|
Posted on Sat, Aug. 06, 2005
Defendants in killing also face civil case
By Eric Louie
CONTRA COSTA TIMES
While two of the three defendants accused of killing a Livermore teen in 2002 know their fates in that case, their legal troubles are not over.
In October 2003, while the criminal process against Livermore residents Katherine Belflower, 20, Jeffrey Hamilton, 23, and Michael Simons, 22, for the death of Jenna Nannetti continued in a Stockton courtroom, the victim's family filed a civil suit in Alameda County court.
The civil suit claims wrongful death, negligence and liability against the three suspects, Belflower's mother and two others who had contact with the shotgun used in the killing.
Additionally, Hamilton faces an attempted murder charge for allegedly trying to kill another teen March 1, 2003, in Livermore. It was the arrests of Hamilton and Belflower in that case that led to charges in the killing of Nannetti three months earlier. She was 17.
It was a case that included a tangled web of love interests and plans to buy a house with money from Nannetti's life insurance policy.
Hamilton pleaded guilty to second-degree murder in March and is expected to receive a 15-year-to-life sentence in exchange for testifying at Simons' murder trial, scheduled to start in October.
Belflower pleaded guilty to first-degree murder and other special circumstances, and was sentenced last month to 25 years to life in prison.
Besides accusing the three suspects of planning the killing, the civil suit also accuses Belflower's mother, Robin Belflower, of being a negligent parent. The suit says she knew or should have known her then-minor daughter was having a relationship with the adult Simons, who lived at their home. It also accuses her of not addressing her daughter's emotional problems, which included acts of violence.
"From our evidence, it was a party house," said attorney Scott Woodall, who represents Jenna Nannetti's parents, Bobbie Nigro and Jim Nannetti.
Robin Belflower's attorney, Jay Brown, said blaming his client is ridiculous.
"To lay responsibility in this matter at the feet of Robin Belflower is preposterous," said Brown, who declined further comment. He is representing the mother; no attorneys are listed for Belflower or Simons. Hamilton is representing himself.
The suit also names Remington Royster and unnamed parents/guardians, and Clifford Gunther. Royster is accused of letting Belflower hide a stolen shotgun at his home. Gunther, who Woodall said has not been located, is believed to have bought the shotgun afterward but traded it with Simons for a rifle.
A deal is being worked out to have Royster taken off the suit. His attorney, Nathan Holden, and Woodall would not give specifics, but Holden said it represents his client's "limited liability."
Woodall would not say how much the plaintiffs are asking for, but acknowledged they probably won't get much; at least two of the main defendants will be in prison.
"Its never been about getting any money," said Brown. "But it doesn't mean someone didn't get killed."
Some aspects of the case have gone forward, like a judge recently deciding the victim's grandmother and guardian, Linda Nannetti, does not have the right to sue, it has mostly been postponed until all criminal cases are over. That's to ensure evidence doesn't surface and possibly taint the criminal trial, Woodall said.
In addition, Hamilton has an attempted murder case listed as active at the Alameda County Superior Court in Pleasanton.
Authorities believe he and Belflower tried to kill a then-16-year-old girl in March 2003, with whom Simons was in a relationship, but were interrupted by East Bay Regional Park police. Simons and Belflower had broken up by this time.
During those arrests they admitted their involvement in the Nannetti killing. The case against Belflower, who was charged as a juvenile, was later dropped.
San Joaquin County prosecutor Robert Himelblau said Hamilton would not face the charge until after his formal sentencing.
Marty Brown, who heads the Pleasanton branch of the Alameda County District Attorney's Office, did not return several calls over the past week on where the case would go.
|
![[info]](http://l-stat.livejournal.com/img/community.gif){kind=small}
dragginbytes
accomplished