INSURANCE CRIME IS A VIOLENCE CRIME
When convicted of first-degree murder and conspiracy to commit murder for life insurance money, defendants demand a lot of chutzpah (unimproved bile) to file several appeals to reduce or eliminate life without a suspended sentence. In the latest effort, The People v. Leny Peterson Galafate, F081563, California Court of Appeals, Fifth District (June 9, 2022), the Court of Appeal wrote a detailed opinion discussing all the arguments submitted by the killer and spending more time and paper than a convicted murderer who had already appealed without success to various courts that were not deserved.
In 1989, the appellant Leny Peterson Galafate and her then-husband, accomplice Roman Galafate III, were convicted after a joint jury trial of charge 1, first-degree premeditated murder, on the special ground that the murder was intentional and carried out for financial gain; and indictment 2, conspiracy to commit murder for financial gain.
In 1991, the Court of Appeal upheld the defendants’ convictions and judgments on appeal and the Supreme Court refused to try their case. Not convinced that they appealed again involving Lenny’s request for appeal under section 1170.95 of the Penal Code, filed in 2019. Her request claimed that she was entitled to relief because she was not the actual killer, and her murder was based on the rule of aggravated murder and / or or the doctrine of natural and probable consequences. The court rejected the petition without holding a hearing.
Leny argues that the superior court erred in relying on this court’s previous opinion to summarily reject her submission without trial, this court’s previous opinion is likely to be unreliable, and she made a prima facie case for relief as the instructions allowed the jury to rule. for having robbed her. on an ascribed malicious theory.
In the mid-1980s, the accused Roman Galafate (Roman) and his then wife, Leny Petersen Galafate (Leny), lived with family members in Delano, California. Roman was an agent for the Midland National Life Insurance Company (Midland National) and had an office in the MGM Professional Building in Delano.
Roman processed an application for insurance of $ 250,000 for Violeta Petersen’s life. The application was dated 18 February 1986 and was named “Leny Petersen” as the recipient of the proceeds. Leny Petersen was Lenny’s maiden name.
Roman sent the completed application and money order to Midland National in Sioux Falls, South Dakota. Midland National received the documents sometime between 06.15 on Friday 21 February 1986 and at 06.15 Monday, 24 February 1986.
On February 24, 1986, Dr. Armand L. Dollinger, a forensic pathologist, an autopsy of Violeta Petersen’s 5 foot three inch body of 102 pounds. Dr. Dollinger concluded that Violeta died of suffocation caused by ligature strangulation sometime before 1 p.m. 14.00 on 22 February 1986. The ligature could have been a rope or a string. Dr. Dollinger testified that the death by ligation strangulation would have taken several minutes.
On June 11, 1986, Midland National’s Reny Petersen sent a check for $ 76,362.50, representing revenue from Violeta’s 1985 policy plus interest.
On January 23, 1989, after a joint jury trial, both Roman and Leny were convicted of first-degree premeditated murder, with the special circumstance found to be true; and indictment 2, conspiracy to commit murder for financial gain, with two obvious acts found to be true.
The court sentenced both Roman and Leny to life without the possibility of parole for charge 1, first-degree murder with the special circumstances, and remained for 25 years to life for charge 2, conspiracy to commit murder.
A review of the entire journal reveals significant evidence of the accused Leny Galafate’s status as both accomplice and accomplice and conspirator. Leny Galafate forged Violeta Petersen’s signature on a $ 250,000 insurance claim. In the application, the defendant, under her maiden name Leny Petersen, was stated as the policyholder. Someone murdered Violeta Petersen within a week after the application was executed. Defendant filed a $ 250,000 claim, dated April 4, 1986, with Midland National. Midland National accepted the claim and questioned both the use of the defendant’s maiden name and her signature on the application.
The defendant accompanied Reny Peterson to the bank on two different occasions. On June 25, 1986, the defendant withdrew $ 10,000 in cash from Reny Peterson. On July 8, the defendant took Reny Peterson to Presideo Savings and Loan and received a cash check of $ 66,000. That check was deposited in the defendant Roman Galafate’s bank account the same day. People correctly note Lenny’s actions fully supported the jury’s decision that she conspired to commit murder for financial gain.
Both defendants filed several petitions after the verdict and questioned their beliefs. In 1987 and 1989, the defendants submitted written petitions to the Court of Appeal and were rejected. In 1997, the defendants filed a joint petition on the lawsuit in the Supreme Court; The petition was rejected because the defendants re-asserted issues that had already been raised and rejected in their direct appeal.
In this case, the jury found that the financial gain was a special circumstance, based on instructions that required the jury to find either that Leny was the actual killer, or that she intentionally assisted and assisted the actual killer in carrying out the murder.
The actual finding of the special circumstance therefore established that the jury made the findings necessary to show an intent to kill for her conviction for premeditated murder under the law. Leny is therefore not qualified to prosecute by law, and she has not been affected by the Court’s summary refusal of her application.
In addition, according to the instructions and findings of the special circumstances, it is clear that the jury convicted Leny of premeditated first-degree murder by stating that she had intended to kill. She is therefore not entitled to be prosecuted by law.
Leny argued that the jury at her trial in 1989 could have convicted her of murder based on an “uncharged” conspiracy theory based on insurance fraud as a target crime and murder as a non-target crime. Leny argued that aiding and abetting conspiracy instructions, combined with the prosecutor’s theory of insurance fraud motives, made it possible for jurors to attribute malice to Leny from her participation in the insurance fraud.
The Court of Appeal concluded that Lenny’s claim that she was convicted of murder based on an uncharged conspiracy theory is kind and refuted by the journal that may be considered for prima facie determination.
While the superior court failed to comply with paragraph 1170.95 by summarily rejecting Lenny’s motion of appeal without conducting a hearing or setting out the reasons why it did not issue a decision to state reasons, the court’s statutory violations are not harmful because Leny is unsuitable for resentment as a matter of law and her arguments to the contrary are meaningless.
People who commit insurance fraud are by definition immoral. Those who commit premeditated murder to collect on a life insurance policy are evil and have no morals. Leny proved the lack of morality to appeal her sentence in more detail, only to have the California Court of Appeal write a lengthy statement pointing out her criminal behavior and she will serve the rest of her life in a gray bar hotel, California State Prison. Hopefully, no court will even consider a new appeal. She proves that insurance fraud is a violent crime.
(c) 2022 Barry Zalma & ClaimSchool, Inc.
Barry Zalma, Esq., CFE, now limits his internship to the position of insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as a lawyer for insurance coverage and claims management and more than 54 years in the insurance industry. He is available at http://www.zalma.com and email@example.com.
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