David Berkowitz Back In Court

[bloodrayne]

Son Of Sam Headed Back To Court

New York — A judge has ordered Son of Sam serial killer David Berkowitz and his former lawyer to prepare for a trial to resolve their dispute over ownership of several items that Berkowitz says are his.

State Supreme Court Justice Sherry Heitler said Wednesday she had seen nothing that proved positively who owned the documents, letters, photos and other items that Berkowitz turned over to his former lawyer, Hugo Harmatz.

Berkowitz is serving six sentences of 25 years to life for killing six people and wounding seven in 1976-77 in the New York City area. He is imprisoned at the Sullivan Correctional Facility in Fallsburg, N.Y.

He said he gave the materials to Harmatz for safekeeping and as props in a youthful offender program the lawyer said he was developing. He sued Harmatz in June 2005 after learning the lawyer planned to use them to document a book he was writing.

Berkowitz’ current lawyer, Michael Heller, asked the judge to order Harmatz to return the materials, which he said Harmatz kept for his “own salacious, selfish and scandalous purposes” and “to sensationalize and market Mr. Berkowitz’ life.”

Harmatz, who practises criminal law in New Jersey, said he used the materials he got from the serial killer to write a book, Dear David. He said that when he first contacted Berkowitz he was clear about what he intended to do.

Harmatz, the judge notes in her six-page decision, said letters he received from Berkowitz show that the killer intended to give the materials to him as gifts.

The judge disagreed, saying, “the letters referenced by Harmatz do not, in the court’s opinion, unequivocally establish that the items turned over to Harmatz were given to him without reservation, for use by Harmatz in whatever manner he chose.”

Without more evidence, the judge said, it’s impossible to discern why Berkowitz turned over certain items to Harmatz. She scheduled a pretrial conference for May 1.

Berkowitz got his nickname from a note left at a crime scene that read: “I am a monster. I am the Son of Sam.” He shot his victims, usually while they sat in cars, and was arrested in 1977.