MICHZACH, MARVEN, MAVEN, MEGAN and MORGAN DAMAS (and Mother) - 9 yo to 11 months (2009)/ Charged: Father; Mesac Damas - North Naples FL

The father of a man sought by Collier authorities in the slaying of his
wife and five children in North Naples told the Naples Daily News this
morning that his son is now in Haiti.

When reached at his East Naples home Sunday morning, Jean Damas Sr.,
the father of Mesac Damas, confirmed that the children killed were his
grandchildren and his daughter-in-law.

In an emotional, brief interview that ended at the request of other relatives, Jean Damas Sr. said his son is in Haiti now.

When asked why he believes that, he said: “He (Mesac Damas) called his brother from there.”

Before the brief interview ended, Jean Damas Sr. didn’t specify when that call was made.

Earlier in the interview, Jean Damas Sr. said his family is in pain.

When asked if he thought his son may have killed his family members, he paused and said, “yes, yes, I do.”

He said his son and his wife have had domestic problems.

“Since then, the wife no have any respect … no respect,’’ he said in broken English.

“No listen ... He think his wife has somebody else ... Jealousy,’’ he said in broken English.

Jean Damas Sr. said he hasn’t talked to Mesac Damas since Tuesday
morning when Mesac Damas dropped the children off at the grandparents’
house in East Naples, in the Naples Manor area.

Collier deputies have asked for the public’s help in finding Mesac
Damas, 33, after the five children and a woman were found slain inside
a North Naples apartment complex Saturday night .

Detectives found Mesac Damas’ wife and five young children dead
inside their residence at 864 Hampton Circle around 6:30 p.m. Saturday,
according to Collier County sheriff’s officials.

The Sheriff’s Office said details will be released as they become
available and a press conference is planned later this morning to
update the public on the case.

Records on the Collier County Clerk of Courts Web site show Damas
has prior charges for domestic violence in June 2005 involving his
wife, Guerline Dieu, and children -- Mesack Obo Damas, Maven and Marven.

Damas also brought charges against Dieu for domestic violence, the
Web site records show, but the November 2006 case never moved forward
because he failed to appear in court.

Some of the children were students at Osceola Elementary School, neighbors said.

Authorities said Sunday that Mesac Damas, the husband and person of
interest in the slaying of his wife and five young children in North
Naples, has flown to Haiti.

Collier County Sheriff's Office investigators say they think Damas left Miami International Airport
for Haiti at about 10 a.m. Friday. His wife, Guerline Damas, and five
children, Michzach, 9, Marven, 6, Maven, 5, Megan, 3 and 11-month-old
Morgan were found dead in their home at 864 Hampton Circle Saturday
night.

During a news briefing Sunday morning, Sheriff Kevin J. Rambosk called the homicides "the worst of the worst."

"In no uncertain terms this is the most horrific and violent event this community has ever experienced,'' Rambosk said.

Family members contacted the sheriff's office Thursday saying they
hadn't heard from the mother. A missing person report was filed the
next day. On Saturday, the sheriff's office entered the home in a gated
community found the bodies, Sheriff's Office spokeswoman Michelle
Batten said.

Investigators said they think Damas left Miller's Ale House in Naples,
where he works as a cook, shortly before 9 p.m. on Thursday. At about 7
a.m. Friday, he arrived at Miami International Airport and boarded a
flight to Haiti. Damas' GMC Yukon Denali was recovered at the airport.

"We are engaged in contact with authorities [in Haiti]," Batten said.

The Naples Daily News
reported this morning that Damas' father said his son was now in Haiti.
When asked whether he thought his son may have killed his family, Jean
Damas Sr. said yes, and cited jealousy as the reason, the Daily News reported.

Collier County court records show Mesac Damas has prior charges for
domestic violence against his wife. A 2005 charge was dismissed after a
hearing.

Anyone with information on Damas' whereabouts is asked to call the
Collier County Sheriff's Office at 252-9300. Callers can remain
anonymous and be eligible for a reward by contacting Crime Stoppers at
1-800-780-TIPS.

The Collier County sheriff says what his deputies found behind the
walls of a North Naples home is one of the most horrific scenes in the
community’s history. “Unfortunately every homicide is tragic.
However, this is the worst of the worst,” according to Collier county
Sheriff Kevin Rambosk. 32-year-old Guerline Damas and her five
children were found dead inside their home. The oldest child was nine
and the youngest just 11 months old. Detectives discovered the gruesome scene Saturday evening. Investigators
are now looking for the children’s father and Damas’ husband,
33-year-old Mesac Damas. They are calling him a person of interest in
the case. They now believe he’s already left the country and
arrived in Haiti where he has relatives. Authorities found his car at
Miami International Airport on Saturday. Officials say the couple has been married just two years but have been together for about ten. Over the past decade, they say they’ve responded to their houses numerous times for domestic disturbances. Family
members filed a missing persons report Saturday morning after Guerline
didn’t show up for work Friday at a Publix in Naples. The children hadn’t shown up at school Friday either. Authorities
in both Collier and Broward Counties are now combing Damas’ car and
home for evidence, trying to put together the pieces of this gruesome
tragedy. Detectives say at this point they’re not calling Damas a suspect, simply a person of interest. Police
say there is a substantial amount of evidence in the home where the
family lived and authorities say it could take days, even weeks to
gather all the evidence they need to prove who killed all six people.

Here is a timeline of events leading up to finding six people dead in a townhouse in North Naples.

■ Wednesday evening — Mesac and Guerline Damas attend an anger management class together.

■ Thursday 8:20 a.m. — All three Damas boys, Michzach, Marven and Maven, are present at Osceola Elementary School.

■ Thursday shortly before 9 p.m. — Mesac Damas leaves his job at Miller’s Ale House in Naples.

■ Friday 7 a.m. — Mesac Damas arrives at Miami International Airport.

■ Friday 8:20 a.m. — Michzach, Marven and Maven Damas are logged as
absent from Osceola Elementary School; an automated message informing
their parents is sent to their home later that day.

■ Friday daytime — Guerline Damas fails to report to work at Publix
at the corner of Vanderbilt Beach Road and Airport-Pulling Road. Store
employees reach her husband, who says she is sick and on the way to the
hospital.

■ Friday just before 10 a.m. — Mesac Damas boards a flight to Haiti.

■ Friday 6 p.m. — Police conduct a welfare check at Guerline Damas’
home at 864 Hampton Circle in North Naples. They knock on the door and
look for signs of trouble outside.

■ Saturday 12 p.m. — A missing person’s report is filed.

■ Saturday 6:30 p.m. — Collier County Sheriff’s deputies contact a
relative with a key, enter the home and discover the bodies of Guerline
Damas and her five children.

■ Saturday night/Sunday morning — Mesac Damas’ GMC Yukon Denali is located at Miami International Airport.

Haitian authorities have detained 33-year-old Mesac Damas of
Naples. He's wanted for questioning in the brutal murders of his wife
and five children.Collier County Sheriff Kevin Rambosk calls it the “most horrific and violent event” in county history.“This is the worst of the worst,” Rambosk said.Deputies
discovered the bodies of Damas’ five young children and wife, Guerline
Damas, 32, in multiple rooms at the family’s North Naples home Saturday
night. Guerline Damas’ brother, Forends Dieu, said he was told the
victims’ throats were cut.The children were named as Michzach, 9; Marven, 6; Maven, 5; Megan, 3; and Morgan, 11 months.Damas,
considered a “person of interest” in the case, had been traced to
Haiti, and his vehicle was recovered in the parking lot at Miami
International Airport. Investigators in Haiti were searching for Damas
on behalf of the Sheriff’s Office, Rambosk said.Family and friends, meanwhile, remain to cope with the enormity of the loss.“It’s
very tough to figure out how we’re going to bury six family members all
at once,” Forends Dieu, 37, older brother of victim Guerline Damas,
said on Sunday.Details of the slayings, as well as the stormy relationship between Mesac and Guerline Damas, emerged Sunday.Rambosk,
in a press conference, said the crime scene stretched across multiple
rooms. Without giving details, he suggested the brutality of the
killings.“In no uncertain terms, this is the most horrific and violent event this community has ever experienced,” he said.Deputies’
attention was first drawn to the house Friday evening, after Guerline
Damas’ sister called the Sheriff’s Office to say she hadn’t heard from
her sister in the past day.A deputy conducted a welfare check at
the family’s townhouse, at 864 Hampton Cir. After scanning the outside
of the home and finding no signs of forced entry, and after a failed
effort to reach someone at the door, the deputy departed.The
sister filed a missing person’s report at noon the next day. When
officers obtained a key and entered the home Saturday evening, they
found the bodies.Guerline Damas worked at a nearby Publix
grocery store. Her husband is employed at Miller’s Ale House, where he
was last seen at 9 p.m. on Thursday. Detectives said he arrived at
Miami International Airport at 7 a.m. on Friday, and they believe he
caught a flight to Haiti shortly before 10 a.m.The three school-aged children were absent from classes at Osceola Elementary School on Friday.Friends,
family and acquaintances all described the relationship between the
Damases as troubled, if not regularly abusive. Court documents suggest
the same.Mesac Damas was arrested in January on a battery
charge, in which he was accused of striking his wife, forcing her to
drop the youngest child.He was involved in three other domestic
violence cases since 2005, one in which he was accused and two in which
he accused Guerline Damas. Of the latter, a judge dismissed one and
declined to issue a protective order for the other.In the 2005
case against Damas, a judge issued Guerline Damas a protective order,
but the young mother requested it be lifted days later.Detective
Chris Roberts of the Collier County Sheriff’s Office said deputies had
also been called to the home “a handful” of times, with no charges
pressed.Mackindy Dieu, 24, Guerline Damas’ brother, said his sister wanted a divorce.“They was always getting in arguments but he was a loose cannon,” Mackindy Dieu said. “You never knew what he was doing next.”Dieu said the kids were “happy-go-lucky” but affected by their father’s abuse.“When I would go over there, they would say ‘Uncle uncle, daddy hit mommy,’” Dieu said.Marie
Aimee, a friend of Guerline Damas, said she warned the young mother
that her husband’s abusive ways could end in her death.Likewise,
Pierre Merone the senior pastor of First Haitian Baptist Mission of
Naples, where the family attended months ago, said Guerline Damas had
spoken to him about the abusive relationship.In an undated
posting on his Facebook page, Mesac Damas suggested he had changed his
ways — “NO MORE OTHER WOMEN” he wrote in capital letters, adding “AS
FOR ME IN MY HOUSE WE WILL SERVE THE LORD.”Mesac Damas’ father,
Jean Damas Sr., reached Sunday, said he believes his son committed the
crime. He described Guerline Damas as disrespectful to her husband.The couple had been together ten years, investigators said, but only married in 2007, after the birth of their fourth child.Mesac
Damas was only being sought for questioning, officers said Sunday, and
detectives are not ruling out various scenarios for the deaths or the
possible involvement of more than one person.If Damas is charged
with a crime, he will need to be extradited from Haiti, a process that
will require the Sheriff’s Office work with federal agencies. Countries
can only extradite to the United States based on established treaties.
The United States has an extradition treaty with the country dating to
1904, but no official procedure is in place, according to the Web site
for the Organization of American States.

Authorities in southwest Florida have charged a man with six counts of first-degree murder in the deaths of his wife and five children.

The Collier County Sheriff's Office said Tuesday that Mesac Damas has been ordered held without bond until his return from Haiti.

The 33-year-old boarded a flight from Miami International Airport to the Caribbean nation on Friday. The following evening, deputies found wife Guerline Damas and their five children slain in a Naples town house.

Mesac Damas told The Associated Press that he had planned to surrender and that he returned to Haiti to say goodbye to his family. The sheriff's office says their information does not support that statement.

Florida investigators were traveling to Haiti on Tuesday to interview Damas.

A southwest Florida man has been charged with six counts of
first-degree murder in the slayings of his wife and five children,
authorities said.


Mesac Damas was in custody at the Collier County Jail in Naples
after he was released by authorities in Haiti, police said. No
information on a court date was available.


As Damas was being led out of jail in Haiti, he told a reporter from the Naples Daily News that he killed his family.


"I am going to be buried next to my family," Damas said as he was being led out of jail in Haiti. "Yes, I killed them."


On Monday, he told the AP that he had planned to surrender and
returned to say goodbye to his family, but did not respond when asked
if he killed his wife.


The 33-year-old boarded a flight from Miami International Airport
to Haiti on Friday. The following evening, deputies found his wife,
32-year-old Guerline Damas, and their five children, ages 11 months to
9 years, slain in a Naples town house.


Mesac Damas was captured by police outside a hotel in
Port-au-Prince, Haiti's capital, and the Florida sheriff's office said
its information does not support Damas' contention that he intended to
surrender.


"He missed an awful lot of opportunities to turn himself in,"
Collier County Capt. Chris Roberts said at a press conference in Naples
on Tuesday.


Sheriff Kevin Rambosk said his agency had asked Haitian authorities to extradite Damas, who is a U.S. citizen.


The family was discovered Saturday after a relative filed a missing
persons report. The sheriff's office has not said how Guerline Damas
and her children were killed, but a relative said detectives told the
family their throats had been slit.


Rambosk said investigators are still awaiting the autopsy results.


Authorities have said there was a history of domestic abuse between
Guerline and Mesac Damas, who had been married for two years and
together for 10. Mesac Damas was charged with misdemeanour battery in
January after he struck Guerline Damas while she held their youngest
child, a baby girl, in her arms.


He pleaded no contest and was given 12 months probation and ordered
to attend parenting classes and a battery intervention program. The
state Department of Children and Families had been monitoring the
family and visited their home just three days before the killings. The
caseworker found nothing amiss.

A Florida man admitted to reporters that he killed his wife and five "innocent" children, adding that he wants to be executed "right away" so he can be buried with them on Saturday.

Mesac Damas spoke with reporters in Haiti, saying a "spirit" drove him to kill his wife and children.

Mesac Damas, 32, said he wanted to take his own life, but did not have the courage to go through with it, "because if you kill yourself, you're not going to heaven."

Damas made the statements to a Naples news reporter as he was being led into a Haitian police vehicle in Port-au-Prince. Damas was returned to the United States late Tuesday following his capture in Haiti.

Damas faces six counts of premeditated first-degree murder in the deaths of his wife, Guerline Damas, 32; and the couple's five children -- Michzach, 9; Marven, 6; Maven, 5; Megan, 3; and Morgan, 11 months, police have said. The six bodies were found Saturday in the family's North Naples, Florida, home after relatives called police saying they had not been heard from.

Asked by the reporter in Haiti why he killed his family, Damas responded, "Only God knows." Questioned further, he blamed the crime on his mother-in-law. "Her mom pretty much made me do it -- the devil, her spirit, whatever she worships," he said. Watch what Damas has to say »

Damas added, "When I did it, [my] eyes [were] closed but right now my eyes are open." He repeatedly asked the reporter, "Do you believe in Jesus Christ," and stated, "The devil exists."

Police said an arrest warrant was issued for Damas on Tuesday "based on information and evidence collected thus far in the investigation and statements made by Damas to a federal agent after his detention in Haiti."

Police have not said how the five were killed, but Collier County Sheriff Kevin Rambosk described the scene as "horrific."

News stations, citing the warrant, reported that the woman and children were stabbed and their throats were slashed.

Damas had used a one-way ticket to fly from Miami to Haiti. Later, he told reporters that he had gone to Haiti to say goodbye to his family. He claimed that he had planned to turn himself in.

Police had asked the FBI and U.S. Immigration and Customs Enforcement for help in locating Damas. The FBI's legal attaché in the Dominican Republic notified authorities in Collier County, Florida, that a man believed to be Damas was taken into custody Monday by the Haitian National Police.

"Information obtained by [the sheriff's office] shows Damas was found hiding near a hotel in the capital city of Port-au-Prince," a sheriff's statement said Tuesday.

Police earlier said the judge who signed the arrest warrant ordered that Damas be held without bond upon his return to Florida. If convicted of six counts of first-degree murder, Damas could face life in prison or the death penalty.

Mesac and Guerline Damas had a history of domestic violence, police said. Mesac Damas was arrested in January, and in June he pleaded no contest to misdemeanor battery charges against his wife. Police said they did not believe he served any jail time, and did not think a restraining order was currently in place regarding the couple.

However, an arrest warrant was issued Monday for Damas on charges of violating probation stemming from the January arrest.

Guerline Damas' family released a statement Tuesday through the sheriff's office, saying she was "the best mother, sister and daughter in the world. She was caring and loving, and we miss her very much."

"This is a family tragedy and we want the community to realize that domestic violence is a serious issue," said the statement from the family. "If you have friends or family who are in an abusive relationship, please try to get them help. And to those women who are being abused, please love yourself enough to get help."

The family said its main concern was getting Damas back into the country "to face what he has done and get justice for our sister and daughter and her children. ... We ask that you keep our family in your prayers."

The Damases had been married about 10 years, Rambosk said. He did not know how long they had lived in Naples.

The six bodies were found about 6:30 p.m. Saturday, a day after police had visited the home to check on the family, Collier County sheriff's Capt. Chris Roberts said.

A family member had asked police to conduct a welfare check on the home Friday, saying they had not heard from a resident there, Roberts said. Responding officers knocked on the door and got no answer, he said, but they saw nothing that aroused their suspicions.

The following morning, the family member became more concerned and filed a missing persons report, Rambosk said. Later, authorities requested a key to the house from property management, as well as authorization to enter.

A Florida man accused of killing his wife and five children has confessed to the crime. Mesac Damas, 33, is charged with stabbing and slashing the throats of his wife and five children in their Naples home.

Investigators say he fled to Haiti where he was captured. While being transported back to Naples, he told a reporter he killed his family.

"Did you kill your family? A reporter asked.

"Yes," Damas said.

"Why?" asked the reporter.

"Only God knows," he replied.

However, his public defender said when Damas is arraigned in October, he'll enter a not guilty plea because of his mental health.

What role did Haitian culture play, if any, in the tragic death of Guerline Damas and her five children?

“In this particular situation, I don’t think we can use culture as
an excuse,” said Linda Oberhaus, executive director of the Shelter for
Abused Women and Children in Collier County. “Regardless of what
culture he’s from, there is never an excuse for what he’s done.”

She was referring to Mesac Damas, 33, the North Naples man accused
of recently killing his wife, Guerline Dieu Damas, 32, and their
children, Meshach “Zack” Damas, 9; Maven, 6; Marven, 5; Megan, 3, and
Morgan, 19 months.

Blaming Haitian or any other cultural belief, she said, is using a scapegoat.

“We know that one in three women in the world will be a victim of
domestic violence and that in the U.S., it’s one in four. Violence is
prevalent all around the world,” she said. “It (domestic violence) does
not discriminate. I’ve seen women from all races, all backgrounds, from
poor women to rich women.”

Melissa Dias, a member of the National Coalition Against Domestic
Violence, who has been affiliated for seven years with the Naples
shelter, said some were raised in a family where people didn’t talk
about their marital issues.

“It was considered embarrassing to talk about your problems,” she said.

John Paul, with the Haitian Coalition of Collier County, said the
male-dominated culture, and not necessarily Haitian culture, may have
played a role in the case.

“I think that the generation (of Haitian-Americans) raised here in
the U.S. is less likely to have that male-dominated mindset,” he said,
adding that there are exceptions.

According to the United Nations Development Fund for Women, or
UNIFEM, patriarchal attitudes persist in Haiti, where boys are
preferred over girls, and the home is considered a woman’s only
“universe.”

It’s this social conditioning that women face here in the U.S. and around the world — including Haiti.

“Some women are told ‘You marry for life,’” Oberhaus said. “You made your bed, now lie in it.”

But the whole “stand by you man” mentality, in many cases, is detrimental or downright dangerous for a woman.

“We try to educate the community and really change these attitudes
and beliefs, that a woman should stay in a relationship that is
emotionally and physically harmful to stay in,” Oberhaus said.

According to a United Nations report by the Centre for Development
Research and Action, these cultural attitudes and social norms place
limitations on women’s behavior, aptitude and capacities that could
lead to dangerous situations for the women.

The group points to the widespread perception that a woman’s body
belongs to her husband as one reason for the high rate of violence
against women.

For many, the concept of rape within marriage doesn’t exist, and
women lack the knowledge or means to report it as a crime when it
happens.

Because women in some cultures are discouraged from sport or any
form or physical activity beyond domestic chores, the incidence of
obesity, heart disease, hypertension, diabetes and arthritis among
women is increasing rapidly.

“From the moment they are married, women are expected to revolve
their lives around their husbands and children. This has made marriage
and childbirth the ultimate goals for many Haitian women,” the United
Nations report said. “Getting an education, having a career and even
leading a healthy, active life through sport and socializing are not
considered important to many Haitian women, and indeed not socially
acceptable.”

Oberhaus added that the generational aspect of domestic violence is an issue that needs to be addressed.

If a boy grows up in a home with a batterer, she said, he is more likely to become a batterer.

The same goes for a girl who grows up in a home where she sees her mother beaten.

She is most likely to grow up and become a victim of domestic violence herself, Oberhaus said.

Kerrin Darkow, who works with the victim help line at the National
Center for Victims of Crimes, said that with many in the community
reeling in shock about the brutal murder of Guerline Damas and her
children, a sense of guilt is to be expected.

However, Darkow said it’s important to emphasize that the responsibility for the killings rests strictly with the perpetrator.

“The behavior of the victim does not trigger the abuse,” Darkow
said. “It doesn’t matter what they do, the abuser will always find a
reason to abuse them.”

What worries Darkow is that there are undoubtedly other families in
Southwest Florida living in the same situation behind closed doors.

“They’re ashamed, they’re embarrassed and they blame themselves,” Darkow said.

To help change that, Oberhaus said the shelter would be reaching out
to every single congregation in Collier County during the next month
and urging them to talk about the issue of domestic violence.

“Domestic violence is no longer a private family matter … Domestic
violence is a crime,” she said. “We need to work on changing these
social norms that make domestic violence acceptable.”

In a North Naples home, detectives discovered a crime scene covered in blood.

Within an SUV parked at Miami International Airport, they swabbed
samples of suspected blood from the front seats and the cargo area.

And on a voicemail machine at a Lely home, investigators heard a
sobbing voice believed to be that of Mesac Damas, explaining to his
father that he had hit his wife and that she might not wake up.

New details in the Damas family killings, released in three search
warrants, show the brutality of the slayings and offer evidence in the
arrest of suspect Mesac Damas.

Damas, 33, was charged with the Sept. 19 homicides of his wife and
five children. He confessed publicly to the killings while being moved
from a jail in Haiti.

Deputies discovered the bodies after entering the home, at 864 Hampton Cir., on Sept. 19.

Before they could further search the home, investigators needed to
obtain a warrant, which required a sworn statement about the crime
scene.

The affidavit gave the following details:

Deputies first noticed blood pooling in front of a closed closet
door under the stairwell. When they opened the door, they discovered "a
deceased black female bound with what appeared to be a white extension
cord." Her head was covered by a black plastic bag.

In a second floor bedroom, they found the body of a male child, face
down on a blood-soaked mattress. In a nearby room, the bodies of the
four other children were found. All had "severe neck lacerations."

After obtaining the warrant, investigators collected numerous
suspected blood samples throughout the house. Samples were taken from
rooms, walls, mattresses and banisters. Samples were also taken from
shoes, furniture and dolls, as well as a wedding photo.

Haiti passports for Guerline Damas and Mesac Damas were collected
from a living room shelf. From the same shelf, detectives found two
pieces of paper with lists: One was 'Ten things I love about you,' and
the other was 'Ten things I hate about you.'

Deputies found a box cutter at the scene, and they discovered an empty knife sheath.

Damas' SUV, a black GMC Yukon Denali, yielded other suspected blood
samples. Most were taken from the driver and front passenger seats.
Others were taken from the cargo area and the exterior.

A green Publix shirt with suspected blood was collected from the cargo area. Guerline Damas worked at a Publix in Naples.

Mesac Damas is believed to have taken a flight from Miami
International Airport to Port-au-Prince, Haiti, on Friday, Sept. 18,
the day before the bodies were found. He purchased a one-way ticket,
according to detectives.

A voicemail recorded on the same morning was collected from the home of Mesac Damas' father, Jean Damas.

According to the affidavit for a search of the home, on Martin
Street in Naples, "Mesac was crying in the message and stated that the
family needed to be strong."

He then explained that he had been in a fight with his wife, had hit her and that he didn't believe she was going to wake up.

A Florida man accused of slashing the throats of his wife and five children has pleaded not guilty.Mesac
Damas did not appear in court in Naples on Monday for the brief
arraignment on six counts of first-degree murder. A prosecutor said the
33-year-old grill cook had already entered a not-guilty plea.Damas
is charged with killing his 32-year-old wife, Guerline, and their
children who ranged in age from 19 months to 9 years old. Their bodies
were discovered Sept. 19 in the family's town house.Authorities say Damas then flew to his native Haiti, where he was eventually arrested.He admitted to a reporter that he committed the slayings, and he told investigators that "bad spirits" made him do it.

Mesac Damas makes wild appearance in Collier courtroom

Aug 13, 2010


NAPLES: A man who admitted to killing his wife and five children last year made an erratic court appearance Friday.

Before Mesac Damas was led in by armed deputies, Judge Franklin Baker warned the court that if there was reaction of any kind, he'd have the person escorted out.

Damas was citing scripture and singing as he was wheeled into the courtroom in a restraining chair. He kept singing until his attorney and the judge asked him to calm down.

Damas sat still in the chair, his head turned toward the ceiling and his eyes closed for most of the hearing - but then toward the end the outbursts started again.

"It's been almost a year to be without my wife and my children. I miss them so much," said Mesac Damas.

Last September, Guerline Damas and the bodies of her five children were found strewn around the family's North Naples home. Their throats had been slashed.

In court today Damas asked to be executed.

"Make the call. Whoever is in charge of this, right now, go ahead, go for it. Turn on the switch," said Damas.

At today's hearing, Damas' new defense team told the judge they're still pouring over discovery documents in the case.

Prosecutors also gave an update on their part of the trial, saying they've spoken to 80-100 witnesses.

The defense asked for a psychological evaluation, and given Damas' demeanor in court, the judge agreed it was necessary.

Both the state and the defense team said the earliest this case could go to trial is next spring.

JURY TRIAL

BAKER, FRANKLIN G

06/16/2011

08:30

http://apps.collierclerk.com/public_inquiry/Case.aspx?UCN=112009CF002298AXXXXX&CT=OB

Damas competency ruling

http://media.naplesnews.com/media/static/Damas_competent.pdf

Judge rules Mesac Damas competent to proceed in death penalty case
June 23, 2011
Mesac Damas is competent to proceed in his death penalty case, a Collier Circuit judge ruled on Thursday.

The decision means Damas’ case will not immediately be delayed by treatment. Damas faces charges that he killed his wife and five children, Judge Franklin Baker issued the five-page order on Thursday, one week after three doctors testified about evaluations they conducted on the defendant.

Competency is the legal definition of a defendant’s ability to understand and participate in a court case at any one time. Questions of mental illness have surrounded Damas’ case since his 2009 arrest and through frequent court outbursts.

During last week’s competency hearing, two out of three doctors testified that Damas understood the charges against him and was capable of helping his attorneys, but that he chose not to.

In his order, Baker wrote that he found the two doctors’ testimony more compelling than a third doctor, who diagnosed Damas with “delusional disorder” and deemed him incompetent. Baker said his decision also stems from his own observations of Damas in court.

“More specifically, the Court finds that Defendant has the ability, if he so chooses, to cooperate with his lawyers and to manifest appropriate courtroom behavior,” the order stated. “If he chooses not to do so, he does so at his peril.”

A new status hearing is expected to be set in the case shortly.

Damas faces possible execution by the state if convicted of any of six charges of first-degree murder. The bodies of his wife, Guerline, 32, and the couple’s five children were discovered in the family’s North Naples home in September 2009, their throats cut.

The children were Zack, 9; Maven, 6; Marven, 5; Megan, 3; and Morgan, 19 months.

A spokeswoman for the State Attorney’s Office lauded Baker’s decision.

“With the judge’s ruling, we can now proceed more efficiently as we work towards a trial,” Samantha Syoen wrote in an email statement.

Neil McLoughlin, one of Damas’ three public defenders, said the decision speaks for itself.

“What’s there to say? Especially in death penalty cases, you always are concerned about your client’s mental health,” he said. “And let’s be honest, he exhibits bizarre behavior.”

Damas frequently speaks aloud during court hearings, invoking religion and questioning Baker’s authority. He confessed to a Daily News reporter shortly after the slayings, and he has repeatedly asked to be executed.

Two psychologists and a psychiatrist examined Damas between October 2010 and last week. Damas refused to participate in each evaluation, instead preaching at the three men.

One, psychologist Robert Silver, diagnosed Damas as bipolar after a first evaluation. After a second examination in June, he determined the defendant suffered delusions of grandiosity and was incompetent to proceed, failing to understand the charges and penalties he faced.

Psychiatrist Frederick Schaerf and psychologist Michael Herkov reached a different conclusion after their evaluations. Both consulted jail logs and medical records and decided Damas did understand the charges and penalties, based in part on his interactions with jail staff. They said he was capable of helping his attorneys but chose not to do so.

Baker noted the distinction between a defendant’s inability to assist in his defense and his willingness to do so. He also wrote that Damas’ possible mental illness has little bearing upon his competency.

“The fact that Defendant may have a mental illness is certainly relevant to the issue of competency, but it is not determinative,” he wrote.

The likely next question in the case is whether Damas should be allowed to represent himself, as he has repeatedly requested. Baker has promised to address the issue with Damas, and he suggested last week that, should the defendant be found competent, the court would explore it.

The court may also choose to again explore Damas’ competency down the road, if it feels his behavior merits it.

http://www.naplesnews.com/news/2011/jun/23/mesac-damas-competent-naples/

HEARING

BAKER, FRANKLIN G

07/08/2011

08:30

http://apps.collierclerk.com/public_inquiry/Case.aspx?UCN=112009CF002298AXXXXX&CT=OB

Mesac Damas won't defend himself


Tells judge 'God is my lawyer'

Jul. 8, 2011

Special page: Coverage of the Damas homicide case
Mesac Damas might believe that God is his lawyer, but a judge ruled that the Public Defender’s Office should also be involved.


Collier Circuit Judge Frank Baker on Friday denied a previous request by Damas to defend himself against six counts of first-degree murder. He is accused of slashing the throats of his wife, Guerline Dieu Damas, 32, and their five young children in September 2009 at their North Naples home.


He faces the death penalty if convicted.


“I think you’ve got good counsel. Sometime ago, you asked to talk to me about representing yourself ... you’ll have to convince me,” Baker told Damas, who was brought to court in handcuffs and shackles and wearing a jail uniform.


When asked if he wanted to represent himself, Damas replied: “God is my lawyer. I’m not here by myself.”


Damas continued preaching to the judge, audience and television cameras. Baker had Damas briefly removed from the courtroom and then brought back.


As Damas continued to ramble, Baker said the defendant’s motion for self representation was denied and Damas will continue to be represented by the Public Defender’s Office. No trial date has been scheduled.

“We have pretty awesome co-counsel,” quipped Deputy Public Defender Kathleen Fitzgeorge after the hearing.


Fitzgeorge would not comment on what type of defense might be used for Damas.


Although such episodes with Damas are now common at his hearings, Baker two weeks ago ruled that he is mentally competent to stand trial.


The judge based his rulings on the opinions of a psychologist and a psychiatrist, who testified that although Damas may have some mental issues, he is aware of his surroundings. Another psychologist said that Damas is not competent.


However, being declared competent doesn’t mean that an insanity defense can’t be used at trial, said Michael Hornung, a criminal defense attorney in Fort Myers.


“One can argue there was temporary insanity because of extreme emotional distress and that the defendant did not have all of his mental faculties” at the time the crimes were committed, Hornung said.


After the killings, Damas fled to his native Haiti, where he was taken into custody.


Damas later told an FBI agent that “‘bad spirits made him kill his wife and children,’” according to case documents.


However, Damas also said he decided to kill his children after killing his wife so that his mother-in-law, “who he could not stand,” would not get custody of them, records state.
http://www.news-press.com/article/20110709/CRIME/110708041/Mesac-Damas-won-t-defend-himself

Judge says he expects 'graphic' murder trial for Mesac Damas

By AISLING SWIFT
Originally published 11:50 a.m., February 10, 2014
Updated 07:37 p.m., February 10, 2014

There will be one more status hearing for confessed killer Mesac Damas before attorneys begin arguing motions that will shape what jurors will hear and see during the county’s biggest murder trial in decades.

Bloody photos of Damas’ wife and five children, the Haitian culture and voodoo are among the evidence jurors are expected to hear in the trial, which is set for four to six weeks, beginning Oct. 6.

Collier Circuit Judge Ramiro Mañalich told prosecutors Monday he anticipated the trial to be “graphic” and questioned whether they’d considered limiting the number of crime scene photos jurors would see.

That’s something assistant state attorneys Rich Montecalvo and Dave Scuderi must consider, knowing there are other hurdles, including the death penalty, that will make it hard to select a 12-person jury with alternates.

Montecalvo told the judge they hadn’t gotten that far yet. “We’ll have to play it by ear,” Montecalvo said of whittling down the bloody photos.

County Sheriff Kevin Rambosk, who has spent more than 30 years in law enforcement, has said the Damas crime scene “has impacted me the greatest -- and you never forget it.” Deputies were provided with counseling afterward.

Damas, 37, is charged with six counts of capital murder in the deaths of his 32-year-old wife, Guerline, and five young children, who were found by sheriff’s deputies in their rental home on Hampton Circle in North Naples on Sept. 19, 2009. They’d been stabbed repeatedly, their throats slashed and were discovered a day after Guerline Damas didn’t show up for her job at Publix.

Damas fled to Haiti, where he confessed to an FBI agent and a Naples Daily News reporter.

The Haitian culture is expected to be a large part of the trial’s penalty phase, if jurors decide Damas deserves the death penalty. The Haitian religious culture includes voodoo and other rituals, which Damas, a cook at a North Naples restaurant, grew up with before his family moved here.

Chief Assistant Public Defender Kathleen Fitzgeorge told the judge they were prepared to move from the first phase to the death penalty phase with only a short break between the two. She said she and Kathleen Smith, the public defender for the 20th Circuit, were working on mitigating factors, reviewing witnesses and emails, that will be needed for the penalty phase.

“Obviously, with something of this significance, the court wants to be fair,” Mañalich replied, understanding their need for time. “I can see it would be important to have as much information as possible from his native country. … That could be very significant.”

Throughout the short hearing, Damas bent over the defense table, his eyes closed as he sat with his elbows resting on his shackled legs. He never uttered a word, but whispered to Fitzgeorge afterward, then groaned as he got up as deputies escorted him to a holding cell.

Attorneys will meet again with the judge for the last case management conference on March 10. Motion hearings will begin the next month, when the judge will determine what evidence and testimony will be included or barred.

https://www.naplesnews.com/news/2014/feb/10/judge-says-he-expects-graphic-trial-mesac-damas/?print=1

Mesac Damas incompetent to stand trial, doctors say
Judge will determine if his trial will go forward

1:19 PM, Mar 10, 2014
Reported by: Jacob Carpenter/Naples Daily News

Mesac Damas, the North Naples man charged with six counts of first-degree murder in the slaughter of his family, has been found incompetent to proceed by two court-appointed doctors, a State Attorney's Office spokeswoman said Monday.

Two doctors evaluating Damas made the determination, and now a judge will determine in the coming weeks whether Damas can go forward to trial, State Attorney's Office spokeswoman Samantha Syoen said. An April 7 case management conference has been scheduled to map out future court dates, Syoen said.

Under Florida law, a defendant is incompetent to proceed if he or she "does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against her or him."

The contents of competency evaluations are not public record. A judge makes the final determination on whether to declare a defendant incompetent to proceed.

Damas had previously been found competent to proceed in the case in 2011 despite frequent outbursts in court. Damas has admitted to the killings of his wife and five children in 2009, often invoking Biblical references when describing his actions and fate.

In emails to the Daily News in recent months, Damas said he was "possessed by demons" at the time of the killings. He said he's become a "new creature in Christ" since.

Damas' defense team has been working on research mitigating factors that would be used to sway a jury against sentencing him to the death penalty.

http://www.wptv.com/news/state/mesac-damas-incompetent-to-stand-trial-doctors-say