How Long Does It Take to Convict a Murderer in California?

AP Photo/Chris Preovolos via the San Francisco Chronicle

Back in the summer of 2017 a shocking murder took place in Stockton, California. A woman named Angi Terlouw was stabbed 21 times and her body was found stuffed in a trash bin. The next day, police arrested her boyfriend, Daniel Winkler.

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According to the Stockton Police Department, officers received a report about 9:45 a.m. Sunday of a possible dead body inside a trash can in the 9000 block of Don Boriga Way.

When officers arrived, they discovered a woman’s body that had been “wrapped up,” police said. The victim, whose identity hasn’t been released, was stabbed to death, authorities said.

Detectives later learned the woman was dating Winkler, police said.

The two weren't just dating, they had two children together. The oldest, a five year old boy, witnessed the murder.

Robert Himelblau, supervising deputy district attorney of the homicide unit, said outside court Tuesday that it is believed a child witnessed the incident. Himelblau would not say how the child is connected to the victim or suspect.

He said while the D.A. has a fair amount of evidence, the case’s difficulty will be in having to ask relatives to talk about their dead loved one and added that it’s “horrible” and “gut-wrenching” to have children involved as witnesses.

Angi's large family knew that Winkler had two prior convictions and has served time in prison. They also knew hew was a controlling person with a temper. Angi's siblings say she talked about leaving him several time but always backed out. On the Saturday she was murdered she called her sister and told her she was serious about leaving this time. They planned to arrange it the following week. But later that night she and Winkler got in another fight.

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She was stabbed in the shower 21 times — twice in the chest, 12 times in the stomach and five times in the face and neck, the knife slicing through her larynx. A wound to her right wrist exposed the bone, and her left palm was slashed. She had cuts and bruises from the top of her head to her toes.

The couple’s 5-year-old son said he heard his mom scream and saw his father stabbing her, an investigator testified during a 2021 preliminary hearing. The boy said his dad threw his mom’s body out a window and later that night confessed at his paternal grandfather’s home, saying, “I killed Angi,” according to a hearing transcript.

The investigator also recounted that the boy said his father “choked his mother” four days before her death, demonstrating how his dad put his hands around his mom’s throat and said, “You’re going to die tonight.”

Incredibly, despite evidence including an eyewitness and a confession, there still hasn't been a trial of Daniel Winkler. This case has dragged on for nearly 8 years now thanks in part to Winkler repeatedly claiming he is insane and therefore can't be held criminally responsible for the crime.

Winkler, who pleaded not guilty, sits in county jail, his charges pending and his parental rights intact after repeated delays, many of which stem from claims of delusions and other symptoms of mental illness that judges have twice determined he was faking or exaggerating. 

The couple’s son — who told police he watched his father stab his mother — is now 13. His sister is 11. They are in their eighth year as wards of the court, and though they are being raised by their mother’s family, their lives are in flux and under a judge’s jurisdiction until the case is resolved.

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Part of this delay is due to manipulation by Winkler. One psychologist who claimed he had a "delusional disorder" in 2018 examined him again in 2020 and concluded he was faking or exaggerating symptoms. Then, after a trial date was finally set for 2024, jury selection was canceled because of a third competency exam.

But the problem in California isn't limited to this one case. Long delays are far too common, despite a California law passed in 2008 which guarantees victims the right to a speedy trial.

The long road to resolution in Angi’s killing exemplifies the failure by California’s elected officials and legal community to address a justice system too often plagued by unreasonable delays, legal experts said. As cases like Winkler’s drag on for years, the toll on victims’ families mounts with each postponement, nonproductive hearing or legal maneuver by the prosecution or defense...

Across the state, about 30% of felony cases remain unresolved after 12 months, according to a Judicial Branch review of the 2024 fiscal year — although 12 counties, including San Francisco, did not provide data...

Last year, San Francisco prosecutors convicted defendants in five felony cases — four homicides and a sexual assault — that took at least seven years. One case lasted 13. Numerous appeals and a mistrial caused by a hung jury contributed to these delays, officials said. But there are many ways justice can slow.

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The problem with the 2008 law is that there's no way to enforce it so judges routinely just ignore it and delays continue to happen. 

The current judge handling this case has set a trial date for May, but even if Winkler is found guilty there will need to be a second trial to determine whether he is not guilty by reason of insanity. Maybe, just maybe, California can finally wrap this up just before 8 years have passed since the murder. It's going to be close.

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