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Woman Pleads in Husband's Murder

Woman Pleads in Husband's Murder - Thursday, November 29, 2007 at 5:00PM EST

Reported by: Laurie Monteforte
Thursday, Nov 29, 2007 @05:00pm EST
STROUDSBURG - The Velazquez family tried to stay strong Thursday morning after they watched Rocio Velazquez sob her way through a plea at the Monroe County Courthouse.

Yanina Intriheo is Rocio's niece. She said, "I support my Aunt. I love her. Hope everything turns out good." Yanina saw Rocio stab Benedicto Velazquez to death in Chestnuthill Township during a family gathering in July of 2005.

Rocio told the judge she didn't remember stabbing her husband but she will accept the consequences. She plead no contest but mentally ill. Her punishment will be based on whether or not she killed Benedicto with malice.

Monroe County Assistant District Attorney Chris Jones explained, "If the killing was done with a hardness of heart, cruelty, that sort of thing, you then have malice that you need."

Now it's up to the judge to decide whether or not Velazquez acted with malice when she killed her husband. If he finds that she did, she'll face the penalty for third degree murder. If he finds that she did not act with malice she'll face the penalty for voluntary manslaughter.

The murder conviction could put her behind bars for 40 years. Manslaughter could put her away for up to 20.

Velazquez's attorney Robert Gamburg believes she didn't mean to kill Benedicto. He said, "Every time I see her she cries. Every time I see her she expresses remorse and she's truly, truly devastated by this event."

"Unfortunately regret isn't a defense to the actual crime," countered Jones. He believes Velazquez did act with malice. He explained, "Prior to the stabbing the defendant attempted to run the victim over with her vehicle."

While the judge makes his decision, the Velazquez family will try to stay strong.

Attorneys on both sides now have 30 days to file briefs with the judge to explain their positions.
 


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