state prison and the new sentence, according to a spokesperson for the Department of Corrections and Community Services.

"I am very sorry for your loss and the pain and suffering I've caused you," Seeber said, struggling to make it through the statement she had prepared for her sentencing. "I'm sorry for all of my actions and inactions."

Seeber pleaded guilty May 1 to first-degree manslaughter and third-degree burglary, both felonies related to Witter's death.

Seeber pleaded guilty under a legal procedure known as an "Alford" plea, in which she pleaded guilty without actually admitting her culpability in the crime. She has always maintained that her then-boyfriend, Jeffrey Hampshire, actually murdered Witter while the two were burglarizing her home. Seeber admitted, though, to helping Hampshire dump Witter's body in a snow bank in Stillwater.

In 2001, a jury acquitted Hampshire, though Seeber testified against him.

District Attorney James A. Murphy III said he decided to allow the Alford plea because Seeber's version of the crime -- that Hampshire strangled Witter with an electrical cord -- could not be effectively explored at trial because a jury found Hampshire innocent of the charge in a 2001 trial.

"Because of the acquittal in that case, we couldn't talk about accomplice liability or a co-conspirator," Murphy said.

Murphy's office had asked for a 17-year sentence but was satisfied with the sentence Seeber received.

Seeber's hands shook while holding the statement she read in court Tuesday. She said she was the victim of domestic abuse in her relationship with Hampshire, a cycle of domestic violence that she said "had a hold of my life."

She said that in prison she has found religion, participated in domestic violence programs and attended college classes, things that have "taken me from the broken-down woman I was 12 years ago to the woman who stands here today."

Members of Witter's family were in court Monday but did not speak. Instead, Assistant District Attorney Jennifer Buckley read a statement they had prepared.

The victim's family said the "most troubling" aspect of the plea was that "the defendant has never apologized for her actions or for the death of Ruth Witter." Buckley said, "They have never heard her say 'I'm sorry.' " Moments later, when Seeber uttered those words, Witter's granddaughter's hand went to her mouth and tears formed in her eyes. Witter's family declined to comment.

"I think the family has been waiting a long time for an apology, and I think today their analysis is that the apology was sincere," Murphy said outside the courtroom. "That is something they took to heart. I think they are processing that because it has taken such a long time to come."

Long road to a trial

Seeber's case reads like a John Grisham novel.

In exchange for five years off a 25-years-to-life sentence, Seeber pleaded guilty in 2001 to second-degree murder for her role in Witter's 2000 death. She then testified against Hampshire.

Seeber's decision to plead guilty was based, in part, on forensic evidence produced by Gary Veeder, a fiber analyst from the New York State Police Forensic Lab. He testified in Hampshire's trial that fibers found on duct tape around Witter's mouth and hands were "identical" to fibers from gloves worn by Seeber and Hampshire.

Veeder later admitted to forging lab tests during that analysis and committed suicide during the investigation into his conduct.

Because the forged evidence played a prominent part in Seeber's 2001 guilty plea, when the evidence was discredited Saratoga County Judge Jerry Scarano decided to vacate the plea and grant her a trial for the crime, 12 years after it was committed.

In the lead-up to the trial, though, Seeber pleaded guilty -- via the Alford plea -- to the lesser charge of manslaughter.

Hampshire went free after his acquittal on the murder charge, but not for long. He was sent to prison later that year on an unrelated burglary charge and served five years. Less than a year after he was released, he was imprisoned again for attempted burglary.

Hampshire is currently serving a two- to four-year prison sentence -- his third -- for tampering with evidence in a fatal Saratoga Springs hit-and-run in 2010. He was eligible for parole earlier this month, but it was not granted.

The next time he could be freed is January 2014.

Freedom for Seeber

Inmates in New York are eligible for parole after serving six-sevenths of their sentence; the time Seeber has already served represents the majority of the 14-1/2 year sentence.

John Ciulla, the county's public defender who represented Seeber originally and since then, said Seeber pleaded guilty again because it allowed her to take a sentence of nearly time-served.

"She is probably a case study for what can happen with rehabilitation," Ciulla said, pointing out she has taken advantage of education programs offered in prison.

In her statement during sentencing, Seeber said she has become heavily involved in the Church of Jesus Christ and Latter Day Saints and has participated in domestic violence programs to help fellow inmates.

The public defender said he is closer with Seeber than anyone else he has worked with.

"I had a few tears as well," Ciulla said about the tearful statement Seeber made during sentencing. "I think she will go on to be a wonderful, productive member of society."

Seeber plans to move to Washington, where her brother lives, when she gets out of prison.

As a prisoner in the state Department of Corrections and Community Services, Seeber accumulated a few citations for misconduct, but Corrections spokes-man Peter Cutler said they were "minor infractions," such as disobeying an order and smoking.

Murphy said Seeber has also been cited while incarcerated at Saratoga County Jail. According to jail representatives, those records are not public.

Corrections officials will take those citations into account when evaluating Seeber's release in July.

Katherine Seeber pleads guilty to manslaughter in '00 death of elderly relative

By Emily Donohue - Saratogian.com

May 1, 2012

BALLSTON SPA -- Katherine Seeber pleaded guilty to first-degree manslaughter Tuesday for the 2000 death of her step-great-grandmother Ruth Witter.

Seeber's plea was unanticipated; she was expected to stand trial for murder this summer.

In 2001, Seeber pleaded guilty to murder -- prior to standing trial -- and was sentenced to 20 years to life in prison. Her alleged co-conspirator, Jeffrey Hampshire, was acquitted of charges he participated in the murder. Seeber has been serving her prison sentence at Bedford Hills Correctional Facility since her 2001 guilty plea.

But years after her plea, some of the most damning evidence against Seeber was called into question when state forensic expert Gary Veeder admitting to falsifying some required tests and committed suicide amid an investigation into his work.

After those events, Seeber's attorneys appealed to a Saratoga County Judge Jerry Scarano to vacate Seeber's guilty plea. They were successful and the plea was tossed in June 2011. That decision was recently upheld by the state's highest court, setting the stage for Seeber to stand trial for a crime she allegedly committed more than a decade ago.

Tuesday's plea came during a scheduled conference between Seeber and her attorneys and District Attorney James A. Murphy III after Scarano had scheduled the murder trial for July 30.

"She's litigated for 12 years, she certainly didn't want to be litigating for five more years," said Ben Ostrer, one of the attorney's representing Seeber on a pro-bono basis in conjunction with Saratoga County Public Defender John Ciulla.

Ciulla said Seeber decided to enter her plea rather than face "the uncertainty of the trial."

Seeber entered what's known as an Alford plea which means she pleads guilty, acknowledging the overwhelming evidence against her, but maintains her innocence. Murphy said the Alford plea also minimizes possibility of further appeals in this case, which has wound its way from county court to the state's highest court twice over the past 12 years.

The victim in this case, Ruth Witter -- Seeber's step-great-grandmother -- was strangled in her home on Feb. 12, 2000. Her body was dumped at Saratoga National Historical Park in Stillwater.

Seeber maintains that she was at Witter's house on the night of her death, but was not there when the murder occurred. Seeber maintains that Hampshire killed Witter; she testified against him in the 2001 trial in which he was acquitted.

"We believe that jury, the Hampshire jury, did not believe (Seeber) because of the false evidence presented by Gary Veeder," Ciulla said.

Murphy said he was pleased Seeber opted to plead, "we were hopnig to not have to retry the case after having tried the case once and appealed twice," he said Tuesday.

"(Seeber's) decision is an indicator of what she did and that she is taking responsibility for her conduct," Murphy added.

He added that the family of Ruth Witter -- who Seeber was related to through her now-deceased father -- is also pleased with the plea and the end of the lengthy court case.

Ciulla said Seeber is "extremely grateful that justice has finally been done in her case."

As a part of the plea agreement, Seeber's prison sentence is capped at 17 years.

Ciulla explained that Seeber will serve 6/7 of the prison sentence -- which will be set by Scarano on May 29 -- and then be released from prison and placed on post-release supervision, which is similar to parole, for up to five years. If she does not get in trouble while serving her post-release supervision term, she will never have to serve the remaining 1/7 of the prison sentence.

Ostrer and Ciulla both said the fact that Seeber will have a definitive release date -- she had been facing a sentence up to life in prison -- was a major factor in her decision to plead.

"When sentencing takes place, she'll have a fixed release date and she's still a young enough woman. She's been very productive while incarcerated, she's done many things to improve herself," Ostrer said.

She did not want to face the uncertainty of trial, he added. "As the trial of Jeffrey Hampshire proves, all the confidence in the world does not guarantee a result and I think this brings closure to this matter in a way that will provide Katherine with hopefully a very optimistic future."

Katherine Seeber to be tried for murder in step-great-grandmother's death, 10 years after pleading guilty to the crime

Saratogian.com

April 26, 2012

BALLSTON SPA -- After serving more than 10 years in prison for second-degree murder, Katherine Seeber will be tried for the death of her step-great-grandmother Ruth Witter.

Witter was strangled with an electrical cord, and her body was dumped in Stillwater in 2000.

Seeber pleaded guilty in 2001 to the murder. She then testified against her co-defendant, Jeffrey Hampshire, Seeber's then-boyfriend, who was accused of putting the electrical cord around Witter's neck during a botched-robbery.

He was acquitted of the crime. She was sentenced to 20 years to life.

Her plea, though, was tossed last year by Saratoga County Court Judge Jerry Scarano.

Seeber's attorneys claim that the tipping point in her decision to plead guilty was the testimony of a state forensic analyst, Garry Veeder, who said fibers found on duct tape removed from Witter's mouth were "identical" to fibers found on gloves she and Hampshire allegedly wore during the crime.

Later, though, Veeder admitted to having forged test results on a number of cases he handled. He committed suicide in 2008 during the investigation into his transgressions.

Based on that new evidence, Scarano vacated Seeber's guilty plea last year, setting the stage for Seeber to stand trial for the crime.

The Saratoga County District Attorney's office appealed that decision.

Thursday, the Third Appellate Division New York State Supreme Court upheld Scarano's decision.

Ben Ostrer from Ostrer and Hoovler in Chester New York and Vernon S. Broderick from the New York City law firm of Weil, Gotshal and Manges are representing Seeber on a pro-bono basis in conjunction with the Saratoga County Office of the Public Defender, which handled Seeber's initial case.

"We are all extremely pleased with the decision," Ostrer said Thursday.

"We at all times thought Judge Scarano had rendered a well-thought-through decision," Ostrer said. "There is some renewed optimism on our part."

Ostrer said Seeber, who is currently being held in the Saratoga County jail awaiting trial, may not know about her impending trial as of late morning Thursday, because the decision is so fresh.

Seeber has been in Saratoga County jail since June when her plea was vacated.

The case has been on hold since early March. The case was scheduled to begin March 19, but with the appeal pending, it was postponed until that decision came in.

Ostrer said he expects the case to resume in short order.

Saratoga County District Attorney James A. Murphy III said he could not comment on the case specifically, other than to say "we are prepared to proceed with a trial and will be ready when the court sets a trial date. Despite the fact that she opted not to have a trial initially does not mean she should not be entitled to one now."

He said his office is "satisfied with the Appellate Division's decision and are quite pleased" because the decision explicitly stated that the prosecutor from Murphy's office committed no wrongdoing. The decision places all the fault at Veeder's feet.

Murphy's office appealed Scarano's decision to vacate Seeber's plea on the basis that there was no wrongdoing on the part of the prosecutor, former Assistant District Attorney Richard Wendling. He said Wendling, who no longer works with his office, is "an outstanding professional."

In oral arguments before the appeals court, Broderick said Veeder was acting on behalf of the prosecution when he faked the results of his tests and argued that amounted to a "Brady violation." A Brady violation is a legal term for when prosecutors suppress evidence from the defense in a case.

In its decision, the appeals court emphasized that there was no indication the prosecutor or state police were aware that Veeder "cut certain procedural corners" when they used his testimony against Seeber.

Wendling, in fact, informed the defense of Veeder's corner-cutting when he learned about it in 2008, Murphy said.

Seeber gets 20-to-life

By Christa A. Parrish - Saratogian.com

April 4, 2001

BALLSTON SPA -- Katherine Seeber was sentenced to a minimum term of 20 years and a maximum of life in state prison Tuesday for her part in the murder of 91-year-old Ruth Witter, her stepgreat-grandmother.

Saratoga County Judge Jerry Scarano denied Seeber's motion to change her guilty plea to not guilty. He also ignored public defender John Ciulla's request to lighten the front end of Seeber's sentence to 18 years.

Seeber, 19, pleaded guilty to second-degree murder Jan. 19, and was a witness for the prosecution during the murder trial of Jeffrey Hampshire.

Hampshire, 20, was also charged with three counts of second-degree murder in Witter's February 2000 death. He was acquitted March 15, after seven days of testimony and approximately 16 hours of jury deliberation.

Seeber was also sentenced to two to six years for burglary in the third degree, to be served concurrently with the murder sentence.

Assistant District Attorney Richard Wendling said that, at the time of her plea, Seeber reserved her right to file a waiver of appeal on the murder charge. She has 30 days to do so, and Wendling expects his office will receive a notice of appeal -- most likely on concerns regarding the suppression hearings and evidence that Scarano ruled could be used at trial.

A representative from the county Public Defender's Office said Ciulla was not making further comments on the Seeberú:?­e.

On Friday, the courtroom was full with members of Witter's family and law enforcement officers involved in the investigation.

"Mr. Wendling, is there anyone who would like to be heard on behalf of the victim?" Scarano asked.

There was no one.

Outside the courtroom, Sharyl Seeber -- Witter's granddaughter and Katherine Seeber's stepmother -- said that justice was served, but nothing can bring back Witter.

She added that she has no sympathy for Katherine Seeber because she's going to prison for Witter's death and Hampshire will not.

"He was acquitted on the murder. That one's over and done. He'll get what he gets for the burglary," she added. "It won't be 20 years, but it will be something."

Hampshire is in the county jail on a third-degree burglary charge unrelated to the Witter strangulation. His bail request was denied by Scarano on Friday.

Wendling said that the defense has until Monday to request any pre-trial suppression hearings related to the burglary case.

The D.A.'s office, he said, is ready to proceed. Hampshire's trial has been tentatively scheduled for early June.

Both the prosecution and Katherine Seeber also passed on the opportunity to make a statement to the court Friday afternoon.

"That will conclude the matter," Scarano said. "The defendant is remanded.

Great-granddaughter pleads guilty

By Jim Kinney - Saratogian.com

January 20, 2001

BALLSTON SPA -- A 19-year-old Wilton woman admitted Friday her involvement in the strangling death of her 91-year-old stepgreat-grandmother.

Katherine Marie Seeber of Lot 89, Wilton Mobile Park on Louden Road in Wilton, pleaded guilty Friday to second-degree murder in the Feb. 12 death of Ruth Witter of Colonie.

She also pleaded guilty to third-degree burglary in an unrelated Wilton case, according to the Saratoga County District Attorney's Office.

Assistant District Attorney Richard Wendling said the plea agreement reached Friday gives him the right to call Seeber as a witness against her then-boyfriend, co-defendant Jeffrey T. Hampshire.

Hampshire, 20, of Regatta View in Saratoga Springs, was also charged with second-degree murder in the case. He has a Feb. 28 trial date, the same day Seeber's trial was to have started.

Wendling isn't sure he'll call Seeber at Hampshire's murder trial.

"There are a number of factors, and one is our confidence in our case at this point," Wendling said. "But I think it's a good idea to leave the door open."

At her plea, Seeber told the county she and Hampshire went together to Ruth M. Witter's home last Feb. 12. They went outside, decided that Hampshire would take items from the home while Seeber stood between them, blocking Witter's view. But at that point, Seeber broke off the narrative and did not say if she or Hampshire actually strangled Witter. Police took an electrical cord into evidence.

In the past, Seeber has said Hampshire did the job but he told police that she did it.

Seeber also admitted transporting Witter's body into Saratoga County and dumping it in Saratoga National Historical Park in Stillwater.

Seeber's comments to a friend -- who in turn told Mechanicville Police -- led police to Witter's body six days later. That same day, state and Colonie police arrested Hampshire and Seeber.

Police said the pair fenced the stolen jewelry and other items and used the money to party in hotel rooms over the Valentine's Day weekend.

Neither of Hampshire's defense attorneys, Jeffrey Bagnoli and W. Donald Carola, could be reached Friday night.

Both Bagnoli and Carola, and County Public Defender John Ciulla, who is representing Seeber, tried unsuccessfully to get evidence excluded. But County Judge Jerry Scarano ruled that Wendling can use Seeber's and Hampshire's statements to each other and items taken from their vehicles at trial.

Hampshire has told police Seeber killed Witter, but that he was present.

Wendling said the plea agreement was reached suddenly, although after talks with the defense and Scarano. He said he barely had time to talk with Witter's family about the plea.

"I think one of the reasons to do the plea agreement was because it gives them some closure," Wendling said. "This way there will be one trial instead of two."

Wendling said he will meet with Hampshire's lawyers and Scarano Monday afternoon to discuss Hampshire's trial. Hampshire also faces charges in the same Wilton burglary case in which Seeber pleaded guilty Friday.