Sunday, January 08, 2006
Studer- Musladin case Comments
What's Wrong WIth Our Courts?!
Regular readers know my concern is about drugs that harm our families. I just don't want there to be any more victims of the heartbreak drugs can cause. Of course, there are victims of other crimes, and my heart goes out to them, too. That's why this story, from the San Jose Mercury News, so infuriated me:
Federal court reverses 1995 murder conviction FAMILY PHOTO BUTTONS CALLED INFLAMMATORYBy Howard MintzMercury NewsThe appeals court ruling stems from a fatal May 1994 confrontation in the driveway of Pamela Musladin's mother's home in South San Jose. At the time, Pamela Musladin had been separated for months from her husband and had been living there with the Musladins' 3-year-old son and Studer, a 31-year-old plumber and her fiance.
A federal appeals court on Friday overturned a 10-year-old San Jose murder conviction, finding the defendant did not receive a fair trial because the victim's family was allowed to sit each day in the front row of the courtroom wearing buttons bearing photographs of the victim.
In a 2-1 decision, the 9th U.S. Circuit Court of Appeals ruled that Mathew Musladin is entitled to a new trial for the 1994 killing of his estranged wife's boyfriend outside a Blossom Valley home. Musladin, 45, is currently serving a life prison term for the first-degree murder of Thomas Allen Studer and the attempted murder of his now ex-wife, Pamela.
The state has the option of asking an 11-judge 9th Circuit panel to reconsider the decision, or send the case back to San Jose for a new trial. Santa Clara County prosecutors vowed to retry Musladin, 45, who has maintained that he was acting in self-defense and that Studer's death was an accident.
Musladin will remain in prison while the case proceeds. ...
Mathew Musladin arrived at the home to pick up his 3-year-old son for a weekend visitation when an argument broke out in front of the house. Court records show that Musladin fired shots at Pamela and Studer, hitting Studer in the shoulder and then in the head with a bullet that ricocheted off the pavement. [Note: O'Reilly said Studer was shot from behind.]
Musladin admitted shooting Studer, but claimed that he believed Studer had a gun and that another man at the house had a machete. He testified that he feared for his life when he fired the shots.
In the appeals court ruling, 9th Circuit Judges Stephen Reinhardt and Martha Berzon found that allowing the family to wear the buttons in front of the jury was particularly inflammatory because of Musladin's argument that he was acting in self-defense. The trial judge had rejected Musladin's lawyer's request for the family to cease wearing the buttons. ...
The Ninth Circuit has proved, once again, that it is capable of making the most bizarre decisions imaginable. My heart goes out to the Studer family. They should not have to live through the pain of this trial again.
posted by Beth @ 5:30 PM
1 Comments:
At 9:01 PM, Anonymous said…
Hi,I happen to know the person who shot Mr. Studer as well as his family. I have to let you know that I think murder is absolute and final and punishment can never equal another persons life ever!I would like to know why Mr. Studers methamphetimine levels in his blood samples at the time of autopsy are never discussed as well as the fact that methamphetimines have continued to be sold out of the address of the murder scene. The estranged wife of Mathew Musladin is in fact a meth freak or should I say an addict. No one is mentioning both sides of the story and that pisses me off. Thomas Studer was a meth addict as well. Mathew Musladin is not addicted to meth nor has he ever been. He has an extensive education and he knows that he took a life but he also states it was for fear of his own life that he shot the gun towards the garage. He is aware of the pain this whole situation has caused to both the family of Thomas Studer as well as his three year old son. Even if his conviction is not overturned we should also realize that there was a dirty cop involved in this whole mess. Thomas Studer and Mathew Musladin were both played by Pamela Musladin who is an evil girl along with her brother. Two men truly lost their lives that late afternoon early evening. Two men because Pamela wanted them to come face to face and fight over her.
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23 comments:
I think the missing point from the above stories is the fact that in the courtroom, the jury is there to look at the evidence in the case and come to a verdict. The family, by sitting in the front row with buttons on, just acted to play on the jury's emotions, convincing them to convict based on the audience, rather than the evidence. Most likely, the guilty verdict will stand if a new trial occurs, but this just reminds everyone that a court of law is a place for order, logic, and evidence, not emotion.
the buttons weren't worn as a way to convince the jury that my uncle, tom studer, was an innocent party. he lost his life, and as any family does, my grandparents and my uncle jim wore buttons as their way to recognise the loss. bringing everything up again after so many years seriously breaks my heart. i can not even imagine how hurt our family would be if the guilty verdict is reversed. we've gone through enough already. the buttons shouldn't make a difference at all. there was much more evidence to look at that i'm sure most didnt even consider or notice the buttons. and the guilty verdict shouldn't change either. self defense or not, my uncle is dead, and mr. musladin admitted to it. he shouldn't be able to walk free from this because my family chose to mourn our loss by keeping his picture near our hearts.
As posted by anonymous, I also happen to know the MURDERER and his family. I know first hand about his violent temper and his fits of jealous rage. I could have easily been in Pamela Musladin's shoes. My heart aches for her, her little boy, and for Tom Studer's family. This monster should stay behind bars where he belongs.
I was Guy's (Matthew) Musladins next door neighbor for many years,as well as the rest of his family. I believe there is a dirty cop somewhere in this, and the "victims" were not that innocent. Much evidence was not allowed into the trial, which would most likely have changed the verdict....I have told this to Guy himself via letter, that if he really committed 1st degree, cold blooded murder, then he should die in prison...However, Guy's detailed written explanation of what happened convinced me..Plus, I know Guy...To h@il with the buttons,Guy was set up.
That is baloney. You sound exactly like Guy (Randy short for Leroy maybe?) I too know Guy and his family...lived in the same neighborhood by the way. Guy is in prison where he belongs. It is a tragedy that someone had to die to get him there. He was, is and always will be an unstable nutjob. His grandmother was the first one to tell me so in fact!
Rachel,
I think it is commendable that you want to defend your uncle, but sadly, you are misguided.
I did know Guy personally. A little too personally. His anger (combined with a baseball bat) is what made me run the other way. That, and the FACT that his grandmother told me to get away from him for my own safety.
I am sorry that your family has suffered because of this tragedy. But the fact of the matter is that Guy had a gun in his car. The situation was not out of his control. Pamela may be a "cookoo meth head" and Tom may have been as well, but he didn't deserve to die for it.
You need to accept that your Uncle Guy did a terrible thing, be glad his anger didn't turn on you, and move on with your life. I wish you well.
I'm trying to figure out how I would react to somebody wilding a machete at me? ASK YOURSELF what would you do? I'm tired, really tired of hearing the hearsay about Guy....Let's discuss the bizarre behavior of Pamela towards life in general and towards her ex husband Guy due to being a meth addicted phene along with her loser brother. She isn't a good person, wife or Mother.....Trust and believe me she's not playing with a full deck. She is a meth, Crankster, addict and her love in life is meth and meth only. she enjoyed Guy's jealousy and she promoted it on a regular basis....I don't think you all have something to worry about when it comes to Guy being released anytime soon. What would be refreshing is if Pamela would actually tell the truth about that terrible day when two men (not perfect men) lost their lives because of her.Her luring and baiting a three year old to say,"Daddy please come get me on the phone to Guy". Pamela wanted these men to want her, fight for her....Guy wasn't normally picking Garrick up, he was having a friend pick up Garrick.....but again his son called asking "Daddy" to come get him!!!! Now what is your reaction supposed to be when somebody has a machete and headed towards you rapidly? What man wouldn't react to two men rapidly approaching you to do harm??? Guy realizes that shooting the direction of Thomas was wrong because he was fleeing. But.....Pamela has fooled Thomas Studer's family as well as the court about her part in this tragedy....She is an awful person, a manipulater, a liar....Her Brother is a Meth addict and a loser....Her and her Brother have been slumming off their Mother for years upon years....There is also a dirty Cop involved who is connected to the Meth dealing that Pamela and her so intelligent Brother were involved with in sales of Meth....Dealing Crank....Drugs....Now baby Garrick is a grown man and he will fiqure this all out and his Mom will see his anger when he finds out the truth....Let's hear the truth....Pamela....tell the truth....tell the truth......
Oh.....By the way I grew up with Guy also....his Mother taught me to play piano. Guy and his family were close friends with my family, we went to church together also. I think that Pamela's brother has zip if nadda lick of sense enough to do anything but leech off his mama and sell meth....this goes for Pamela.as.well....she loves the lifestyle of meth...partying and I know that her and Guy's son "Garrick" has been through a lot with the gruesome three.....he has seen too much at the age of three....I just wish that Pamela had a conscience and would tell the truth about why Guy ever showed up at his estranged wife's Mother's house that terrible day when two men lost their lives ( in essence) because of a skanky white trash chick and her games.....
Guy married an evil minded drug addicted white trailor trash girl on the rebound from his trus love who rejected him just months prior to meeting Pamela....He now has a terrible disease because Pamela kicked him in the groin when angry....He has lost his life, his education worthless, now suffering from a disease.....Thomas Studer has lost his life and his family suffers also....everyone "but" Pamela suffers loss of a loved one....I don't know why Thomas Studers family doesn't get the big picture about the real reason that Guy ever showed up that day at his Mother in laws house....He was lured there by Pamela.....she wanted both Men to fuss and fight over her emotionally needy self....Sometimes the easiest thing is fooling the victim's (Thomas Studer & his family) into thinking she had nothing to do with Guy showing up in the first place....All "evidence" should've been brought into the trial not part of the evidence.....and Pamela should tell the truth to the family of Thomas Studer As well as the police....The families of Thomas and Guy deserve to know the actual facts of that day Pamela!!!! You wanted both of your men to fight for you and get jealous and passionate about being the "one".....You have no moral compass or values because of your Meth addiction....Meth destroys people 's minds and their conscience....Still mooching off your Mom, you and your brother????
Guy married an evil minded drug addicted white trailor trash girl on the rebound from his true love who rejected him just months prior to meeting Pamela....He now has a terrible disease because Pamela kicked him in the groin when angry....He has lost his life, his education worthless, now suffering from a disease.....Thomas Studer has lost his life and his family suffers also....everyone "but" Pamela suffers loss of a loved one....I don't know why Thomas Studers family doesn't get the big picture about the real reason that Guy ever showed up that day at his Mother in laws house....He was lured there by Pamela.....she wanted both Men to fuss and fight over her emotionally needy self....Sometimes the easiest thing is fooling the victim's (Thomas Studer & his family) into thinking she had nothing to do with Guy showing up in the first place....All "evidence" should've been brought into the trial not part of the evidence.....and Pamela should tell the truth to the family of Thomas Studer As well as the police....The families of Thomas and Guy deserve to know the actual facts of that day Pamela!!!! You wanted both of your men to fight for you and get jealous and passionate about being the "one".....You have no moral compass or values because of your Meth addiction....Meth destroys people 's minds and their conscience....Still mooching off your Mom, you and your brother????
"True love" rejected him? Seriously? Did he tell you that or did Betty? Pamela may be a crazy meth head, but that doesn't negate the fact that Guy shot and killed a human being. It wasn't his first crime either, just the one in which he got caught. Ask him why his "true love" rejected him. If he tells the truth, you'll understand why he is exactly where he belongs.
Why don't you tell me about his true love....it's not like I can ask Guy in the next few days because I have relocated 3000 miles away. I want to know what happened, I want to know about Guy's nasty temper that I've been hearing about combined with jealousy? so please let me in on what everyone is talking about. Guy lived like three blocks away from me when we were kids. We played together, swam a lot but I never saw him much during highschool years....please.....fill in the blanks for me. Betty told me that this True love of his was a ministers daughter? That she broke up with Guy and he was devastated....that's when he met Pamela in an office of a car dealer???I sincerely want to know what problems he had with anger and jealousy?
I can't seem to get the truth....perhaps you might enlighten me.....Why is Guy acting as if he is the true victim, and where is this police officer on the San Jose police dept.?????
Guy has acted like a victim his whole life. He has never taken responsibility for his own actions. It's always someone else's fault. The truth is Guy finally got what he deserved. Unfortunately, someone had to pay with his life to get him there. The truth is that when his girlfriend rejected him, he came after her with a baseball bat. I thought she was his true love (that's what Betty said at the time anyway) but she wasn't a minister's daughter, so maybe there was another true love in between. The baseball bat was the last straw, not the crime that was committed against her. I won't go into that here. That issue is now between Guy and his God.
Wow.....this is a trip....I never knew him to be this way....I think I'm done...done with the whole thing, him and his Mom.....I don't like what I'm finding out, at all....I hope Garrick can deal with his Dad's convincing psycho babble....he's really good at playing the victim and hopefully Garrick has the wisdom to see through his Dad's words during visits.....what a mess it really is....I feel so bad for Garrick.....
What in the world went wrong for Guy to be such a monster???? He had everything a lot of kids wanted when he was a kid but their parents couldn't afford.....I can't believe he actually has a publisher and she is working with him on an actual book he has hand written and sent to her. He sent me a copy of this book in a huge box, it was all hand written and I sat on my kitchen floor and read the whole thing. It was truly convincing and the question I kept having in my mind was why he didn't walk away from Pamela early on but now I hear about the jealous rage issues and that would explain why he didn't leave her when she supposedly was doing her Meth and having erratic behaviour?....Wow, what a mind blower....
pathological liar .......
Thanks for the information......I'm just in shock, for real.....it's good that he is not able to ever repeat this nonsense with any women again....Thomas studer.....may you rest in peace.....
Again, I know nothing about Pamela and Tom--they very well could have been meth users--I have no idea. My heart goes out to Garrick as well. Hopefully he can get past all the insanity of his early life and make a good life for himself.
Thank you for hearing what I had to say. You sound like a reasonable person and I appreciate that you didn't take his side just because you grew up with him. Just for the record and because it feels so good to finally say it....I was the girl so what I know isn't just hearsay.
Funny thing about Guy....he never writes to you unless you initiate by sending him a letter. I went to visit him once with my daughter years ago and he seemed like the Guy I have always known. He is now receiving more Karma ( so to speak ) in the fact that he now suffers from pyronese disease. If possible look it up, it's awful...It's too bad that a kid who had parents who bought him pretty much whatever he was into....dirt bikes, sports, etc....I grew up in your neighborhood also....But I never saw the vile temper and jealousy issues....I hope you are ok and "know" that you are fortunate
that you didn't enter into a marriage with him...Maybe the reason that Randy doesn't really seem too involved or around (persay) is that he knows his brother has problems. Randy has established himself and has a nice family also. Betty seems to be doing her own thing and it's quite taxing to finance an inmate's needs....I'm glad you told me the truth.....I don't want to hear anymore lies (he may actually believe his lies) and I hope that Garrick isn't drawn into his web...Unbelievable, this whole situation.....Let's hope this "book" doesn't get published.......
I looked up "pyronese disease". Karma in action.
Glad to hear Randy and his family are well.
Okay......I just want to say that I'm going to write Guy a letter and I'm going to ask him some very intense and possibly uncomfortable question's and let's see if he responds....I think the "truth" would be refreshing but a person who pretends to be one way may not take too kindly to questions about the reality of their "issues"....We shall see what transpires from my letter indeed, if anything. I will post the results as soon and if I get answers....It may take some time, these prisons are quite slow at mail delivery in California.
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