High court affirms sentence in Bethel deathBy WILSON RING
THE Associated Press | June 22,2013MONTPELIER — Vermont’s highest court affirmed a minimum 14-year prison sentence Friday for a man convicted in the 2004 death of his ex-wife, rejecting his claims that he should have been allowed to testify about her propensity for violence.
In its decision, the Vermont Supreme Court affirmed a lower court’s sentence of William “Al” Kimmick and said that court had heard sufficient details about how Kathryn Kimmick was prone to alcohol-fueled violent outbursts.
The lower court “expressly recognized that petitioner had committed the offense while the victim was drunk and armed with a knife, and that theirs had been a particularly ‘volatile relationship,’” the Supreme Court wrote.
But the lower court rejected that was reason enough for a lighter sentence and criticized Kimmick for appearing to blame the victim, the ruling said.
The Supreme Court ruling came as part of a response to a petition that Kimmick, now 44, had filed. He had argued that his attorney provided ineffective legal advice because the attorney would not allow Kimmick to testify about his wife’s behavior.
The body of Kathryn Kimmick, 41, was found frozen in a car outside her Bethel apartment on Jan. 23, 2004. It was estimated she had died three days before. An autopsy found she died of a blow, or blows, to the head. William Kimmick has said she attacked him with a knife beforehand.
William Kimmick fled to Taiwan after her death, but he surrendered to authorities there after his passport was revoked and returned to the United States.
Kimmick was charged with second-degree murder, but in the fall of 2004 he agreed to plead guilty to a reduced charge of involuntary manslaughter.
In 2007, the Supreme Court upheld his conviction.
The next year, acting as his own lawyer, Kimmick filed the petition, arguing his attorney threatened to withdraw from the case if Kimmick testified about his late ex-wife’s history of violence.
Kimmick is being held at the Northern State Correctional Facility in Newport. He is scheduled for release in 2018.MORE IN This Just InTODAY'S WEATHER MINUTE: Researchers studying bones of long extinct gigantic cattle, the aurochs, recovered from a bog in Amesbury, Wiltshire, and tools used to kill and butcher them,declare that place the oldest human settlement in Britain. 0Rutland Herald content editor Rich Alcott shares local weather information and easily digestible... Full StoryWhen she saw a job listing in Vermont, Abby Noland did what a librarian does. Full Story
- Most Popular
- Most Emailed
- TODAY'S WEATHER MINUTE: Researchers studying found bones of long extinct gigantic cattle, the aurochs, and tools used to kill and butcher them, recovered in Amesbury, Wiltshire, declare that place the oldest permanent human settlement in Britain.
- RICHARD'S POOR ALMANACK: Vasco da Gama leaves Calicut, India, to begin his return voyage to Lisbon, becoming the first European to complete a voyage by sea from Europe to India; on this day in 1949, Soviet Union successfully detonates its first A-bomb.
- TODAY'S WEATHER MINUTE: Scientists call for more research on the temporal and lasting effects of nuclear fallout on plants and animals in proximity to Japan’s Fukushima-Daiichi nuclear power station where changes at the molecular level were found.
- RICHARD'S POOR ALMANACK: On this day in 410 CE, Visigoths sack Rome and it isn't the first time, either; in 1859, Titusville, Pa., the first commercially viable oil well comes in; in 1918, the only World War I battle fought on U.S. soil in Nogales, Ariz.
- TODAY'S WEATHER MINUTE: Archaelogists uncover artifacts proving that late neolithic Egyptians, pre-dating the Pyramids of Giza, practiced mummification to prepare their dead for the afterlife, far earlier than presupposed.
- TODAY'S WEATHER MINUTE:Chemicals used in hydraulic fracturing that pollute ground water and the air we breathe come under scrutiny by researchers who find at least eight fracking chemicals toxic to mammals.