The Nancy Kissel Case - Part 35

(The Standard)  Drugs cocktail and baseball bat thicken Kissel plot.  By Albert Wong.  August 1, 2005.

Last week, the High Court heard about the unusual cocktail of drugs found in the stomach of murdered banker Robert Kissel; how the effects on a neighbor who had been served a milkshake at the Kissel residence was ''in line'' with the effects of those drugs, and was shown a new defense exhibit - a baseball bat.

Friday, senior government counsel Polly Wan read out the deposition of Bryna O'Shea, the deceased's "confidante,'' that told a tale of sex, lies, love and betrayal as O'Shea recounted how what was viewed as "the best marriage in the universe'' ended with Nancy Kissel being charged with the murder of her husband.

Kissel, 41, is accused of serving her husband a milkshake laced with sedatives, which left the banker unconscious at the foot of their bed as she beat him to death with a heavy metal ornament on November 2, 2003. The accused told a doctor and the police her drunken husband had assaulted her after she refused him sex and then disappeared. She denies the charge and is out on bail. The banker's body was found wrapped in a carpet in a storeroom in the Parkview residential complex on November 7.

O'Shea said in her deposition that she felt the accused, whom she treated like a sister from the time they met in 1987, had become "distant'' by 2002. After Robert Kissel began a daily correspondence with O'Shea in April, 2003, she learned of the couple's marital problems and that the deceased "felt she was constantly lying to him.''  In September, Robert Kissel wrote an e-mail to O'Shea asking "do you think she's trying to kill me?'' Thinking it was a joke, she said, "If she's trying to kill you, put me in your will.''

O'Shea described the months leading up to the murder as an emotional rollercoaster for Robert as his hopes for rekindling a lost love were dashed when he discovered an alternative cellphone Nancy Kissel used to keep in contact with an alleged lover in the United States, Michael Del Priore. "He was very frustrated and felt she was constantly lying to him,'' said O'Shea.  He then began proceedings for divorce. O'Shea thought Nancy must have known about the divorce talks since an angry Robert Kissel had e-mailed O'Shea about a mistake which led to the divorce papers being faxed to the home number rather than the office.

O'Shea knew that the deceased had planned to discuss divorce on Sunday night, November 2, 2003, the night he was allegedly murdered. O'Shea had written an e-mail wishing him luck.  When O'Shea did not receive any correspondence the next week, she made inquiries, speaking to Robert Kissel's colleague at Merill Lynch, David Noh, and the family's domestic helper on the phone. The accused left a message on her phone saying, "We had a fight, he chased me around the room. He wanted to have sex. He beat me up.''  But O'Shea thought "it just didn't sound right. It sounded made up.''

She said in the deposition that she had never known the deceased to be violent, although she did remember the accused mentioning an occasion when the deceased had "slammed her against the wall'' but O'Shea was convinced Robert Kissel had never hit her.

Last Monday, a government expert in drug analysis, Dr Cheng Kok-choi, testified that he had never seen in 10 years as a toxicologist such a combination of drugs left behind in the stomach of a corpse. "Not even in suicide cases involving multiple drugs,'' Cheng said.  He added that he found the alcohol levels to be "insignificantly low.''

An alternative report by Professor Olaf Drummer was read out Tuesday that criticized Cheng's methods as being insufficient to show the quantity of the drugs, and how the drugs got there.  Cheng said that in general, Drummer's analysis was correct, and without knowing the quantity of the drugs there was no way to determine their effect on the deceased prior to his death.  But he said the combination of five sedatives and hypnotics would have had an enhanced effect.

On Wednesday, Professor Yeung Hok-keung from Chinese University told the court the drowsiness, slurred speech, and failure to recall events after Parkview resident Andrew Tanzer was served a milkshake at the Kissel residence and was stricken were "consistent of the drugs found in the stomach contents of the deceased.''

Yeung had been in court in June to hear Tanzer testify that there had been a "strange taste'' in the milkshake. Yeung said Wednesday the drugs would have dissolved in the milkshake and that the chemicals would have left a "strange, bitter taste.'' Thursday, the defense team displayed to the jury a baseball bat, as a prologue to the upcoming exposition of the events leading up to the death of Robert Kissel, as seen through the eyes of Nancy.

Previously, the defense has suggested through cross-examination of prosecution witnesses that the accused had used the metal ornament, the alleged murder weapon, to defend herself from an attack and the bruises found on the back of the accused's upper limbs and the curvature of a metal base were inflicted by a baseball bat.

The case continues today.


(Reuters via Boston Globe)  Wife of murdered banker says he abused her for yrs.  August 1, 2005.

An American woman accused of poisoning and clubbing her banker husband Robert Kissel to death in Hong Kong said on Monday that he had snorted cocaine and subjected her to violent physical and sexual abuse for years.

Speaking for the first time since the trial began in early June, Nancy Kissel broke down and wept as she told the High Court of how their marriage fell apart under the influence of her husband's alcoholism, drug addiction and ultra-stressful job.  However, the wife of the high-flying Merrill Lynch banker never told family or friends about their marital problems.  "You just don't (tell). It's humiliating, no," she said.

Nancy, 41, is accused of having fed her husband a glass of strawberry milkshake laced with anti-depressants and hypnotic drugs on Nov. 2, 2003, before clubbing him to death that night, charges which she has denied.  Wealthy, successful and popular, they were seen for years as a model couple and Kissel's murder and his wife's arrest shocked Hong Kong's expatriate community.

Choking on her tears, Nancy told the court how Robert's cocaine habit started in 1989, a time when she juggled with three jobs to support him through postgraduate school.  He changed, becoming impatient and rough when he became a banker and his highly stressful job quickly took its toll.

"When we arrived in Hong Kong (in 1998), our marriage changed. He was starting up new businesses. He was never really home and it took its toll when he got home. He became rougher with me," she said, adding that he would drink throughout the night.

He hit her the first time in 1999 when she refused to induce labor for the delivery of their third child. He wanted the baby born earlier as he would otherwise be in South Korea for work.  "He took a punch at me. I hit the wall and it happened again. He hit me ... and I was 7- months pregnant," she said.  "To induce labor was nothing to him ... He said I was disrespecting him and how hard he worked."

She also related how he became rough with her and coerced her into sex for years after the birth of their third child in 1999.  "After Reis was born, his personality changed so much. It was a routine of coming home, drinking and sex ... it made me non-existent," she said, adding that he broke her ribs on two occasions when she tried to stop him.  I broke my ribs on this and after that I gave in more to it, and more ... and that's it. Then go to sleep and it's over."

The prosecution said earlier that Robert had planned to tell his wife on the night of Nov. 2, 2003, that he was divorcing her after discovering she was having an affair with a TV repairman in the United States and fearing that she was plotting to harm him.

Kissel had become suspicious of Nancy after installing spy software on their home laptop. Using the software, Kissel traced his wife's email correspondence with her lover. He found she had searched the Internet using key words such as "drug overdose."

Police found Kissel's body on Nov. 6, 2003, in a storeroom that the couple rented in the luxury residential estate where they lived with their three children. Prosecutors said Nancy wrapped Kissel's body in a rug and then asked four workmen on the estate to take it to the storeroom.

Her lawyer earlier told the court that on the night of Nov. 2 her husband demanded sex, and when she refused, he beat her and then left -- the last time she saw him alive. The defense has offered no explanation for why his body was found in a carpet.

The trial is expected to last until late August.


(The Standard)  Insight into troubled marriage 'crosses the line' .  By Albert Wong.  August 2, 2005.

In the words of Justice Michael Lunn Monday, the Nancy Kissel murder trial ''crossed the line'' to provide an insight into the couple's marriage, the deceased's success and the years leading to his eventual death.

The victim's father, William Kissel, and younger sister, Jane Clayton, who testified at the beginning of the trial as a prosecution witness, were both present, sitting directly behind the accused.

In an almost full courtroom, Nancy Kissel, in a simple black outfit similar to what she has been wearing throughout the trial, was sworn in. Her mother has been present throughout the trial.

For both families, the tales of drugs, alcohol, violence and sodomy have proved hard to stomach.

Quivering and taking deep breaths between forcing out each phrase, the accused said: "I don't know how to talk about these things,'' but she was invited by her counsel, Alexander King, SC, to describe in detail a history of alleged violence and sodomy.

Both William Kissel and Clayton, shook their heads intermittently and took notes, and when the accused began recounting her husband's alleged developing interest in sodomy, Clayton left the court room, without returning.

An examination of photographs the accused had taken of children, including her own, from Hong Kong International School, and the remembrance of support she received from friends of the school when she struggled to set up home in a new land resulted in tears.

The accused told the court the teachers and parents became a support network when she first arrived in the territory. Almost immediately on arrival in Hong Kong, a place she had no connections with, in 1998, she became the "school photographer,'' helping to revamp the school calendar with photographs of children laughing in work and play around the school. Shortly after, she became vice-president of the board of volunteer parents.

She became a "school ambassador,'' providing an introduction to new parents in Hong Kong, helping with "all the stuff that's not in the Goldman Sachs handbook,'' she said.

As chairwoman of the school fair, she worked 40 hours a week, and sometimes 60 closer to the event.

But her husband had a different attitude. "He thought it was too many hours away from home,'' said the accused. She said her husband asked her to give up the official school positions.

"I needed to focus on being his wife and being at home for him,'' she said. "The fact I wasn't getting paid for any of this bothered him tremendously, but payment wasn't why I did it.''

The victim began to "condense'' her spending, she said, cutting her credit cards from five to one.

"He wanted a better control over what I was spending. It's easier to look at one statement than five,'' she said.

Her decorating duties for their lavish home in Vermont became subject to methodical financial scrutiny, she said. When she was able to make the required cuts in that budget, her husband gave her an extra US$300,000 (HK$2.3 million) almost "as a reward,'' she said.


(The Standard)  Kissel portrays life of hell.  By Albert Wong.  August 2, 2005.

In the most dramatic day in the Kissel murder trial, accused murderer Nancy Kissel took the stand to call her dead husband power-crazed, drug-dependent, sexually abusive and violent.

The accused told the court Monday that a combination of cocaine, alcohol, stress, power, money and a relentless push for success, led banker Robert Kissel to develop a nightly routine of aggressive sodomy, hair-pulling and humiliating sex games.

She alleged her husband hit her the first time in 1999 when she refused to induce labor for the delivery of their third child. He wanted the baby born earlier as he would otherwise be in South Korea for work.

The accused began her testimony by painting a picture of Kissel as violent and controlling - a stark contrast to the family man and model professional previously described by his former Merrill Lynch colleagues.

She said Kissel developed an insistence that she engage in sodomy after putting on weight during her first pregnancy. She came to believe she was no longer attractive to him.

An already difficult situation took a turn for the worse, she said, when the family moved to Hong Kong. "The hours [of Kissel's stressful but successful job] took their toll,'' she said.

Sex became a routine of "oral sex for him and anal sex for me,'' said the accused, adding the banker began to indulge himself in power games with her. "He'd start this game, toying with me, and he would say things to me, so that we would do what he wanted.''

She would find herself trapped between his legs as he pulled her hair and tried to force her to perfom sex acts, she said. That was just the start.

"He would throw me on to the bed to finish. It would always be a struggle,'' she said.

He would force her to lie on her stomach, she said, so he could do as he pleased. "[Once] he tried flipping me over. I didn't want it. He grabbed me by the hips, just twisting. I felt something pop,'' said Kissel, adding she later went to the hospital with a fractured rib.

"[During the act] he was just so angry. It was like I wasn't even there. It was just something he did. He never even had to look at my face.''

Afterwards, she said, "That's it. Everybody goes to sleep. And it's over.'' The next morning, "Everything's normal.'' When asked why she did not tell anybody, Kissel replied, "You just don't. You just don't. It's humiliating.''

Kissel, 41, is accused of serving her husband a pink milkshake, which left him unconscious at the foot of their bed as she bludgeoned him to death with a heavy metal ornament on November 2, 2003.

She told police and doctors at the time her husband assaulted her when she refused him sex. She denies the charges and is out on bail.

On Monday, the accused testified about her time in New York City juggling three jobs waiting on tables, to pay for food, rent and Robert Kissel's MBA studies.

The couple's early married life in New York was "exciting,'' she said, but arguments were already developing because of her husband's use of cocaine. As a hard-working student, he relied upon cocaine, "to get through the hours,'' she said. Her husband had a drug-dealing friend who would come round to their apartment and "money would exchange'' across the dining table.

"I had tons of arguments about it and I was working three jobs to pay [for] tuition, not drugs,'' she said.

At the time, the victim was a social drinker, taking wine, beer, and vodka tonics, but "eventually, he came to love single malt scotch. It became his drink,'' she said.

In 1997, Robert Kissel was delighted when he landed a job at Goldman Sachs.

"It was the biggest firm in the industry, everyone wanted to work with Goldman Sachs,'' the accused told the court. "[It gave him a higher position] and a lot of money.''

But the new job, and preparations for the move to Hong Kong the following year, demonstrated the accumulated nightmare of stress, alcohol and cocaine, which the banker relied upon to stay awake as he worked both US and Hong Kong stock markets.

"It's literally 24 hours of having to be awake,'' said the accused.

On the flight to Hong Kong from New York, "he passed out for 15, 20 minutes, probably from drugs, alcohol, altitude and jet-lag,'' she said. After that incident, instead of shying away from the stress, "he thrived on it.

"It's what made him tick - the power of it all, succeeding.''

Asked why her husband switched from Goldman Sachs to Merrill Lynch in 2000, Kissel replied, "Money.'' It was also a "move to a more controlling position.'' By then, "everything was based around money,'' said Kissel.

In Hong Kong, the drinking and cocaine use continued, she said, with the consumption determined by how long her husband worked at night.

Kissel will continue her testimony today before Justice Michael Lunn.


(SCMP)  Kissel tells of physical, sexual abuse.  By Polly Hui.  August 2, 2005.

Nancy Kissel had to endure night after night of sexual and physical assault from her husband as cocaine, whisky, power and money changed him, the Court of First Instance heard yesterday.

The 41-year-old, giving evidence on the first day of the defence case, said in tears that Robert Peter Kissel, a top Merrill Lynch banker, had developed a routine of "going home, drinking and sex" after she had their youngest child, Reis, in 1999.

Kissel said the first time Robert hit her was when he realised the expected birth date of Reis would overlap with an important business trip to Korea. He had told her to try to induce labour and was angry she was not listening to him. "The first time he punched at me, he hit the wall because I dodged. When it happened again [for] the same argument the following week, he hit me [on] my face," she said.

Kissel said the first punch was so hard it broke through the cement and plaster of the wall. She knew the deceased had broken his hand the next day when he came home with a cast on his hand.

Alexander King SC, for the defence, asked if she recalled evidence from Dr Daniel Wu of Adventist Hospital, who told the court he had treated the deceased's "boxer's fracture" on his right little finger around August 1999. "It was that night," she replied.

Kissel is accused of bludgeoning her husband to death in their Parkview flat on November 2, 2003, after giving him a sedative-laced milk- shake. She has pleaded not guilty to a count of murder.

Kissel, from the American state of Minnesota, married her husband in 1989. They lived in New York, where she took several jobs in restaurants to finance Robert's master's degree studies in finance at New York University.

Kissel said she knew her husband was dependent on cocaine for his work and studies when they got married, as she had seen a Manhattan dealer at their flat several times to trade the drug. "I watched him use it ... I was working for three jobs to pay for his tuition, not drugs. There was nothing I could do about it," she said, adding that he would turn trivial matters such as not having enough orange juice in the fridge into a huge argument.

Her husband's cocaine consumption continued as he climbed the ladder in the banking world on arrival in Hong Kong in 1997. Kissel said he had to watch the stock markets at "opposite ends of the globe".

"When the Hong Kong market closed, the New York market opened ... [It is] literally 24 hours of having to be awake," she said. "The drugs got him rougher with kids. He became a different person."

She said that once he passed out for about 20 minutes on a plane because of the combined effects of drugs, alcohol and jet lag. He had become increasingly dependent on painkillers and sleeping pills because of work pressures and back pain and drank glasses of scotch daily before and after dinner.

Kissel said that after Reis was born, her husband became much more forceful with her during sex. "It was predominantly oral sex for him and anal sex," she said.

Asked by Mr King to describe how that would come about, Kissel said she would find her husband sitting at the end of their bed with the television on whenever he was home at night. He would not let her walk past him to her side of the bed. "He would start those games ... having me between his legs, toying with me. He would say those things to me so he could do anything he wanted," she said. "He was just so angry ... It was like I wasn't even there ... He never had a look at my face."

"Were you agreeable to that?" asked Mr King. "No," Kissel replied. She said she often had bruises and bleeding from the anal sex forced upon her.

Kissel told of two occasions when her ribs were fractured after Robert tried to twist and flip her over on the bed for anal sex. When it happened the first time in 2001, she sought treatment at Adventist Hospital and was given a Velcro brace to wear around her stomach. "A couple of weeks later, he ripped the brace off and I ended up getting into hospital again," she said.

Asked about how he treated his work, she said: "He thrived on it, it was what made him tick, the business, the power of it all ... when you rise from that structure, from down below - he was very successful."

The case continues today.


(Leading The Charge)  Wife of murdered banker says he abused her for yrs.  August 2, 2005.

An American woman accused ofpoisoning and clubbing her banker husband Robert Kissel todeath in Hong Kong said on Monday that he had snorted cocaineand subjected her to violent physical and sexual abuse foryears.

Speaking for the first time since the trial began in early June, Nancy Kissel broke down and wept as she told the High Court of how their marriage fell apart under the influence ofher husband‘s alcoholism, drug addiction and ultra-stressful job.

However, the wife of the high-flying Merrill Lynch banker never told family or friends about their marital problems.

Nancy, 41, is accused of having fed her husband a glass ofstrawberry milkshake laced with anti-depressants and hypnotic drugs on Nov. 2, 2003, before clubbing him to death that night,charges which she has denied.

Wealthy, successful and popular, they were seen for years as a model couple and Kissel‘s murder and his wife‘s arrestshocked Hong Kong‘s expatriate community.

Choking on her tears, Nancy told the court how Robert‘s cocaine habit started in 1989, a time when she juggled with three jobs to support him through postgraduate school.

He changed, becoming impatient and rough when he became a banker and his highly stressful job quickly took its toll.

"When we arrived in Hong Kong (in 1998), our marriage changed. He was starting up new businesses. He was never really home and it took its toll when he got home. He became rougher with me," she said, adding that he would drink throughout thenight.

He hit her the first time in 1999 when she refused to induce labor for the delivery of their third child. He wanted the baby born earlier as he would otherwise be in South Korea for work.

"He took a punch at me. I hit the wall and it happened again. He hit me ... and I was 7- months pregnant," shesaid.

"To induce labor was nothing to him ... He said I was disrespecting him and how hard he worked."

She also related how he became rough with her and coerced her into sex for years after the birth of their third child in1999.

"After Reis was born, his personality changed so much. It was a routine of coming home, drinking and sex ... it made me non-existent," she said, adding that he broke her ribs on two occasions when she tried to stop him.

"I broke my ribs on this and after that I gave in more to it, and more ... and that‘s it. Then go to sleep and it‘s over."

The prosecution said earlier that Robert had planned totell his wife on the night of Nov. 2, 2003, that he was divorcing her after discovering she was having an affair with a TV repairman in the United States and fearing that she wasplotting to harm him.

Kissel had become suspicious of Nancy after installing spy software on their home laptop. Using the software, Kissel traced his wife‘s email correspondence with her lover. He found she had searched the Internet using key words such as "drug overdose."

Police found Kissel‘s body on Nov. 6, 2003, in a storeroom that the couple rented in the luxury residential estate where they lived with their three children. Prosecutors said Nancy wrapped Kissel‘s body in a rug and then asked four workmen on the estate to take it to the storeroom.

Her lawyer earlier told the court that on the night of Nov.2 her husband demanded sex, and when she refused, he beat her and then left -- the last time she saw him alive. The defense has offered no explanation for why his body was found in a carpet.

The trial is expected to last until late August.


From the Chinese-language media: