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Jury Hears Closings Over Child Thrown Off Walkway

Carmela Dela Rosa

MATTHEW BARAKAT   10/ 5/11 06:41 PM ET   AP

FAIRFAX, Va. — It was hate and revenge – not insanity – that drove a Virginia woman to toss her 2-year-old granddaughter to her death from a sixth-level pedestrian bridge at the state's largest shopping mall, a prosecutor said Wednesday.

Jurors heard closing arguments Wednesday in the murder trial of 50-year-old Carmela dela Rosa of Fairfax, who pleaded not guilty by reason of insanity in the death of Angelyn Ogdoc last November.

Commonwealth's Attorney Ray Morrogh told jurors it would be natural to think that dela Rosa must have been crazy to toss her only grandchild off the skywalk at Tysons Corner Center after a dinner outing to the mall's food court. But the facts tell a different story, Morrogh said.

He argued that dela Rosa was motivated by anger at her son-in-law for getting her daughter pregnant out of wedlock, and became enraged when she thought that he intruded on the mall outing by calling his wife on her cell phone. During the trial, jurors saw a videotaped confession in which dela Rosa she said she hated James Ogdoc and saw killing Angelyn as a way to hurt him.

"A trial is the search for truth. And sometimes the truth is very, very ugly," Morrogh said.

Defense lawyers argued that dela Rosa suffered from such severe depression that she could not distinguish right from wrong. Public defender Dawn Butorac cited a series of mental health professionals who diagnosed dela Rosa with major depressive disorder that became more intense over the last decade, culminating in multiple suicide attempts in the months before Angelyn's death.

"By all accounts she was a completely different person when she was afflicted with major depression," Butorac told the jury.

But the prosecution's mental health expert said dela Rosa's real problem was not mental illness but anger at her family for defying her wishes.

The trial's final witness, prosecution expert and psychologist Stanton Samenow, said he saw no evidence that dela Rosa suffered hallucinations or delusions. Instead, he said, she was consumed by undying anger not only at her son-in-law, but also at her daughter and even at Angelyn for stealing all of the family's love from her.

Samenow was appointed by the judge to conduct the insanity evaluation for prosecutors over the objection of defense attorneys, who argued that Samenow's history shows a bias in favor of prosecutors.

Samenow testified that he has done roughly a dozen insanity evaluations over the years, almost always testifying for the government and almost always disputing a finding of insanity.

He told jurors that dela Rosa was "angry, uncompromising, unforgiving and difficult."

In particular, he said dela Rosa "detested" her son-in-law, James Ogdoc, and never forgave him or her daughter, Mary Kathlyn Ogdoc.

"She felt betrayed," she said. "This anger and sense of betrayal lasted indefinitely. It didn't go away."

Samenow did not dispute the findings of other doctors who concluded that dela Rosa had a major depressive order, but said his own diagnosis was that of a borderline personality disorder.

Regardless of any diagnosis, Samenow concluded that dela Rosa's real problem was not any mental illness, but that she was a hateful person who reacted badly when things went against her.

"There is a lot of hate in this woman," he said.

Jurors will resume deliberations Thursday. To find dela Rosa not guilty by reason of insanity, they must conclude unanimously by a preponderance of the evidence that either dela Rosa could not distinguish right from wrong or did not appreciate the nature or consequences of her actions.

If convicted, dela Rosa faces up to life in prison.

 
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HUFFPOST SUPER USER
babybelle
EARTH without art is just EH
06:22 PM on 10/06/2011
I live in Fairfax. The news reported she was found guilty and the jury recommends 35 years. The state had asked for life.
The judge can lesser the 35 years but can't increase it.
03:17 PM on 10/06/2011
Clearly she is crazy. No one is going to contest that fact. A sane person does not harm their own flesh and blood no matter how mad they are at other people. She openly admitted that she killed the poor baby as a way to hurt her son-in-law. Did she honestly believe it would not hurt her daughter too? Or maybe she didn't care. That admission of guilt better ring in the jurors ears because I really can't stand to see another baby killer get away with murder. Then, when she is found guilty, take her sorry piece of trash behind out back and introduce her to a firing squad -- no blindfold because she needs to see death coming, and save the tax payers the expense of supporting her worthless life until she has exhausted every possible option and we shoot her full of chemicals which will give her an undeservedly peaceful passing... no, let her feel the pain that baby felt. Let her know death is breathing down her neck and let her feel completely helpless to stop it... just like that poor little baby.
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HUFFPOST COMMUNITY MODERATOR
peegan
Silence like a cancer grows...S/G.
02:57 PM on 10/06/2011
Depression is not insanity. You still know right from wrong no matter how severe your depression. Lock this horrible woman up for liFe where the only "little one" she comes in contact with is a cockroach.  Loathsome B.
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amaboss52
Jesus died for your sins...get your moneys worth!
02:25 PM on 10/06/2011
Give her the shot, jealous of a 3 year old, what a narcissistic, selfish snake. Killing a 3 y/o, wtf!
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Karissa36
Saving lost boys and fighting pirates.
01:23 PM on 10/06/2011
I can't imagine a grandparent complaining that a grandchild takes attention away from herself. This is so incredibly narcissistic it boggles the mind. She knew what she did was wrong, and that is enough for her to be convicted. She will no doubt spend her time in prison blaming her daughter, son-in-law, the prosecutor, judge, and everyone else for her problems.
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HUFFPOST SUPER USER
didbblejr
~Opinions, distinguish our Great Nation
09:58 AM on 10/06/2011
Toss her from the tallest skyscraper in VA. Why waste money on any other method? That will show all the other criminals "we mean business" if you kill you will be killed.
09:23 AM on 10/06/2011
Crazy? Who cares? Let her be craqzy in jail for the rest of her life. Killing a defenseless child is almost always much worse than killing a cop or anyone else - the penalties should be commensurate.
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09:16 AM on 10/06/2011
This is what they do in Mahico,probably give her $200 and deport her for being an illegal. If she goes to jail she still won the lottery, gets to stay here on the house for who knows how long.
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Parade Keegan
I Can Hear You
12:57 PM on 10/09/2011
Where do you get the idea she's an illegal alien? BTW, it's spelled Mexico in the U.S., apparently English is your second language.
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Sanarae Brachelle
08:21 AM on 10/06/2011
I am so sick and tired of the mental card being used when people do horrific things. I don't care if she was depressed, I don't care if she was drunk, I don't care if she was mentally challenged the fact is she took a life and should be punished accordingly. Society needs to stop making excuses, she was not defending herself, she was not defending someone else, she took a childs life and her life she be spent in prison with no chance of parole and I am not a advocate for the death penalty but she qualifies because there is no doubt that she did it, NONE! Insanity my tail, put this monster away!!!
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rickmarkson
He who laughs last thinks slowest!
05:53 AM on 10/06/2011
Now she gets to hate prison
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snide7242ca
Progressive Liberal and Senior Citizen
08:23 PM on 10/05/2011
What a statement from this grandmother. That poor child. This act was insane but, she must have been insane for a long time. Not an excuse for this.