[deanmine]

Kathleen Weinstein

On tape, a victim's final, futile pleas The recording will be a centerpiece in the trial of the man charged with murdering her in '96

In her last hours on earth, special-education teacher Kathleen Weinstein summoned reasoned arguments and impassioned pleas, begging the teenager who had forced his way into her car to let her live.

He could have her car. Just take it. Or maybe she could drive him somewhere. That way he wouldn't really be stealing anything and she'd be OK and "maybe you can . . . you can get away another way," she tells him.

"You can have peace, you can. You can say, you can make a prayer with God and say, 'God, you know, just let me start over, you know. Let me out of this situation, let me start over, and put everything behind me.' And you got to commit your life to changing," Weinstein says on the tape.

None of it worked. In a remarkable 46-minute audio-tape recording that will become the centerpiece of Michael LaSane's Ocean County murder trial, the 44-year-old teacher's pleas dissolve into sniffles and chilling silence, a drama resurrected from her coat-pocket microcassette recorder three days later when her suffocated body was found.

LaSane, now 27, pleaded guilty to the March 14, 1996, murder in 1997, confessing that he'd kidnapped Weinstein because he wanted her 1995 Toyota Camry as a 17th-birthday present to himself. He was sentenced to a term of 30 years to life.

Eight years later, LaSane's plea was overturned by an appeals court. It found that, because his lawyer and his mother had a sexual relationship, there may have been undue influence on the mother to persuade her son to accept a plea deal.

The appeals court ordered LaSane to stand trial - the trial now about to begin.

If convicted by the jury, he faces a term of 60 years to life with no parole possibility for 60 years.

LaSane, feet planted firmly on the courtroom floor and staring directly at the jurors who will decide his fate, sat perfectly still as Assistant Prosecutor William J. Heisler said LaSane's was the voice on the tape with Kathleen Weinstein.

In his statement, Heisler described the last hours of Weinstein's life, snuffed out 11 years ago after she was carjacked in a Toms River shopping center.

"Michael LaSane carjacked her. Michael LaSane held her for hours against her will. And then Michael LaSane killed her," Heisler said.

According to the tape transcript, Weinstein repeatedly promises to help her captor find a better life through schooling, work, religion.

She gives advice on self-esteem. She offers to help him find a good job. And no, she wouldn't turn him in.

"You haven't killed anybody. And you haven't hurt me, so why can't I just let it go with that?" she says.

Defense lawyer James Friedman told the jury that only the victim and the killer know what really happened in that lonely Berkeley Township lot where the murder occurred.

"Michael LaSane knows he's innocent of these charges," Friedman said. "By the end of the trial, you'll know it, too."

Behind LaSane in the courtroom, shielded by a row of reporters, relatives and friends of Kathleen Weinstein fidgeted and fought back tears.

The tape wasn't an issue in LaSane's original guilty plea. Yesterday, before the trial commenced, Superior Court Judge James N. Citta ruled that the jury could hear the tape.

The ruling came after the judge, lawyers and LaSane listed to the tape on headphones. The defense and Weinstein's husband, Paul Weinstein, fought against the tape being played in open court. Weinstein copyrighted the tape years ago, hoping to keep the media from obtaining it.

Yesterday, after lawyers for the Associated Press and two newspapers argued that criminal-trial evidence must be made public, Citta released a 40-page transcript and said the tape would be played aloud in court during the trial.

Testimony begins today with Paul Weinstein scheduled as the first witness.

Contact staff writer Jacqueline L. Urgo at 609-823-9629 or jurgo@phillynews.com.

Transcript Excerpts

The 40-page transcript of the tape recording made by murder victim Kathleen Weinstein includes these passages with her abductor:

Her: Why don't you just - you haven't done anything yet, all you have done is not let me take my test, that's all you've done. You're scared, you're running from something, but that doesn't got nothing to do with me.

Him: Scared of me?

Her: For my life, don't you think I should be concerned and let you take my car for my life?

Him: Yeah, but I'll tell on you . . . You got to keep the right distance. . . I can tie you up and put you out there and I'll . . .

Her: No because you'll kill me.

Him: Sigh.

Her: You've got a gun, how do I know that you're not going to kill me?

Her: They're gonna catch you if they're looking for somebody just as easily as they're looking for you. Right?

Her: You drive out of here, at least I can be a help to you.

Him: I don't know . . .

Her: That you were . . . See you make me think that you're on the run from something . . . You, you might, you might as well be honest about what's going on. Huh?

Him: What's that have to do with anything?

Her: It has to do with everything.

Her: It'd be scary if you were in my position.

Her: I'm thinking about my little 6-year-old and I want to go home to him.

Her: Sigh.

Her: I don't care about any test. This creates a stress; I could hardly even be with him the last two weeks . . . (Crying) I spent my whole life to have my little boy . . . Don't break your mother's heart, I have a son and I know what it's like . . . Please let's just drive. OK, 'cause I'm really getting upset. Please?

Him: Time.

Her: Why? What's the time gonna make any difference from?

Him: Time makes all the difference right now. It's getting cold, you don't mind if I close . . .

Her: No (crying and sniffling). What kind of difference does time make?

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READ THIS PDF FROM COURT


371_njsuper_151.pdf

[Faline]

Quite chilling.

[Photoplay]

Reading this murder unfold is chilling. Thanks for all the information. It would be ironic if first sentence was 30 years and the second time round he got 60 years? Though I personally find the prospect so pleasing.

[Noid]

when I read it word for word its like putting myself in the victims shoes..and the killers when i read it again.. it's much more real.. glad that is making it to his trial. People need to hear that.

[petedeamon]

Criminals will always beg for the kindness they were not willing to give.....

[Lion-hearted Girl]

That's disturbing. Makes me wonder what I'd do in that situation. I truly have no idea

[deanmine]

be sure to read the PDF i included, crazy. the killers mom sleeps with the lawyer...