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Monday, November 12, 2007

[NY] Finally a funeral for Yolanda. 3yrs & still no arrest.

...[Former Jamestown Police Officer Michael Watson's central argument was that police officials acted either maliciously or recklessly when they charged Watson with seven counts of stalking, four counts of aggravated harassment and one count of official misconduct in the wake of Jamestown resident Yolanda Bindics’ disappearance more than three years ago...


Slain woman buried three years after killing
wcax.com
November 11, 2007
JAMESTOWN, N.Y. (AP) - Yolanda Bindics was laid to rest yesterday -- three years after her murder. The Jamestown mother of 4 disappeared in 2004. A group of hunters found her skeletal remains on densely wooded state land in the town of Charlotte last year...
Police have questioned men in Yolanda Bindics' life, including former Jamestown police officer Michael Watson and Clarence Carte, the father of Yolanda's youngest daughter. Investigators won't elaborate on the cause of death, saying only that foul play was involved. Chautauqua County District Attorney Dave Foley says the FBI crime lab is still examining evidence.

Bindics Buried While Her Killer Remains Free
WKBW - TV Buffalo, New York
By Ginger Geoffery
Nov 10, 2007
..."She's the baby of the family and she's going to be sadly missed," says Yolanda's brother John Bindics, "Her smile, she just had a contagious smile." The Bindics family says they'll never give up hope that Yolanda's killer will be caught. "Ultimately justice for me, I don't know if I speak for the entire family but I believe that I do, that justice would really be the final piece we need to have closure," says John Bindics. "Maybe someday the authorities will bring somebody up," says Yolanda's mother Patricia Bindics, "We're just going to go on our way and leave it in God's hands." "Justice for Yolanda is all that's left now," says John Bindics, "She deserves it." There is a $21,000 reward for information leading to the arrest and conviction of Bindics' killer.
3 Years Later: Who Is Yolanda Bindics' Killer?
11/5/2007 8:48:35 PM
Updated: 11/7/2007
...after three years, investigators have yet to find the person who killed the young mother from Jamestown back in 2004. "We are continuing to investigate. I wouldn't characterize it as a cold case because we have a team of people that are involved in investigating and we are continuing to do so," said David Foley, Chautauqua County District Attorney... Investigators confirm that "foul play" was the cause of the death, but they would not clarify that cause any further. The FBI is still in the process of looking at other evidence...

Slain woman buried three years after killing
wcax.com
November 11, 2007
JAMESTOWN, N.Y. (AP) - Yolanda Bindics was laid to rest yesterday -- three years after her murder. The Jamestown mother of 4 disappeared in 2004. A group of hunters found her skeletal remains on densely wooded state land in the town of Charlotte last year...
Police have questioned men in Yolanda Bindics' life, including former Jamestown police officer Michael Watson and Clarence Carte, the father of Yolanda's youngest daughter. Investigators won't elaborate on the cause of death, saying only that foul play was involved. Chautauqua County District Attorney Dave Foley says the FBI crime lab is still examining evidence.

Bindics Remembered; Family Still Searching For Answers
The Post-Journal, Jamestown New York
By Nicholas L. Dean ndean@post-journal.com
11/9/2007
Held at Hubert Funeral Home in the city of Jamestown, people from throughout Western New York paid their respects to the mother of four as relatives remembered everything from her smile to her My Little Pony dolls... Calling "closure" a word she and her family do not like to use, Anne Bindics Chmielewski, Yolanda’s sister, said real closure will only begin when the person responsible for Yolanda’s death is in jail. "This might begin the closure process, but she was taken in an inhumane manner at a very untimely time," Ms. Chmielewski said. "Laying her to rest gives us comfort. It brings us comfort in knowing that we can at least pay our respects to our sister and daughter and mother"... In addition to her parents and daughters, Katelyn, 11, Courtney, 8, Allison, 5, and Emily, 4, Bindics is survived by four brothers, Sandor "Alex" Bindics, Imre "James" (Laura) Bindics, John (April) Bindics and Frank Bindics as well as six sisters, Lisa (Michael) Shaut, Margaret Bindics Ostrom, Rose Bindics, Tricia Bindics, Anne Bindics Chmielewski and Christine Bindics. She is also survived by 21 nieces and nephews. According to Ms. Chmielewski, even though some of Bindics’ four daughters are still young, they are very much aware of what happened to their mother... "Whatever they need to do to put this person in jail for the rest of their life is okay with us," Ms. Chmielewski said. "Something has got to be eating somebody up. There is still a reward and it is anonymous. We just want to put that information back out there and to thank everybody for the support so far. The support has been huge."

Funeral Held for Yolanda Bindics
WIVB
Nov 10, 2007 06:57 PM
...With her family and friends present, a farewell service was given for 25-year-old Yolanda Bindics. Her sister said, "She left many memories behind. Fond ones. Her smile, her sense of humor, trips to the grocery store with mom." Father Art Smith of St. Thomas Aquinas told the crowd of mourners to have the courage to move on, for Yolanda and her little girls, who brought gifts to the altar during the service remembering their mother... Yolanda's sister said, "I have fought the good fight. I have finished the race. I have kept the faith"... To this day, Yolanda's killer has not be caught, but her family remains hopeful that whoever murdered Yolanda will one day be brought to justice
Watson In Waiting
Criminal, Civil Cases Hinge On AppealsBy PATRICK L. FANELLI
Jamestown Post Journal, NY
Aug 18, 2007
[Excerpts] Three weeks after state Supreme Court Justice Timothy Walker dismissed the lawsuit filed against the city of Jamestown by former police officer Michael Watson, his only hope rests with the Fourth Appellate Division in Rochester, which will hear his appeal at some point in the months to come... [Former Jamestown Police Officer Michael Watson's central argument was that police officials acted either maliciously or recklessly when they charged Watson with seven counts of stalking, four counts of aggravated harassment and one count of official misconduct in the wake of Jamestown resident Yolanda Bindics’ disappearance more than three years ago... Webb also questioned the charges that were brought against Watson since they alleged that he stalked and harassed the three victims, though the three victims reportedly did not want charges brought against him... The judge, however, looked to the three victims’ original statements on which the charges were based... In the end, [state Supreme Court Justice Timothy] Walker granted Ms. Fiore-Nieves motion for summary judgement, dismissing the case, since he determined that police officials did not act maliciously or recklessly and thus were protected from civil actions under the doctrine of qualified immunity... Ironically, the six misdemeanor charges that remain against Watson also await a decision by the Fourth Appellate Division. In June, Judge Ward ruled that prosecutor Edward Cosgrove could not present certain e-mails and phone conversations critical to his case since he didn’t list them in earlier court documents... If both Cosgrove and Webb lose their respective appeals, that will be end of the criminal case the city is pursuing against Watson and the civil case Watson is pursuing against the city...

3 comments:

  1. from find yolanda forum:

    sibajb
    Senior Moderator
    To the COWARD!!
    « Thread started on: Mar 28th, 2005, 2:25pm » Quote
    I'd like to start a thread (or forum) labeled, " To the COWARD", in hopes that the loser and wimp responsible for Yolanda missing holidays, birthdays, ect, can read it everyday, as we read and "check up", on anything new about our Angel, Yolanda. To start, I want the worlds' biggest loser to know, I'm, not only looking for my baby sister, I"M LOOKING FOR YOU!!! You're so tough, come see me! I dare you! My guard is up and I dare you to come see me! I think I know who you might be, but, I WILL obey the law, but, if you think you can just make my sister and your problems, go away, guess again. I can tell you probably don't have parents that loved you, but, at least Chaplain Smith offered you a way out of this mess. And I, would have been alright with that, but, I'm tired of watching my family, friends, and even concerned strangers, cry. You are a sorry excuse for a human being, and now I, along with the F.B.I., and several other agencies am hunting you!!!!

    To the COWARD!!
    « Reply #2 on: Mar 28th, 2005, 11:14pm » Quote
    To the one responsible for causing such aguish and pain by taking Yolanda away from the many of us who love and miss her dearly and for causing such heartaches and confusion as to why you are doing this to Yolanda and the many of us who love her so dearly.

    Of all people, why Yolandahuh?? Yolanda's so harmless. What were you possibly afraid of?? Was it because she's so carefree and thoughtful?? Is it because she had too much trust and didn't realize there are individuals like yourself that are out there who could and would consider hurting people in the way you have?? Why would you or anyone for that matter want to take away something so precious?? PLEASE FIND IT IN YOUR HEART TO SEND HER HOME.

    Did Yolanda step on your toes the wrong way or perhaps stood her ground and said "NO"huh What is it that she could have possibly done to you for you to cause such a horrible pain in many people’s hearts who love her so dearly and unconditionallyhuh Do you know what it's like to love someone so much that you feel like they complete you?? Have you ever been loved by someone who mattered so much to you?? Have you asked yourself "what if this happened to one of my loved ones"?? If you have children, could you imagine being without themhuh And I'm not talking about them living in another home other then yours, but to never see them ever again or for them never to see you again. Worse of all, could you possibly imagine the thought of not knowing where your child(ren) are because one day you just woke up and they're gone like that?? Again, PLEASE SEND YOLANDA HOME WHERE SHE BELONGS.

    http://findyolanda.conforums3.com/index.cgi?board=coward&action=display&num=1112122164

    ReplyDelete
  2. Yolanda Bindics' Family Shares Grief
    Posted by: Michael Geller, Producer
    WGRZ
    Created: 9/18/2006 2:07:11 PM
    Updated: 9/22/2006 7:12:52 AM

    The family of Yolanda Bindics issued their first statement since her remains were identified on Monday.

    "I want to know what actually happened to our little girl. Did she suffer? How long? What was the actual cause of death? Why? Why Yolanda," asked Patricia Bindics, Yolanda's mother.

    "It's one step close, and at least now we know she's in heaven, the safest place she can be. We know that now, instead of wondering and worrying," said Yolanda's sister, Margaret. But, added her mother, "I wouldn't soften the reality of the severity of the case, though. She's not, there's not peace..."

    Jamestown police Detective Lt. Todd Isaacson said it is still an open investigation. "Our field has turned quite drastically with the discovery of the body." "This isn't the case that goes away when we leave work. We wake up in the middle of the night with it. It's on our minds constantly," he said.

    Chautauqua County Sheriff Joseph Gerace announced on Monday that the human remains found in Chautauqua County last weekend have been identified as Yolanda Bindics, a Jamestown woman missing for more than 2 years.

    Gerace said the remains were identified through dental records. The coroner has not determined a cause of death. The sheriff would not identify what, if any other evidence, was recovered with the body. Gerace also said they would not comment on any suspects.

    The remains were found by two hunters in the town of Charlotte, near Lewis Road, in Chautauqua County last Sunday. The area is described as very remote with thick, heavy woods and had not been previously searched. Bindics was last seen leaving her job at the Family Dollar on Fluvanna Avenue in Jamestown in August of 2004.

    Forensic investigators on the case say that the remains show that foul play is suspected in the death. They continue to analyze the bones at Mercyhurst College in Erie, Pennsylvania. DNA evidence is also being examined at the Erie County Central Police Services lab in Buffalo.

    For over two years, authorities could not explain what happened to Bindics, a mother of four who vanished in August of 2004. But last month, all of a sudden, there was a flurry of activity in the case.

    Jamestown police even went so far as to predict "We're confident we're gonna be able to solve the case," said Captain Lee Davies.

    The confidence came after police received results of DNA testing on some of Bindics personal items police found in the days after her disappearance. According to the case's lead investigator, after those results came back from the FBI Crime Lab in Quantico, Virginia, police focused attention on Clarence "Carl" Carte, the father of Bindics' youngest child.

    Immediately after Bindics vanished police seized and searched a Dodge Durango used by Carte, who was named a "person of interest" by police, as was Darien Thomas, who also is a father of one of Bindics’ children. Also named as a person of interest was then-Jamestown Police Officer Michael Watson, who, according to police, had a relationship with Bindics.

    Watson resigned from the force this June.

    The same investigator said none of the three has been ruled out. Of those three persons of interest, the investigator said only Carte was interviewed by police last month. The investigator also confirmed that, on the evening Bindics disappeared, Carte was seen at a Kwik Fill gas station located across the street from the Family Dollar where Bindics worked and was last seen.

    Carte referred all questions to his lawyer, whom we could not reach. But 2 On Your Side did ask him about the investigation during an interview last August.

    Reporter: "What do you say to people around here who may wonder if you had a hand in this at all?"
    Carte: "That I didn't, and you know, yeah, in the past I've made mistakes, and one of my mistakes in the past is what came back to haunt me, but my mistakes were nothing compared to what they tried saying I did, or what people may think I did."

    Despite the attention to Carte, police have made no arrests. The lead investigator said they've collected even more evidence and are again awaiting forensic test results from the FBI. He attributed the recent lull to the fact that delay.

    The first results took well over a year. The investigator is hoping the second round will be put on the fast-track.

    The family of Yolanda Bindics was notified of the identification by Jamestown Police prior to Monday's news conference.

    http://www.wgrz.com/news/news_article.aspx?storyid=41243

    ReplyDelete
  3. Judge's Decision Appealed; Defense Attorney Says Prosecutors Have No Case
    Jamestown Post Journal, NY
    By PATRICK L. FANELLI
    6/6/2007

    Facing six misdemeanor charges, former Jamestown police officer Michael Watson was scheduled to appear in court Tuesday for the start of a jury trial in the nearly three-year-old case.

    But once again, Watson’s day in court has been delayed as prosecutors appeal a decision passed down from Chautauqua County Judge John Ward that stops them from introducing specific pieces of evidence, according to Paul Webb Jr., Watson’s attorney.

    "What he is trying to do is prohibit Judge Ward from enforcing the order of March that precluded the people from introducing evidence that had not been disclosed to the defense," said Webb, an attorney with the Lakewood law firm Erickson, Webb, Scolton and Hajdu.

    The evidence Ward dismissed consists of e-mails and phone conversations relating to the charges that Watson stalked and harassed three female employees of the Jamestown Police Department during his own tenure as an officer, according to Webb.

    He also said the evidence had not been disclosed to the defense, the reason for the dismissal.

    The charges against Watson originated during an investigation immediately following the disappearance of Jamestown woman Yolanda Bindics. Watson was placed on administrative leave after it was revealed that he had been involved with Ms. Bindics romantically.

    After a subsequent investigation, Watson was accused of stalking and harassing the three female employees. The case went to a grand jury in December 2004, and he was indicted on three counts of fourth-degree stalking, four counts of third-degree stalking, four counts of second-degree aggravated harassment and one count of official misconduct.

    In July, Ward dismissed all but one of the stalking counts and the official misconduct charge on the grounds that the evidence prosecutors provided to the grand jury was "not legally sufficient." Only the official misconduct charge was reinstated upon appeal, which Webb described at the time as a victory for his client.

    In the early days of the case, Buffalo lawyer and former Erie County District Attorney Edward Cosgrove was appointed as the special prosecutor to avoid potential conflicts of interest among Chautauqua County prosecutors.

    Cosgrove disagreed that the appellate court’s decision — which was passed down in late September — was a victory for the defendant.

    "The fact remains that the alleged conduct of the defendant will be encompassed within the presentation of the evidence under the (remaining) six counts of the indictment," Cosgrove said at the time.

    Webb, on the other hand, believes the case is going nowhere and wishes the prosecution would simply drop it.

    "They don’t have a case," Webb said. "There isn’t even enough evidence to take to a jury. He should have never been charged to begin with."

    Cosgrove could not be reached for comment Tuesday.

    Watson resigned from the Jamestown Police Department in May 2006, just days before a civil service hearing regarding alleged violations of department policy that stemmed from the stalking and harassment accusations.

    Watson is suing the Jamestown Police Department and the city of Jamestown, alleging that investigators maliciously painted him as a suspect following Ms. Bindics’ disappearance.

    Police, on the other hand, blame the media and the public for reaching such conclusions about Watson, saying they only labeled him as a person of interest, the classification of which included everyone who knew Ms. Bindics and could shed some light on her disappearance.

    Ms. Bindics disappeared in August 2004, and her remains were discovered by hunters on state forest land in the town of Charlotte last September. The cause of death was eventually ruled as foul play, and a suspect has not yet been identified.

    Send comments to pfanelli@post-journal.com.

    http://post-journal.com/articles.asp?articleID=16322

    ReplyDelete

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