There are some things related to these issues that point to perhaps why Judge Stark allowed Weber to question the
procedures and practices of the Suffolk County Police. Two attorneys, Richard Wyslling and Richard Hartman,
had attempted to see DeFeo as he was being held by police the night of the murders. Wyslling’s wife was a cousin of
the Brigantes so he was asked to intervene on Ronnie’s behalf. He and his colleague were given the “run-around” by
police as they were trying to determine where Ronnie was being kept that night. Furthermore, DeFeo said detectives
Dunn and Rafferty had “beaten” his confession out of him, repeatedly hitting him with a phone book. This story seems
to hold water considering DeFeo’s condition at his arraignment. DeFeo was covered in black and blue bruises, had a cut
lip and his face appeared to be significantly swollen. Far from the condition he was depicted in the photos of being led
away in handcuffs by detectives. Judge Signorelli was said to be shocked at his appearance and ordered a medical
examination. Three other friends of DeFeo’s including Bobby Kelske also claimed they were assaulted by police that
were trying to get them to sign confessions as well, although this can not be proven to any degree of certainty.
So it was that in his own opening statement Weber told the jury he planned to demonstrate that Butch DeFeo was
not only clinically insane, but also the victim of an overzealous police department using whatever means necessary to
“solve” the case. It would become quite clear to observers of the trial that Butch was well-rehearsed by Weber and
gave the best performance possible when called to testify on his own behalf.
“I killed them all. Yes, Sir. I killed them all in self-defense.”
Among the defense witnesses taking the stand were friends and family of DeFeo who painted the portrait of an
erratic man prone to violence, fueled by the abuse he received from his father. Growing up in that environment had
turned him into an irrational, self-destructive and yes, psychologically damaged individual. In many cases, testimony
that would support the insanity defense was heard from witnesses who were instructed by Weber to only answer the
questions put forth by him while volunteering no insights of their own that might prove to contradict the defense’s
position.
One such witness was William Davidge, who was said to be dating, or had dated, Dawn DeFeo. He had visited the
DeFeo house on a few occasions and as a friend of Ronnie, was pointedly told what role he would play on the stand.
Weber had met with him prior to the trial and told him there was little doubt DeFeo was guilty, but he was going to
seek a plea of insanity by fabricating it in court. Davidge was to tell only those stories about him that would support
his mental incompetence. To that end, he claims Weber attempted to coerce him into confirming details about the
family and Ronnie that he knew were simply not true. In a sworn 1988 affidavit taken in Florida, William states his
brother Frank had cut a “back room deal” with Weber regarding his own testimony.
Sullivan, knowing that he needed to counteract this strategy, listed among his own witnesses police officers and
detectives who described in great detail the gruesome scene they had observed and recounted their own interactions
with DeFeo. The prosecution also called relatives and friends of DeFeo who had a much different take than the
defense’s about the source and consequences of Butch’s brutality and aberrant behavior. Sullivan was striving to
present DeFeo as a more multi-dimensional figure with a capacity for reason and calculation even after murdering his
parents and siblings.
A conviction or acquittal would likely come down to DeFeo’s mental state at the time of the murders and as the trial
proceeded, the defense was beginning to lose some ground on that front. The decisive card they had to play was going
to be a demonstration to the jury that Butch DeFeo was indeed a deranged man. Pushing his chips to the center of the
table, Weber called Butch DeFeo to the stand. It would turn out to be a boon to the prosecution as DeFeo’s testimony,
while pointedly unhinged and contentious, likely did more to incite anger in the jury than exact any measure of
empathy.
Hoping to illustrate his client’s detachment from reality, Weber had approached DeFeo and - holding up a crime
scene photo of his slain mother - asked, “Ronnie, thats your mother isn’t it?” Looking at the photo and then at Weber,
DeFeo replied, “No, sir. I told you before and I’ll say it again. I never saw this person before in my life. I don’t know
who this person is.” Weber then showed Butch a photo of his father’s body and asked him, “Butch, did you kill your
father?” The response sent a shockwave through the court room. Butch replied, “Did I kill him? I killed them all. Yes,
Sir. I killed them all in self-defense.” A few of the jurors recoiled in shock while others gasped out loud. Now it was
time to up the ante a bit and Butch explained to the court he had heard his family in another room that night plotting
his demise. Perhaps they didn’t understand what Gerard Sullivan understood; that this was performance art and the
total lack of surprise on William Weber’s face at the response all but confirmed it.
It was very clear that Weber was determined to establish that Ronnie did not act alone. At one point during his
testimony, Weber allowed him to explain what happened the night of the murders. “Well, I remember somebody. . . I
told you I blacked out or fell asleep. Somebody came down there and start kicking me. And when I got up the TV was
off, the room was pretty dark. All I know was somebody was standing there with a rifle in their hands and the hands
that the person had were black,” he said.
“Ronnie, who was that person?”
“I thought it was my sister.”
“Who?”
“Dawn, that’s who I thought it was, to be quite honest about it.”
Weber, anticipating what any juror was likely thinking at this point, asked Butch why he would possibly do
something like this. “As far as I’m concerned, if I didn’t kill my family, they were going to kill me”, DeFeo replied. “And
as far as I’m concerned, what I did was self-defense and there was nothing wrong with it. When I got a gun in my
hand, there’s no doubt in my mind who I am. I am God.” At a later point he claimed the “voices in my head” told him
to take the lives of his family. Butch was obviously already sprinting to the finish line with these outrageous
proclamations, but the prosecution team wasn’t buying a word of it and it’s likely neither was Judge Stark, but there
was concern that the ultimate arbiters, the jury, just might. It was crucial to the case against DeFeo that Sullivan
aggressively launch an assault on DeFeo’s testimony.
During cross-examination he immediately derided Butch’s failure to recognize his own mother. Who else would be
in that bed? After all, he knew who she was when he he arrived at Harry’s Bar that night and cried out that his parents
hd been shot dead. He continued to assail discrepancies in DeFeo’s testimony along with the statement he gave police
the night he was interviewed. Sullivan was very calculated in his approach with DeFeo, doing his best to discredit and
at the same time antagonize him. He gambled that Butch could not hold his composure through such a contentious
inquiry and would either lash out or throw in the towel as he usually had when cornered. He was unyielding in his
challenge to DeFeo’s credibility and sought to bring him out of his contrived “crazy” act to show him for what he truly
was. Butch might not give a straight answer most of the time, but he certainly had a propensity for violence when
emotionally aroused and angered.
Seizing on DeFeo’s testimony that he felt no remorse for his actions, Sullivan asked him if he felt good at the time
of the shootings. “Yes, sir,” Butch replied. “I believe it felt very good.” “Is that because you knew they were dead,
because you had given them each two shots?” Sullivan asked. Butch being predictively evasive responded, “I don’t
know why. I can’t answer that honestly.” Sullivan, wanting to probe a bit more into this line of questioning asked, ”Do
you remember being glad?” “I don’t remember being glad. I remember feeling very good. Good.” the increasingly
impatient DeFeo responded.
Now it was clear this was not his own attorney asking pre-rehearsed questions as a means to an end. Butch did not
know what was coming and he was growing bored and agitated. Finally the questions became too much to bear as
Butch was no longer in control of the situation. At one point he snapped as Sullivan had hoped. Glaring at the
prosecutor he blurted out, “You think I’m playing? If I had any sense, which I don’t, I’d come down there and kill you
now!”
“If I had any sense…which I don’t”. Clearly from that statement, Butch was beginning to outsmart himself. It is
often said, mainly in jest and to make light of the more clinical point, that legitimately insane people don’t understand
they are insane. It seemed that in DeFeo, Weber had - to this point - a willing participant in the deception, albeit one
Butch may have been coerced into only as a means of self-preservation. Both sides still had serious issues to contend
with in terms of his testimony: For the defense, it came down to whether DeFeo could continue to stay on track and
not compromise their case by veering too far off-script under duress. For the prosecution, it was whether the jury
would have the seeds of reasonable doubt planted in their minds by this performance. To that end, both parties
needed to introduce an impartial evaluation of the accused to further their cases for and against his capacity for
reason.
The defense introduced Dr. Daniel Schwartz, a veteran of criminal proceedings who had testified in hundreds of
cases. The DeFeo trial would establish him as something of a “go-to” expert in criminal defense and he later gained
national prominence by testifying that “Son of Sam” killer David Berkowitz was indeed clinically insane. Schwartz went
right to work supporting DeFeo’s delusion that his family was plotting to kill him. He was in a psychotic state, Schwartz
concluded, and therefore was not in control of his actions. Schwartz further claimed Defeo was, “neurotic and suffered
from dissociative disorder.” He opined that Butch’s claim of not hearing the gun go off was symptomatic of a disconnect
with reality. The murders were carried out with no conscience, remorse or fear of consequence which is a benchmark
of insanity and his attempt to conceal evidence nothing more than proof of his irrationality.
If he did not hear the gun go off, how then, did DeFeo hear the family dog barking during the shootings as he
testified to? This was no small detail and it was weighed heavily by the jury during deliberations.
Sullivan knew full well these findings would have to be countered as the trial had now reached its critical juncture.
At this point Weber and Schwartz had seized control because of this thoughtful and measured testimony so Sullivan
had to swing the momentum back to the prosecution as quickly as possible. He still felt he had an advantage though
as, unlike himself, Schwartz had spent perhaps a few hours with DeFeo and hadn’t performed the depth of research
Sullivan had. In his account of the trial, Sullivan wrote, “The jurors had been learning about DeFeo and his murders for
almost two months. They had listened to his lies and vituperation for days. Dr. Schwartz had only talked to him for
hours. I would show that the psychiatrist didn’t know the real Butch DeFeo.”
During his examination of the doctor, Weber had been satisfied to ask a couple of cursory questions and then allow
Schwartz to dazzle the jurors with his expertise by delivering a lengthy discourse on the profligacy of the criminal
mind. Because Schwartz’s testimony focused a bit more on academic generalities and a bit less on how they applied
directly to DeFeo, Sullivan wanted to seize on that lack of inquiry and challenge Schwartz on these personal details.
To establish a baseline, he began by inquiring about how familiar Schwartz was with Ronnie DeFeo, hoping to place
an emphasis on his lack of an intimate knowledge of the subject. With that done, he moved on to Schwartz’s depiction
of DeFeo’s actions after the murders.
“Is this not indicative of a person who has gone to very careful lengths to remove evidence of the crime, that would
connect him to that crime, out of that house?” Sullivan asked.
“It’s evidence of somebody who is trying to remove evidence from himself, too, that he has done this,” Schwartz
responded. “We are now speculating as to the motive for the cleaning up. If you are familiar with Lady Mac Beth’s
complaint -- ‘What, will these hands never be clean?’ -- she’s not hiding a murder from anyone, but she can’t live with
the imagined blood on her hands.”
Irritated at the condescending tone to Schwartz’s response, Sullivan fired back at the psychologist in a patronizing
tone of his own. “Doctor, is that your considered psychiatric opinion?”
By now the exchange was getting a bit factious as the doctor was receiving some push-back he was perhaps not
accustomed to. “My considered psychiatric opinion, Counselor, is that he’s not hiding this crime from anybody by
picking up the shells,” Schwartz angrily responded. “The bodies are there. The bullets are in the people.”
Sullivan pressed on. “Everything that he could get that would connect him with the crime, he removed from the
house, didn’t he?”
It was then that his contempt for this line of questioning forced Schwartz into a difficult spot. “What you are talking
about is trivia compared to the six bodies”, said Schwartz.
At this point, Sullivan exploded in outrage, “Trivia that he removed the evidence out of that house that would
connect him to the crime, trivia that has nothing to do with whether he thought that the crime was wrong?”
“The evidence is there in the victims,” was the best Schwartz could muster at that point. All that was left for
Sullivan was to seize on this moment as he began to chip away at the scholarly testimony Schwartz had provided
earlier. It was now time to move on to invalidating Schwartz’s diagnosis of DeFeo.
“So it’s your testimony, as I understand it, Dr. Schwartz, that the fact that it wasn’t too bright to throw everything
in that sewer drain all together in one location is significant of the fact that it was neurotic that he did this?”
Schwartz agreed with that pretext, emphasizing that DeFeo seemed to have no clear purpose to his actions and
was likely acting out a delusion. It was here that Sullivan referred back to notes he had taken during his interview with
DeFeo. He felt a rush of satisfaction, as if the finish line was now in sight.
“Did he tell you about not wanting to leave clues for the police?” asked Sullivan, indicating exactly where in
Schwartz’s notes he had this information recorded.
“I asked him about the casings, and he said he didn’t want to leave the police any clues as to what kind of gun it
had been. He was not a friend of the cops, and he didn’t want to help them.”
“Okay, now you know why he removed the casings, don’t you?” Sullivan asked with an air of contempt.
“I know one of the reasons. There are others,” Schwartz said angrily. But the damage had been done. He had
contradicted his own earlier testimony that Butch was not trying to hide the crime for any reason other than his own
unreasoning behavior.
“I have no further questions,” said Sullivan walking back to his seat.
Now it was time to introduce the prosecution’s expert witness, Dr. Harold Zolan who had twice examined DeFeo in
preparing for his testimony. Sullivan and Zolan had worked out an effective strategy. Zolan would engage in a question
and answer format in which the jury would gain access to Zola’s thought process and follow his progression of thinking
right through his diagnosis. It was hoped the jury would reach that same conclusion after having it all broken down for
them.
Zolan took the opposite view of Dr. Schwartz in that he felt if DeFeo was a victim of anything; it was of an
antisocial personality disorder. He described it as, “. . . people who have a code of their own. People who are grossly
selfish and callous, who are extremely egotistical, who have no capacity to experience or to feel guilt. . . their main in
life is self-gratification. . . and [they are] both passive and aggressive.”
The distinction between antisocial disorders and legitimate mental illness is that those afflicted are fully capable of
differentiating between right and wrong. They are simply compelled by their own overblown sense of self-value and
their extreme arrogance. Butch DeFeo had morphed into a very violent and dangerous individual and taking the life of
his family was a means of displaying how much bigger he was than they. There was no psychosis in Dr. Zolan’s mind.
This was a cold, calculating killer who was responsible for his own actions. Zolan further portrayed DeFeo as a skilled
liar and a “malingerer.”
After a few more witnesses were called, Weber and Sullivan made their closing arguments and on Wednesday,
November 19, 1975, Judge Stark read his instructions to the jury before sending them off to deliberation. Sullivan felt
he had made a solid case for DeFeo’s lifetime incarceration and the general “vibe” in the courtroom seemed to support
that, but he would take nothing for granted as juries sometimes operate under with different mind-set when
sequestered from the actual courtroom.
His uneasiness was well-founded as the jury returned a vote of 10
to 2 to convict. The two dissenters were still not
convinced about DeFeo’s mental state at
the time of the killings. The second vote
was 11-1. The final no vote was
eventually swayed in large part after
reading the testimony of DeFeo being
able to hear the barking dog but not the
gun shots. Shaggy had played a huge
role in the conviction of his former
owner. The jury convicted Ronald DeFeo,
Jr. of six counts of second-degree
murder. On November 21, 1975, He was sentenced to 25 years to life
on all six counts. He showed no reaction when the sentence was read
to him.
He remains incarcerated at the Green Haven Correctional Facility
in Stormville, NY and has been denied parole three times since 1999.
AND THEN THERE ARE THE LINGERING QUESTIONS. . .
This was not a case that was ever going to simply fade from the public conscience. It was too sensational, too
morbid and too full of unanswered questions to simply be a chapter in the annals of crime. Keeping it alive and thriving
perhaps more than anyone was Butch DeFeo himself who after years of incarceration, kept on serving up variations of
his story which only served to whet the public’s appetite to finally learn the the truth as to what happened the morning
of November 13, 1974. The case would also spawn a vast number of books, articles and documentaries devoted to the
DeFeo murders, to say nothing of an even more fantastic tale yet to come. In closing the actual crime aspect of the
story, it is prudent that some of the more serious issues with the story be addressed.
1. WHY DIDN’T ANYONE TRY TO ESCAPE?
As briefly noted earlier, there remains the question of how 6 people could be brutally murdered in their own home
in a systematic manner but yet none fought back, ran or apparently moved from their beds. Various theories have
been put forward with the most often cited being; 1) The family was somehow drugged, effectively immobilizing them
and; 2) A silencer was used. 3) They were shot elsewhere and placed in their beds, face down
In response to the first, Dr. Howard Adelman, the Deputy Chief Medical Examiner of Suffolk County, was
present at the crime scene and personally performed the autopsies of the bodies. “We did extensive toxicology not
only on the blood and urine but on all of the organs that we removed and it turned up zero that there wasn’t anything
in their body”, Adelman explained.
Regarding the use of a silencer, there are stories circulating that claim Ronnie wanted to purchase one for the
rifle, but such a device would have to be custom-made and there is no empirical evidence that had happened. The use
of a silencer was ruled out in large part because a suppressor would likely to have resulted in some type of shrapnel
found at the scene, a conclusion supported by DeFeo’s attorney. “The next theory was, well, he had a silencer on it.
That theory didn’t hold water”, William Weber said. “There would have been fragments of the silencer that would have
been left on the crime scene.”
The basis of the notion that the bodies had been moved and placed in their beds was primarily due to Herman
race’s assertion that certain pieces of photographic evidence were being withheld. He maintained that because the
floor of two rooms were not depicted on any crime scene pictures he saw, it stood to reason that a cover-up was in
place wherein the police did not want to acknowledge the bodies were dragged or carried there and there was unusual
blood smear on the rugs from those acts. The reasons for the subterfuge was that either they did not want to take any
chances that Ronnie DeFeo would not be charged with all six murders, they did not want to besmirch the name of any
deceased family member, or…a combination of both. While DeFeo was not held in high regard by the police and they
were likely quite pleased he was going away, it’s unfathomable that they would ignore any possibility of also arresting
and charging any possible accomplice among his living friends or acquaintances if proof of their complicity existed.
It has been determined by crime scene experts that some members of the family in fact were awakened by
the gunshots, but apparently made little to no effort to escape. According to autopsy and ballistic evaluations, all the
family members had been shot in the position they were found in - face down on their beds. Again, there have been
theories floated that surmise the bodies had been moved, but no solid conclusion supports that claim.
Because of the positions of the bodies, forensic experts have drawn what they feel is a fairly accurate picture
of what happened that night. DeFeo opened his parent’s bedroom door and saw them asleep. Raising the rifle, he fired
the first of 8 total shots, this one entering his father’s back, through his kidney and exiting his chest. Ronnie fired one
more round into his father, piercing his spine and becoming lodged in his neck.
His mother had woken and began to move on her side of the bed, but within seconds, Ronnie fired two more shots
into her body, shattering her rib cage and collapsing her right lung. At this point, it appears that no other family
members moved from their rooms.
He moved on to his brother’s room where he stood over them firing one shot each into their prone bodies. The
bullets penetrated the heart, lungs, diaphragm and liver of each victim. John’s spinal cord was severed by the bullet.
Next he entered Allison’s room. Based on the position of her body, it is surmised she looked up at him just as
he lowered the rifle to her face and fired, killing her instantly. The bullet exited the body, hit the wall and came to rest
on the floor.
He concluded the carnage in Dawn’s room where he aimed the weapon at her head and literally blew the left side
of her face off. Ronnie testified that Dawn got up and was told to return to bed at which point DeFeo shot and killed
her. (Because of the constant discrepancies and changes in his story, this cannot be taken at anything but face value.)
2. NO ONE OUTSIDE THE HOUSE HEARD THE SHOTS
A ballistics exam on the murder weapon determined that it was possible to hear it fired from almost a mile (or 5
blocks) away and on the surface it seems incomprehensible that no neighbors reported hearing it fired that night.
While it might seem reasonable that none were awakened by a solitary gun shot, bear in mind 8 shots total were fired
at a decibel level of 140 each and this all took place in anything but a home isolated from neighboring properties.
The answers are myriad (if not totally satisfactory) so here are some theories about the lack of “earwitness”
testimony.
A.) Neighbors hearing the shots, but thinking it might have been Ronnie “playing with his guns again” or early
morning hunters who were known to frequent that area.
B.) A car backfiring.
C.) Not wanting to get involved because of the family’s assumed mob ties.
D.) Simply sleeping through the noise.
E.) The windows being closed on a brisk November night and muffling the sound.