Stabbing case goes to jury
Ex-wife in hospital after apparent suicide effort
By Sue Lindsay, Rocky Mountain News (Contact)
Published July 25, 2008 at 2:44 p.m.
Updated July 25, 2008 at 11:53 p.m.
Nancy Bautista was considered suicidal months before the trial.
A Jefferson County jury began deliberations in the attempted murder trial of Nancy Bautista while she lay unconscious in the hospital after an apparent suicide attempt Friday - the day she was to testify in her own defense.
Bautista, 54, a registered nurse, was found unconscious in the bathtub of her apartment Friday morning after she failed to show up for trial in Jefferson County District Court.
She is charged with attempted first-degree murder for allegedly stabbing her husband, college administrator Michael Bautista, in the back April 15, 2007, while he worked on his computer preparing a property list for their pending divorce.
Nancy Bautista had appeared on time for all court appearances, but her failure to show up Friday morning threw attorneys and police into a frantic attempt to check on her welfare.
She had attempted suicide in May 2007 and was considered suicidal in the months before the trial, defense attorney Michael Ferber said.
Nancy Bautista was barely breathing and had no pulse when police found her in the bathtub with a burning candle and crucifix on the toilet seat, said Jefferson County investigator Russ Boatright.
Judge won't grant mistrial
Although there was no water in the tub, doctors said it appeared that she had been submerged. Tests indicated she did not suffer brain damage, Boatright said.
Ferber asked for a mistrial, but District Judge Lily Oeffler denied the motion, saying Bautista had waived her presence for the remainder of the trial by choosing to attempt suicide.
Under the law, Oeffler said, "Miss Bautista has decided to absent herself from this proceeding. She has picked a dreadful way to do it, but she has created this. This is a decision she has made." Oeffler earlier had issued a bench warrant for her arrest when she failed to appear in court.
The trial resumed with closing arguments, over Ferber's strong objections.
"This seems cruel and inhumane," he said "She is sick. She suffers from a mental illness. She lay down in that bathtub this morning in water and tried to kill herself. To continue with the trial while she is unconscious in the hospital is unconscionable."
Ferber said Bautista's daughter had spoken to her at about 7 p.m. Thursday and she seemed "in good spirits" and prepared to take the stand today.
But the defense case took a bad turn Thursday afternoon when a key expert, Roger Carlson, took the stand and admitted that his doctorate in psychology came from a diploma mill in Texas.
Boatright said he, too, was able to obtain a doctorate in psychology in less than 24 hours from the diploma mill, which he said also offers applicants a 4.0 grade-point average for an additional $75.
Ferber said he just found out about the background of his expert Thursday when Carlson was being questioned by prosecutors. "It was a total shock," said Ferber. He said Carlson has several clinics in the metro area and he has sent clients there.
'Emotionally draining case'
Carlson was to testify that Nancy Bautista was under the influence of drugs and alcohol during the attack on her husband and that her troubles could be traced to childhood abuse, which left her with post-traumatic stress syndrome.
Ferber told jurors during his closing that "this is probably the most emotionally draining case I've ever had in my life."
He called Michael Bautista's version of events "baloney" and said Nancy Bautista stabbed her husband after he slammed her into the wall and threw her on the floor as they argued about his extramarital affairs.
"He was lying his head off about everything," Ferber said.
Prosecutor Charles Tingle reminded jurors Nancy Bautista is on trial, not her husband.
"No one will say he should win husband- of-the-year or defend his conduct searching porn sites or defend his infidelity," Tingle said. "Call it despicable, but it's important to the case because it establishes Nancy Bautista's motive."
Tingle said Nancy Bautista was angry and sought revenge against her husband, telling him after she stabbed him, "I want you to feel the pain that I feel."
Bautista disabled phones in the home and knocked a cell phone out of her husband's hand, refusing his repeated pleas to call for help, Tingle said. Instead, she asked her husband to lie on the floor with her as the blood drained out of his body.
"She wanted him to die," Tingle said.
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July 25, 2008
11:20 a.m.
Suggest removal
LingLingfor_prez writes:
"Nancy Bautista had attempted suicide in May, and had been suicidal in the months before the trial.."
And all of a sudden things are supposed to be different this time?
July 25, 2008
11:50 a.m.
Suggest removal
GILPINMAN writes:
I WANT A PHD... THAT WOULD BE GREAT ON MY WALL
July 25, 2008
11:50 a.m.
Suggest removal
climber4life writes:
If she was on trial for attempted murder, why wasn't she in jail?
July 25, 2008
12:31 p.m.
Suggest removal
Heidi writes:
Then how would I cut my ribeye, RickyLee?
July 25, 2008
12:38 p.m.
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LiverDude writes:
Oh Ricky Lee--Don't you know that if knives are outlawed only outlaws will have knives? The anti gun lobby will remain silent on this one. From the NRA standpoint, if she had a gun she wouldn't be on trial now for "attempted" murder. LOL!
July 25, 2008
12:49 p.m.
Suggest removal
LadyBird112 writes:
Probably because she only talked about suicide those few times--not constantly, or at least not enough to warrant that. That's my guess though, I'm not a legal expert. Anyone?
July 25, 2008
2:13 p.m.
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HollyGoLightly writes:
This case just keeps getting strange day by day.
July 25, 2008
2:20 p.m.
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Heidi writes:
RickyLee,
Maybe we'll just have to be rebels! We could share the same knife. I would like to try your prime rib.
July 25, 2008
2:54 p.m.
Suggest removal
Dude writes:
you can get a PhD from the Sally Struthers Television Institute. At least thats where i got my PhD, as well as a MB in culinary arts and a BS in sports physiology.
July 25, 2008
2:57 p.m.
Suggest removal
gr8fuldude writes:
And the hits just keep on coming...
July 25, 2008
3:06 p.m.
Suggest removal
arby writes:
Heidi
Every one should have their own knife. I carry one in my pocket one on my belt and and a couple in my car. Plus a drawer full at home. Just in case I run into enough money to buy one of those prime ribs or ribeyes. Or just in case I run into one before it's fixed up by King Soopers. My potential assain and I split the knives awhile ago. She got the better set but I wasn't about to argue. I know when to quit whether I'm ahead or not.
July 25, 2008
3:16 p.m.
Suggest removal
Heidi writes:
arby, how funny! I like knives, especially sharp ones. It's the dull ones that are dangerous.
July 25, 2008
3:21 p.m.
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ItsJustme writes:
Why would they hospitalize her for suicide? Wouldn't the morgue be more appropriate?
July 25, 2008
3:28 p.m.
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Jackieg218 writes:
So Ummm how did she try to kill herself? They made no mention.
July 25, 2008
3:54 p.m.
Suggest removal
BroncoRick69 writes:
Lets see, if she was found in a bathtub more than likely she cut her wrists, and hopped in the tub. The water keeps the wounds from healing, and ya bleed to death.
July 25, 2008
3:55 p.m.
Suggest removal
vendari01 writes:
I didn't think they could arrest you for commiting suicide, only for attempting to do so. Perhaps the law was changed, so they could arrest the corpse. If so, what about her Miranda rights? Come on Rocky, what happened to your proofreaders? And I have to agree with the question as to how she could have been left unwatched, in such a mental state. Between this and the "spam king", law enforcement is taking as big of hits as the Air Force.
July 25, 2008
3:55 p.m.
Suggest removal
sheepherder writes:
What is up with the story headline "hospitalized in apparent suicide." Wouldnt that indicate she is dead? How about attempted suicide?
Heidi, will your dad accept sheep as dowry?
July 25, 2008
4:09 p.m.
Suggest removal
davies writes:
Today's story: "Lakewood police found her (unconscious) in the tub, along with a burning candle and a crucifix on the toilet seat."
Tomorrow's story: "Upon learning of the defendant's hospitalization, the defense filed a motion with the court to withdraw the video of the purported exorcism as evidence."
July 25, 2008
4:11 p.m.
Suggest removal
Who_Me writes:
"Woman who stabbed husband hospitalized in apparent suicide"
Because that's what the quality of reporters/editors is doing to RMN - apparent suicide from lack of readership because of poor quality writing.
July 25, 2008
4:29 p.m.
Suggest removal
RoloFan writes:
No one's throwing around any psych terms here, but Borderline Personality Disorder would fit, which means "I don't care what I have to do to get your attention, because I'm so filled with anxiety I'll do anything to draw attention to myself." Now she's had a "suicide attempt". Can we say "Drama Queen"? Sounds Borderline to me. . .
July 25, 2008
7 p.m.
Suggest removal
arby writes:
Sheepherder
If her dad won't accept sheep maybe he will accept a ribeye. I get 1st dibs because she knows how to sharpen knives. I bet I have more knives than you do. I even have a tibetan sheep castration knife that is pretty cool. Not your usual Buck knife.
Heidi
Doen't get all serious on us.
July 25, 2008
9:08 p.m.
Suggest removal
SteveC writes:
RickyLee, what a stupid comment. Outlaw knives and this kind of thing wouldn't happen?? How would I make my PBJ in the mornings? I'd have to use a spoon!
July 25, 2008
9:08 p.m.
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davies writes:
Heidi,
You have gone and excited the Knife People. Now what do you intend to do about it? Although truthfully, I did think the dowry offer was kind of endearing, no?
July 27, 2008
10:51 a.m.
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SirKoble writes:
Nancy is my Mom, and I know that this was not an attempted suicide. it was an accident. She fell asleep in the tub. She would of taken alot more pills. all her meds where full when they found her.
July 28, 2008
6:37 a.m.
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HeavenlyRuth writes:
SirKoble: she's a ffba: faker, faker belly-acher. Her mommy is laughing, laughing, laughing at her.
July 28, 2008
6:42 a.m.
Suggest removal
HeavenlyRuth writes:
Still laughing....*sniff* tissue please, someone.