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After 2 more subpoenas and some delays the first trial started on Tuesday (yes, there will be 2 trials on different charges). I think the prosecutors are protecting themselves in case they get a "not guilty" on the first trial. The defense is claiming "insanity" based on fetal alcohol syndrome. I testified yesterday but the paper only dealt with the first witness, the female victim:

Victim recounts terrifying morning home invasion

Thursday, August 10, 2006

By John S. Hausman

CHRONICLE STAFF WRITER

Kristen Mura awoke to the sound of someone trying to jimmy open her locked bedroom door.

Scared for herself and her 3-year-old son in bed with her, the 24-year-old Whitehall woman then saw the door open and a man enter, a gun in his belt and a hooded camouflage mask over his face.

She had additional reason to be frightened, Mura told Muskegon County jurors Wednesday: Just hours before, a drunken male friend -- whom she had just thrown out of her house -- had said "he was going to gut me, and he told me, 'you're going to die, bitch,' " Mura said. That's why she had locked the bedroom door.

Now the intruder came to her bed, sat down, took off the mask and revealed he was Lee Michael Sterhan -- the man who had threatened her after she pushed him outside, locked the doors and called police to report his violent tantrum in her house at 128 Tulgeywood.

Sterhan, 23, of 2131 Bourdon is on trial in Muskegon's 14th Circuit Court on charges of first-degree home invasion, being a felon in possession of a firearm, resisting and obstructing police and two felony firearm counts.

The charges stem from Sterhan's actions the morning of July 26, 2005, at Mura's home and afterward, when he refused police orders to surrender and was dropped with an electric stun gun, then subdued, after a two-hour standoff at the home.

In a separate case, Sterhan awaits trial on charges of first-degree home invasion and a felony firearm count. That involves Sterhan's break-in to a neighboring state trooper's home earlier that morning, leading to the theft of two handguns and ammunition.

Sterhan's attorney, Shirley Burgoyne, contends her client was legally insane.

In his opening statement Wednesday, Senior Assistant Muskegon County Prosecutor Robert F. Hedges disputed that. While conceding that a drunken Sterhan did some things that seemed "crazy," he said the defendant showed he understood the consequences of his actions -- for instance, at one point after the initial ejection from Mura's home, raising his hands when a police officer ordered him to do so, then jumping over a backyard fence to escape. "His brain was functioning," Hedges said.

Mura testified the dispute began in the early-morning hours when Sterhan -- whom she had known for years, originally as the friend of her ex-boyfriend -- and his girlfriend were hanging out in Mura's home, all of them drinking. Then, sometime around 3 a.m., a loud argument erupted between Sterhan and his girlfriend, Mura said.

Sterhan became violent, flipping over her couch, punching a hole in a door and doing other damage, she said. She finally was able to push him out a breezeway door. That's when Sterhan made the threat, she said.

After her call to 911, police searched for Sterhan but lost him after his fence-leap. While at large, he allegedly broke into the trooper's home while the man was at work and stole a .357 Magnum and another handgun. A relative discovered the break-in and called 911 around 9:45 a.m.

Whitehall police, suspecting Sterhan might have stolen the guns, then went to the Mura home and telephoned inside. A man answered, saying Mura was sleeping and refusing to put her on the phone. Police from several departments then surrounded the home, prepared for "barricaded gunman" situation.

As it turned out, Sterhan had broken in while Mura slept, entering through an unlocked garage door and then a window to her kitchen. At about 11 a.m., she awakened, she testified.

Sterhan had broken into her bedroom with a butter knife, and now -- still visibly "upset," she testified -- he wanted to talk about Mura's calling the cops on him earlier.

Then he took the .357 Magnum out of his waistband, she testified.

"He just held it in his hand. I saw it -- it freaked me out," Mura said. "It scared me, especially since earlier that night, he said what he said."

Sterhan didn't assault her or the child, Mura said. At one point he let her use a bathroom across the hall, where -- using a cell phone -- she softly called 911, then returned to the bedroom to protect her son.

A few minutes later Sterhan went downstairs from Mura's second-floor bedroom, leaving her and Brandon alone. Again she called 911 and discussed with the dispatcher ways to get her and her boy out of the house safely.

Finally, "I just grabbed my son and went downstairs ... The door's right there" at the foot of the stairs. On her way out, she glimpsed Sterhan in her living room with two guns. He did not try to stop her.

©2006 Muskegon Chronicle

© 2006 Michigan Live. All Rights Reserved.

Edited by Chuck Nessa
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My neighborhood's excitement level pales by comparison. The wildest thing that happened around here was when an overly medicated woman drove backwards into my neighbor's yard, plowing into his entryway, sending glass and plywood flying. Then she throws the car into drive and plows into his brick mailbox housing.

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Now the "perp as victim" defense:

Defense attorney insists client was insane at time of alleged crimes

Friday, August 11, 2006

By John S. Hausman

CHRONICLE STAFF WRITER

Lee Michael Sterhan was legally insane -- either unable to appreciate the wrongfulness of his actions, or unable to conform his conduct to the law -- when, with a gun in his belt and a hunting mask over his head, he broke into a terrified woman's bedroom last year, Sterhan's lawyer told jurors Thursday.

Attorney Shirley Burgoyne opened her defense case in Sterhan's 14th Circuit Court trial for first-degree home invasion, being a felon in possession of a firearm, resisting and obstructing police and two felony firearm counts.

The charges against Sterhan, 23, of 2131 Bourdon stem from Sterhan's actions the morning of July 26, 2005, at Mura's home and afterward, when he refused police orders to surrender and was dropped with an electric stun gun, then subdued, after a two-hour standoff at the home.

In a separate case, Sterhan awaits trial on charges of first-degree home invasion and a felony firearm count. That involves Sterhan's alleged break-in to a neighboring state trooper's home earlier that morning, leading to the theft of two handguns and ammunition he carried with him into Mura's home.

According to Kristen Mura's testimony earlier, the 24-year-old Whitehall woman was awakened around 11 a.m. by the sound of a someone trying to jimmy her locked bedroom door, followed by Sterhan's entry into the room she shared with her 3-year-old son. She wound up escaping the house with her child, without injury.

Hours before, she had thrown Sterhan out of her home at 128 Tulgeywood and called 911 after he damaged furniture and a door in a drunken rage during an argument with his girlfriend, Leah Zegoski, after all three had been drinking together. At that time, Sterhan had told Mura he was going to "gut" her and said, "You're going to die, bitch," Mura told jurors.

"He was completely out of control, he was acting crazy," defense attorney Burgoyne told jurors in her opening statement, describing Sterhan's behavior the morning of July 26. "He was out of it."

Grand Rapids clinical psychologist Steven Pastyrnak, director of the psychology clinic at DeVos Children's Hospital, told jurors he diagnosed Sterhan as suffering from bipolar disorder -- sometimes called manic-depression -- and attention deficit hyperactivity disorder, based on an interview with Sterhan and a written psychological test, conducted in January at Burgoyne's request.

Sterhan's 30-year-old sister, Jennifer Menzock, who grew up with the defendant and lived with him fore nine months before his arrest, testified that he had always had "destructive" and "very strange" behavior, seemingly getting worse as he grew older, and punctuated by periods of serious depression that led her to fear suicide.

Under cross-examination by Senior Assistant Muskegon County Prosecutor Robert F. Hedges, Menzock acknowledged she never sought to have Sterhan committed for mental treatment or ever filed a police report.

Zegoski testified "he didn't know what he was doing, or that it was wrong" the morning of July 26 before Mura threw him out of her home. Under cross-examination, she admitted she initially lied to police to protect Sterhan "because I was scared, but I know that was wrong."

©2006 Muskegon Chronicle

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Jurors find man guilty in home-invasion case

Thursday, August 17, 2006

By John S. Hausman

CHRONICLE STAFF WRITER

Jurors this morning found Lee Michael Sterhan guilty of home invasion, resisting police and weapons offenses in a highly publicized July 2005 case.

Sterhan, a gun in his belt and a camouflage mask over his head, broke into a terrified Whitehall woman's bedroom, victim Kristen Mura told jurors last week. He was charged with first-degree home invasion, being a felon in possession of a firearm, resisting and obstructing police and two felony firearm counts. The jury this morning found him guilty on all counts.

Police at first believed it to be a hostage/barricaded gunman case, but Sterhan let Mura leave the house unharmed.

The charges against Sterhan, 23, of 2131 Bourdon stemmed from his actions the morning of July 26, 2005, at Mura's home and afterward, when he refused police orders to surrender after walking out of the house. He was dropped with an electric Taser stun gun, then subdued.

According to Mura's testimony last week, she was awakened around 11 a.m. by the sound of someone trying to jimmy her locked bedroom door, followed by Sterhan's entry into the room she shared with her 3-year-old son. She wound up escaping the house with her child, without injury.

Hours before, she had thrown Sterhan out of her home at 128 Tulgeywood and called 911 after he damaged furniture and a door in a drunken rage during an argument with his girlfriend, after all three had been drinking together. At that time, Sterhan had told Mura he was going to "gut" her for calling the police and said, "You're going to die, bitch," Mura testified.

In a separate case, Sterhan awaits trial on charges of first-degree home invasion and a felony firearm count. That involves Sterhan's alleged break-in to a neighboring state trooper's home sometime that morning, leading to the theft of two handguns and ammunition he carried with him into Mura's home while she slept.

In closing arguments Wednesday, defense attorney Shirley Burgoyne tried to persuade jurors to find Sterhan not guilty by reason of insanity.

"It's just not rational," Burgoyne said of Sterhan's behavior at several points on the day in question. She argued that testimony by a defense psychologist, Sterhan's older sister and his girlfriend demonstrated he was mentally ill and legally insane at the time. Under Michigan law, the defense must prove such a claim by a preponderance of the evidence.

Senior Assistant Prosecutor Robert F. Hedges argued that no evidence supported that claim. He noted that a state-appointed forensic psychologist found no indication Sterhan was mentally ill or insane, and Hedges challenged the credibility of the defense witnesses. "This is about the worst case, the weakest case, of the insanity defense you can possibly imagine," he said.

The case went to jurors around 3:30 p.m. Wednesday. They deliberated about 90 minutes that day, then for more time this morning before returned their guilty verdicts.

©2006 Muskegon Chronicle

© 2006 Michigan Live. All Rights Reserved.

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