A Los Angeles jury convicted a second elderly woman of murdering a homeless man in an insurance scheme.
The jury was deadlocked Thursday on another murder count and a conspiracy count against 75-year-old Olga Rutterschmidt.
She was convicted of murdering Kenneth McDavid. The judge has ordered the panel to reconvene Monday to try to decide the other two counts involving victim Paul Vados.
Rutterschmidt's co-defendant Helen Golay was convicted Wednesday of murdering both men. She was also convicted of conspiracy to murder for financial gain in both killings.
Deputy District Attorney Truc Do in earlier court testimony told jurors that Rutterschmidt was an equal participant with Golay.
Golay was convicted of the first-degree murders of McDavid, 50, in 2005 and Vados, 73, in 1999. She was also convicted of the conspiracy counts in both killings.
Prosecutors said the women collected $2.8 million from insurance policies on the lives of the men who were killed in staged hit-and-runs.
Golay's convictions carry potential sentences of life in prison without possibility of parole. The single conspiracy count returned against Rutterschmidt carries a sentence of 25 years to life.
Overheard tip broke the case
Prosecutors said the women recruited their prey from among the homeless of Hollywood, invested thousands of dollars in insurance policies on them and in putting them up in apartments, then drugged them and ran them over in secluded alleys.
Both men initially appeared to have been victims of hit-and-run accidents, and police linked the cases only in late 2005 when a detective investigating one overheard a colleague describe a similar case.
In his closing argument, Deputy District Attorney Bobby Grace called the women "the worst of the worst."
"They didn't need this money. They weren't poor and destitute. They went out of their way to target men who had nothing," the prosecutor said.
The jury saw a secretly recorded videotape of the two in a lockup after their arrests. Rutterschmidt berated Golay, saying her actions in taking out 23 insurance policies raised a red flag when the men died.
"It's your fault," Rutterschmidt told Golay. "You can't have that many insurances. ... You were greedy. That's the problem."
On insurance policies, the women represented themselves as a cousin and a fiancee of McDavid. Golay said she thought McDavid loved them.
On the tape, Rutterschmidt snapped: "I was the cousin. You were the fiancee. Baloney."
Defense lawyers admitted the women were involved in insurance fraud but denied a murder conspiracy.
"We'll concede it's pretty sleazy what's going on here with the insurance," Golay's attorney, Roger Jon Diamond, said. He said the idea was to insure old, sick homeless people who would die more quickly.
But prosecutors pointed out that most of the policies were for accidental death, not death due to natural causes.
By the end of the five-week trial, the women had turned on each other.
Diamond said Wednesday that he was confident there were significant issues to raise on appeal of Golay's conviction. One was whether it was proper for the judge to admit the secretly taped conversation, Diamond said.
And he said he felt the overall defense was harmed by the decision of Rutterschmidt's lawyer to attack Golay and suggest she was a killer.
Diamond said in his closing argument that when Rutterschmidt began recruiting younger homeless men, she may have had her own scheme to have them killed.
Rutterschmidt's lawyer claimed his client was "simple minded" and obsessed with Golay, a relatively wealthy woman she met in 1999. Deputy Public Defender Michael Sklar accused Golay of manipulating Rutterschmidt to buy a car used as a weapon but said it was Golay alone who committed murder.
Golay funded the scheme and wrote the checks, Sklar told the jury.
Allegations about Golay’s daughter
Golay's lawyer, failing in a last-minute attempt to derail the case against the women, claimed Golay's own daughter, Kecia, 44, drove the car that ran over McDavid. Kecia Golay was not charged and did not testify in the trial.
There were no witnesses to the killings. But prosecution evidence included identification of Rutterschmidt by the man who sold her a car that was found to have McDavid's DNA on its undercarriage. There was also evidence that the car required a tow from an intersection near where McDavid's body was found an hour later, and that Golay's auto club membership number was used to summon the tow truck.
A key prosecution witness was a homeless man who said he was targeted to be another victim but left when he was pressured by Rutterschmidt for personal information and to sign documents.
Jimmy Covington, 48, said he was approached by Rutterschmidt on a Hollywood street in 2005 and was promised benefits, a place to stay and money.