The slow, painful wheels of justice

PHILADELPHIA — Last January, life changed for Warwick resident Kendell Kless and her family.
On January 14 her son Kevin, 23, a graduate of Warwick Valley High School and Temple University, was beaten to death on the streets of Philadelphia.
Kevin Kless, who was living and working in Philadelphia, was leaving a restaurant and lounge in the City’s historic district with his girlfriend and a second female companion around 2:30 a.m. when he tried and failed to hail a taxi.
He shouted angrily at the cab and the suspects, traveling close to that taxi in another vehicle, likely believed his anger was directed at them.
They got out of their car and beat the young man unconscious in front of the two women who screamed for help. He was rushed to Jefferson Hospital and died that evening as a result of severe head trauma.
It was during the funeral service in Warwick that word began to spread that his killers had just been apprehended.
Motivated by a $20,000 reward, a tipster led police to the suspects: Steven Ferguson, 20, Kenneth Santiago, 19, and Felix Carrillo, 23.
At that time Philadelphia Police Media Relations Officer Tanya Little told The Warwick Advertiser that the suspects were being held on charges of murder, aggravated assault, simple assault and conspiracy to commit murder.

April 4

But the wheels of justice turn slowly and it hasn’t been easy for Kendell Kless and her family who have had to journey to Philadelphia almost every other week as the various hearings progressed.
On April 4, for example, the first hearing was held just to determine what the charges would be: third degree murder or involuntary manslaughter.
“The courtroom was standing-room-only packed with Kev’s supporters,” said Kless. “Many of them made the trip from Warwick. My friend Oney Huffman and I had made up buttons that had pictures of Kevin and loving sentiments about him. We passed them out to the supporters.”
Kless reported that her son’s girlfriend, who was with him that night, a detective on the case and the medical examiner testified three hours for the prosecution.

May 14

The lawyers for the defense requested that the judge grant them a continuance to prepare written motions after the lengthy testimony. The judge, Patrick Dugan, granted the continuance, scheduled for May 14.
That was the day after Mother’s Day and the exact four-month anniversary of her son’s death. Kevin Kless would have been 24 four days later.
On that day, Dugan ruled that the three defendants would be tried on a third-degree murder count instead of a general charge of murder in which the jury would decide the degree. Had the case gone to trial on a general murder charge, a jury could have found the trio guilty of first-degree murder, which carries a mandatory sentence of life in prison without parole.
A third-degree murder conviction carries a sentence of 20 to 40 years in prison.
The judge also set bail at $250,000 per defendant and the next court date was set for June 5, when the defendants were to be formally arraigned on the charges.
At that hearing before another presiding Judge, Benjamin Lerner, the defense attorney for Kenneth Santiago requested bail be reduced for his client, arguing that the family did not have the means to post the 10 per cent required for the defendant to be released on bail.
Lerner reduced Santiago’s bail to $20,000, which satisfied a legal requirement that at least $2,000 was needed to post in order to be released.

July 2

The Kless family traveled from Warwick to Philadelphia again on July 2 when Lerner heard arguments from the defense lawyers for both Carillo and Ferguson, the other two defendants.
The assistant district attorney and the lawyer for Ferguson had already agreed upon a reduction from $250,000 to $150,000, which would allow them to post $15,000 to be released on bail. The judge, however, educed Carillo’s bail further from $250,000 to $40,000, which would require only $4,000 to be released. But he also ordered that all three defendants be fitted with electronic monitoring devices as a condition of being released.
The defendants were soon released - but without the monitoring devices because they were in short supply in Philadelphia at that time. The family has since been told that the defendants have been fitted with them but no other court dates have been set.
“If the case goes to trial,” said Kendell Kless, “we are told it won’t happen until some time in 2014. Much has to happen in between and I don’t think anyone can imagine the physical, emotional and financial toll this takes on us.”
She is pleased, however, that the three recipients of her son’s organs are doing well.
In the long nightmare of the legal process one of three scenarios can result: a judge trial; a jury trial or plea-bargaining.
With a judge trial, both the prosecution and the defense agree to go before a judge, who will determine the charges for each defendant; third degree or manslaughter, their guilt or innocence and the penalty imposed.
In a jury trial, the members of the jury determine the charges and guilt or innocence. The judge does the sentencing.
With a plea bargain, the prosecution and defense agree upon the charges and the sentence.
In all three cases, if the defendants are sentenced to two years or more, they go to State prison. Anything 23 months or less will be spent in county jail. The judge can also grant parole or give credit for time served.

‘We need that’

“I realize that life has gone on for everyone else,” said Kless. “For us, life has been irrevocably altered, forever. I would like people to know that their kind words or their thoughts and prayers are still welcome and needed.
“When I see people out in public, I think often they are afraid to say anything because they don’t want to upset me or make me think about it,” she added. “Or they avoid me so they don’t have to talk to me at all. Well, we think about it all the time.
“Some days are good days, and some are very difficult. It’s helpful, to me anyway, to know that Kevin and our family is still in their thoughts, that they still support us. ‘We’re thinking of you,’ or ‘How you doing?’ is comforting. The support and the caring provides comfort and sustenance,” Kless said.
“We need that.”

- Roger Gavan