You think the old man should have shot through the door on this guy?
Convicted killer pleads for life in stomping death of war vet, 91
By Tonya Alanez
Staff Writer
Posted December 27 2005, 9:04 PM EST
Gabby Tennis told a Broward judge Tuesday that he doesn't want to die.
In a reversal from one month ago when Tennis pleaded with a jury to sentence him to death for the slaying of a 91-year-old disabled war veteran, Tennis asked Broward Circuit Judge Susan Lebow to disregard those words.
"Please don't kill me," Tennis said to Lebow. "I don't want to die. I want to live."
Tennis, 21, was convicted of first-degree murder in September for the stomping death of Albert Vessella, of Hollywood, during a home invasion robbery in June 2003. Tennis and his ex-girlfriend, Sophia Adams, 19, who pleaded guilty to her role in the killing, went to Vessella's house to steal money to pay a dowry demanded by Adams' mother, Liza Boltos.
Tennis told jurors he would rather die than spend his life in prison for a crime he says he didn't commit. Jurors, after an hour of deliberation, returned an 8-to-4 recommendation that Tennis be executed.
"I don't know what I was thinking by coming up and telling those people to kill me," Tennis said, explaining that he had come to his senses since resuming his psychotropic medications. "Please, your honor, disregard those words. Please have mercy on me, please spare my life."
Vessella, a former Crime Watch president, was left with a broken neck and ribs and the imprints of Tennis' sneakers on his body, prosecutor Howard Scheinberg said.
The defense used Tuesday's hearing to try to persuade Lebow to veto the jury's recommendation to put Tennis to death.
As the start of the hearing neared, Tennis, dressed in a white undershirt and a black and gray jail-issued jumpsuit, seemed to grow increasingly agitated, admonishing his relatives in the courtroom and taunting and cursing the prosecutor.
Alternating between Romanian and English, he urged his family to leave: "Just go home, go ahead. God bless you guys, go on. Please."
Defense attorney Patrick Rastatter told Lebow he had trouble convincing Tennis' family to speak at the hearing.
Rastatter said he wanted Tennis' 17-year-old sister, Savannah, to describe their upbringing in the Gypsy culture, but she declined, saying she was worried she might say something to get their father, Leo Tennis, in trouble.
"As we sit here, I have no family members to offer to you except Leo Tennis," Rastatter said.
Gabby Tennis said his father was reluctant to speak because he felt that the prosecutor had tricked him into testifying against his son during the trial and feared being tricked again.
Standing at a lectern in the middle of the courtroom, Leo Tennis told the judge he tried to teach his son to respect others.
Tennis said he believed his son when he told him he wasn't guilty of the crime, and that's why he talked him out of taking a plea offer that would have spared his life.
Nearing tears, the father complained that the judge had denied their repeated requests for a new attorney.
"He's against us," Leo Tennis said, pointing at Rastatter. "They're killing me, they're killing my son for no reason. Where is the law? Where is the justice? This should have never happened. This should not have gone this far."
Rastatter gave Lebow a memorandum in support of life imprisonment. Scheinberg has 30 days to submit a written response. Lebow will set a sentencing date after that.
"Why should my son die for something he didn't do?" Gabby Tennis' stepmother, Mona Tennis, asked in the hallway after the hearing.
She said her son was so in love with Sophia Adams that he let her and her mother lead him in the wrong direction. Adams' mother, Boltos, sometimes cleaned house for Vessella.
"He had no criminal background," she said. "They've been doing this with the elderly for a long time."
Boltos, 46, is facing a felony charge in Miami-Dade County for exploiting the elderly in excess of $200,000.
Tennis still faces an open case regarding a home invasion robbery of an elderly woman in Miramar, committed two weeks before Vessella's death.