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TMCNet: Murder trial ordered for ex-boyfriend in Novato woman's slaying

[November 19, 2009]

Murder trial ordered for ex-boyfriend in Novato woman's slaying

Nov 20, 2009 (The Marin Independent Journal - McClatchy-Tribune Information Services via COMTEX) -- A man charged with killing his ex-girlfriend with a bat and kidnapping their baby in Novato was ordered to stand trial on all charges Thursday after two days of chilling testimony about the alleged bludgeoning.

James Raphael Whitty Mitchell, a member of the famed Mitchell pornography family, appeared in court this week for his preliminary hearing, which included grisly evidence of Danielle Keller's murder, pictures of the blood-splattered infant, unfavorable testimony from Mitchell's mother, and the audiotape of desperate 911 calls from Keller's landlady at the crime scene.

"Please help!" said the landlady, Bessie Tzafopoulos.

Dispatcher: "Where are you?" Tzafopoulos: "3 Diablo Court." Dispatcher: "Do you need medical or police?" Tzafopoulos: "Medical and police! This man came and kidnaps his little baby, and, uh, I think he killed his wife. He hit her in the head so many times." Mitchell, 27, of Pittsburg is charged with murder, domestic violence, kidnapping, child abduction and child endangerment. He could face life in prison if convicted.

Keller, 29, was killed on July 12 while throwing a first birthday party for her daughter, Samantha. Mitchell, the baby's father, had a history of domestic violence and two court orders barring him from contact with Keller.

Authorities say Mitchell stormed the residence, struck Keller with a bat and continued clubbing her head while she was face down in the yard. Then he allegedly scooped the bloodied infant under his arm and drove off.

Mitchell was arrested in Citrus Heights that night, and the baby was recovered from the vehicle.

After Keller was killed, Mitchell told his mother that he "didn't know his own strength," said prosecutor Leon Kousharian. Mitchell's mother, Mary Jane Grimm of Benicia, testified about her son's comments this week.

Novato police investigators also obtained AT&T records showing 19 phone calls from Mitchell's cell phone to Keller's on the day of the homicide, according to court testimony Thursday. Cellular tower data showed Mitchell's cell phone moving west across Contra Costa County, down to Richmond and into Marin County.

Twelve calls were placed from 6:10 to 6:42 p.m., when Mitchell's phone reached San Rafael. Eleven minutes later, Bessie Tzafopoulos called 911 to report the homicide.

Prosecutors say the phone records leading up to the homicide show Mitchell acted with premeditation, a necessary element for a murder conviction.

"Clearly, the defendant was the one who killed Danielle Keller with malice aforethought," Kousharian said. "Her skull was crushed by the defendant." The preliminary hearing was held Monday and Thursday to allow Judge Kelly Simmons to decide whether there was sufficient evidence to justify a trial.

Mitchell's lead defense attorney, Terence Hallinan, argued that the prosecution had failed to prove premeditation, suggesting the trial should be a manslaughter case instead.

"Certainly with all the evidence in the case, a heat of passion took place," said Hallinan, a former San Francisco district attorney.

Simmons ruled in the prosecution's favor, ordering Mitchell to stand trial for murder and all the other charges.

Mitchell, who remained calm during the hearing, returns to court Dec. 4 to set a trial date. He is being held without bail.

Deputy District Attorney Charles Cacciatore said a trial could take place in March or April.

Claudia Stevens, Keller's mother, sat through both days of graphic testimony and 911 outtakes during the preliminary hearing, which ended Thursday afternoon.

"The truth came out," said Stevens, a former California Highway Patrol officer. "I was prepared for it. I was there for my daughter." Erica Menezes, 25, a close friend of Keller's, traveled from her Los Angeles home to attend the hearing.

"We're all still dealing with it," Menezes said. "Especially because she was just getting her life back together. She finally got to the point where she said she didn't need James anymore." Mitchell is the son of the late porn impresario Jim Mitchell and the nephew of Artie Mitchell, his father's business partner. In 1991, Jim Mitchell shot his brother to death in Corte Madera and was sentenced to six years in prison for manslaughter.

Read more Novato stories at the IJ's Novato section.

Contact Gary Klien via e-mail at gklien@marinij.com To see more of The Marin Independent Journal or to subscribe to the newspaper, go to http://www.marinij.com/. Copyright (c) 2009, The Marin Independent Journal, Novato, Calif. Distributed by McClatchy-Tribune Information Services.

For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

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