| By EDMUND M. SILVESTRE
A 43-year-old Filipino handyman was arrested and jailed
after reportedly confessing to killing his girlfriend in
Brooklyn after a violent fight with her over another woman
he was involved in, and then burying her battered corpse in
concrete in Manhattan.
Charles Tolarba was charged with second-degree murder in
the death of Mary Jane Leman, 41, as well as first-degree
assault and tampering with evidence.
Leman has been missing since Oct. 17.
Police said Tolarba directed the police to an apartment
building in Harlem, where they dug up around 6:30 p.m. on
Oct. 28 a body that had been wrapped in a plastic bag and
buried in the windowless boiler room enclosed by stone walls
in the subbasement.
Authorities say the incident has shades of the case of
Filipino-American financial analyst Maria Pilar Cruz, whose
body was allegedly buried in concrete in a Newark, N.J.
garage by fake doctor Dean Faiello, shortly after Cruz died
during a botched surgery in 2003. Cruz’s body was discovered
over a year later.
Faiello is now in jail and is awaiting murder trial.
A police source told a reporter that Tolarba feigned
heartache before confessing to slaying Leman, a mother of
five.
“He was sitting there like a total gentleman, like he was
concerned for her well-being,” said a police source familiar
with the investigation.
But after 10 hours of questioning, Tolarba broke down and
told cops in detail how he beat Leman to death in her
Brighton Beach apartment, a police source said. The attack
followed an argument over Tolarba’s other girlfriend, the
source said.
Tolarba allegedly stuffed Leman’s body into a garbage
bag, drove it to a Sugar Hill brownstone at 536 West 150th
Street, which is owned by the mother of Toralba’s other
girlfriend, Antonia Sanders, and where Sanders live.
Tolarba then dumped Leman’s body in the building’s
unfinished basement. He poured concrete over the corpse,
smoothed it over and neatly placed carpeting over the
woman’s body, police sources said.
Police haven’t said if Sanders played any role in Leman’s
death, but she has not been charged.
Tolarba, who shared a basement apartment with Leman in
Brighton Beach, used Sanders’ sport-utility vehicle to
transport Leman’s body to Manhattan from Brooklyn.
Relatives of Leman claim Tolarba tormented her for months
— once attacking her with a power drill and a metal hook.
They said the abuse was so brutal that when Leman went
missing about two weeks ago, her family immediately
suspected Tolarba had killed her.
“I asked him what he did with the body,” said Leman’s
brother, John Mick, 54, recalling a confrontation with
Tolarba about a week ago.
Mick said Tolarba denied any wrongdoing and replied, “I’m
looking for her, too. I didn’t kill her. I love her.”
Tolarba, who had no previous arrest history, appeared
composed at his arraignment in Brooklyn Criminal Court.
Assistant District Attorney Anthony Catalano said the
suspect admitted that he “repeatedly struck and kicked Leman
and shoved her into a wall” in the fatal attack.
A Filipino immigrant, Tolarba has been in the U.S. 30
years, according to his legal aid attorney Susan Litts.
Aside from being a handyman, he is also a construction
worker and makes a good living, according to police.
Leman’s brother-in-law, Mike Schiller, said he warned
Leman about Tolarba. “I told her he was going to kill her,”
said Schiller, adding that Leman had a black eye from a
beating in July. “She said, ‘Maybe he will.’”
Leman never filed a protective order, never called the
cops and asked her relatives not to intervene.
“Her pain is over now,” Schiller said. “Hopefully, his
will begin now. I hope he suffers for the rest of his life.”
Tolarba and Leman, both fixtures in Brighton Beach, had
dated when they were teenagers. They got back together about
two years ago after separating from their spouses.
News of Leman’s grisly death quickly reached Macungie,
Pennsylvania, where her five children, ages 16 to 21, and
her estranged husband, Charles Leman, live.
By LIBERTITO PELAYO
A New York court on Monday ordered the installation of
winners in the Oct. 1 election for president and six members
of the board of the Philippine Independence Day Council,
Inc.
“I don’t think you can freeze an organization,” Justice
Jane S. Solomon of the New York State Supreme Court said in
a brief handwritten decision, “so I am, on my own motion,
lifting it.”
She was referring to her order on Sept. 30 to withhold
declaring the winners because of a challenge to the
admission of new members through allegedly irregular means.
Ludivina de Asis Hughes, who sought an injunction to stop
the election, said she would appeal the decision.
In her written order, the judge directed that the
“results of the election be publicly tabulated and broadcast
and the victors installed.”
She also directed that the secured membership
applications be reviewed “with a view toward transparency in
the future.”
The new board was told to review challenged memberships
and to make a plan for “future public challenges to be made
well in advance of the next election to avoid dispute like
this one.”
During the preliminary conference, the judge asked the
lawyer representing the plaintiffs, Emad Iskaros, how many
membership applications would sustain a challenge.
The lawyer replied, “10,” but after conferring with his
clients, he said approximately 30 should not have been
accepted.
Turning to the defendants’ lawyer, Tristan Loanzon, the
judge asked about the discrepancy between the winners and
losers.
“There are 25 voters separating the winner and the losing
candidate,” he answered.
The PIDCI election committee previously reported that
Isagani Puertollano, the presidential candidate, polled 116
votes, or 24 votes over Hughes’ 92.
Then there was a discussion about the number of voters,
renewals or new members.
Loanzon said there were 176 renewals and 95 new members,
or a total of 271.
“How do we get 210?” the judge asked, referring to the
total votes cast and counted.
Feliciano Macaraeg, one of the plaintiffs, was allowed by
the judge to give a brief summary of the injunction case.
“We found out there were defunct organizations that were
tainted just to qualify them to vote in this election,”
Macaraeg, who ran for director under the Hughes ticket, told
the court.
He said that they (the defendants) wanted to pay for the
registration fees of these organizations, instead of paying
business checks of the organizations or personal checks of
officers.
He said money orders, numbering 59, were used and bought
in series from five different post offices to be used by
different people.
Turning to the five reliefs sought by the plaintiffs in
their complaint Justice Solomon addressed each issue one by
one.
First, she rejected the first one seeking temporary
restraining order to stop the election.
Second, she said courts do not enforce or review the
bylaws of organizations pertaining to conditions of
membership and admission thereof.
Third, appointing a special master to oversee, review and
enforce membership applications is “premature.”
Fourth, since the lawsuit has no “live claim,” the
plaintiffs cannot be awarded compensatory and punitive
damages.
Fifth, American litigation does not give attorneys’ fees
unless “there’s a contractual provision for it.” |