Michael Schumacher and Anthony Waiters appeared in the Stockton courthouse this morning, along with Kelly Lau and Carén Ramirez, for a hearing where their attorneys pleaded with San Joaquin County Superior Court Judge Terrence Van Oss to remove or reduce some of the counts against them.
All four are in custody at San Joaquin County Jail in French Camp on multiple charges including torture, aggravated mayhem and child abuse after they allegedly caused great bodily harm to “Kyle,” a runaway teenage boy at Schumacher and Lau’s home on Tennis Lane. If convicted, they could face life in prison.
John Casanave, representing Schumacher, said that based on the grand jury transcript his client did not torture Kyle out of the traditional motives such as extortion or revenge, so that charge should be reduced.
“You have to have cruel, extensive pain and you have to show purpose,” Casanave said.
Prosecutor Angela Hayes said her side looked at the big picture, studying the severity of Kyle’s injuries and determined that the intent was to cause extreme pain.
Casanave also tried to dispute the charge of aggravated mayhem, saying that the evidence of Kyle initially saying that Schumacher “never” beat him with a heated aluminum bat and then later saying that he “might have” isn’t stable enough.
In response to the felony charge of assault with a caustic chemical, where one or more of the defendants allegedly poured lighter fluid on Kyle, Casanave said Schumacher was just in the house for dinner at the time and did not take part in the assault.
Van Oss denied all three of Casanave’s motions, saying that Kyle’s abuse was “extraordinary.”
“We have Schumacher sitting here watching this take place and allegedly it’s his gasoline,” Van Oss said of Schumacher’s involvement. “He’s at least encouraging this activity and apparently condoning it under his roof.”
Waiters’ attorney, Allen Jose, said that the validity of the evidence against his client was his biggest problem. Jose said that statements Kyle provided were elicited improperly and were laced with hearsay and speculation regarding what Waiters allegedly did to him.
When Jose said that there were too many “speculative facts” that came out of the grand jury transcripts to secure a motive, Van Oss interjected and asked what reason Waiters would have for abusing the boy.
Jose said that no motive exists and it’s Hayes’ job to prove Waiters actively tortured Kyle.
Hayes said the evidence against Waiters and the other defendants is extensive, noting that Lau’s 5-year-old daughter even told the grand jury that Waiters repeatedly hit Kyle with a heated aluminum bat. Van Oss denied Jose’s motion to remove or reduce Waiters’ felony torture charge.
“He could’ve left at any time,” Hayes said of Waiters, noting that he had a job and other activities to do, but he kept going back to the Schumacher home.
Jose also told Van Oss that there is inadmissible evidence of death threats Waiters allegedly made to Kyle. He said there’s no concrete evidence in the grand jury transcripts that while Kyle was in captivity, he feared for his safety. Hayes countered, saying there was no question he was terrified.
Van Oss denied Jose’s motion to clear the charge of the threats after he read aloud statements from Kyle in the grand jury transcript.
“They always had these plans to basically kill me,” Van Oss read. “They would say it in front of me.”
The statement Van Oss read said that the defendants planned to cut Kyle up and throw him into the Delta, among other things, because he “didn’t deserve to live.”
Prior to the speeches of the attorneys, Van Oss said the enhancement charges of inflicting great bodily injury were dismissed for both Schumacher and Waiters. Van Oss also dropped a charge of personal use of a non-firearm weapon for Waiters.
Van Oss told the attorneys that there’s probably no way for the trial to begin in February, as previously planned. There will be another hearing at 8:30 a.m. Nov. 17 to reconsider scheduling, he said.
The hearing lasted about 45 minutes. Schumacher was the first to come into the courtroom, at about 9:15 a.m. today. He talked with Casanave, laughing occasionally and making a suggestive gesture.
The other three defendants were led in a few minutes later. Waiters read over court papers as he waited for the hearing to begin.
• Contact Tracy Press reporter Justin Lafferty at 830-4269 or jlafferty@tracypress.com.
It is all fine that you support Tony. He is a friend of yours, I get it. Too bad that Kyle did not have a friend who could have protected him like you want to protect Tony.
While he is innocent until proven guilty, the DA has enough evidence against him and the others or they would not have pursued the case.
If Tony ever went into that home and saw Kyle tied up, bruised, or otherwise negleted he is just as guilty as the rest of them for not reporting it to the police or CPS.
I am grateful to live in a country where I get get free counsel if I can't afford it. But some of those same liberties also allow certain priviledges to criminals which I believe they do not deserve.
So I will remain an advocate for Kyle and the rest will hopefully get what they deserve when all the truth comes out.
I cannot believe all of the hate that some people have in them. It is very hurtful and yes you have done your jobs it has struck a nerve. It is as if many have repressed high school memories and feel the need to attack someone many do not know personally.
Tony is a good person and has been a even better friend to me and I love him for that. When our daughter was diagnosed with autism he was there for my family when we were sad and feeling lonely, even now even though he is going through a lot he is still there thinking about us.
You are supporting the victim but there is also someone sitting in jail that has been accused of doing these terrible things and in the eyes of the law is innocent until proven guilty, he has family and friends that love and support him.
I choose to continue to stand by him no matter what, that is what a true friend does.
As far as the public defender comments go, if any of you at any time needs one you would be very happy and should feel lucky that we live in a country where many men and women fought and lost there lives defending our rights, one being the right to an attorney.
Mr. Jose is a wonderful man doing his job and fulfilling his oath, "Zealousy defending his client within the bounds of the law".
Go ahead attack me, call me names whatever you feel you need to do, I will not dignify with a reponse.
I feel that I have to defend my friend and I will continue to do so until the end of time. We love Tony and nothing will ever change or take away from that.
Also everyone just ignore Bird, he's seems to be playing a game on every thread where he purposely makes the type of statement like he made below just to watch your reaction.
doors17
Not only will they get 3 square, cot and medical, but they will also be put in PC, so that they won't be hurt...And we as taxpayers will support them for the rest of their lives..
I would prefer that my money go to Kyle for his needs for the rest of his life.. Unfortunately, it is not my choice..
Kyle has a long way to heal. I hope he somehow knows how many people think about him, wishes him well and hopes his tormentors get what they deserve. Let's not forget the bio children of this couple either. They must have suffered as well.
Even if they all get a life term in prison, they will always have a warm bed, 3 meals a day and healthcare. They will be better provided for than most hard working families these days. THAT is a shame.
Kyle, you have so many people all over the country who are praying for you and hope you are recovering.
His physical condition says it all and remember, the other children in the house were interviewed and told a similar story.
Even if he was a misbehaved brat, nno kid deserves that kind of treatment. Good Lord, my hair is a bird.
I will not even dignify your comment with a response.
A relative of mine saw poor Kyle minutes after his escape from the people who were keeping him captive. A 16 yr old who looked like he was 12, with soot, dried blood, scars and a shackle tight around his leg hardly sounds like his home was the safe haven it is suppose to be.
KYLE, THE CITY OF TRACY AND THE STATE OF CALIFORNIA IS EXPECTING THESE ANIMALS TO SPEND THE BALANCE OF THIER LIVES IN PRISON.
KYLE IS THE VICTIM AND THE NATION IS WATCHING THIS!!!
Just cannot believe this plea for reduced charge... that is a slap in Kyles's face!
Furious, CN
“You have to have cruel, extensive pain and you have to show purpose,” Casanave said.
It looks like attorney John Casanava has decided that being shackled, hit with a bat, forced to sleep in a fireplace, burned, and starved isn't torture. He who stands up for nothing falls for anything.