The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

SENTENCING for convicted murderer Emajane Fritzgerald was halted in the Supreme Court yesterday after her attorney challenged the indictment on which she was convicted, arguing that a fundamental defect could prevent the court from sentencing her.

Fritzgerald appeared before Justice Andrew Forbes in Grand Bahama to be sentenced for the murder of Keith “Fat Head” Russell, whose body has never been found, but the proceedings were stayed after attorney Paul Wallace-Whitfield gave notice that he would apply to arrest judgment, a legal request asking a court to stop or delay issuing a final judgment after a verdict or before a ruling is finalised.

Fritzgerald was convicted on June 4 following a four-week trial.

Mr Wallace-Whitfield is applying under Section 184 of the Criminal Procedure Code, arguing that an irregularity in the indictment is sufficiently serious to warrant an arrest of judgment. If the application succeeds, Fritzgerald would receive a new trial.

The indictment alleges that Fritzgerald and Claudette Smith, also known as Claudette Elliot, “being concerned together” at Grand Bahama between August 9 and August 10, 2015, murdered Russell.

Mr Wallace-Whitfield argued that the wording was flawed.

“So we are suggesting that when you look at the particulars of the offence she is charged with being concerned with another,” he told The Tribune. “It is tantamount to being charged with conspiracy but just one person. One person can’t conspire.”

Justice Forbes ordered Mr Wallace-Whitfield to file the application, supported by an affidavit and authorities, by October 30. The Crown has until November 9 to respond, and the motion is scheduled for November 10.

The judge subsequently stayed sentencing.

Before the application interrupted the proceedings, the court heard evidence from psychiatrist Dr John Dillet and Probation Officer Laish Boyd Jr, as well as victim-impact accounts from Russell’s relatives.

Dr Dillet said Fritzgerald had been evaluated several times while in custody at the Bahamas Department of Correctional Services, most recently on September 18.

He said she had no prior history of mental illness and did not meet the formal criteria for a mental illness.

Prosecutor Terry Archer asked whether his examination established that Fritzgerald had no previous history of mental disorder.

“Correct,” Dr Dillet replied.

During questioning by Mr Wallace-Whitfield, Dr Dillet was asked whether Fritzgerald was capable of rehabilitation.

“Well, she has no formal mental diagnosis,” he said. “So, when you say rehabilitation, can you be more specific in terms of what type of rehabilitation you're suggesting?”

Mr Wallace-Whitfield said the answer was sufficient.

The court was also told that the psychiatric evaluation consisted of interviews and observation and did not include objective psychological testing.

Mr Boyd, of the Department of Rehabilitative and Welfare Services, said he interviewed Fritzgerald on July 9.

Asked whether she expressed remorse, he replied: “No, Sir.”

Mr Boyd said acknowledging wrongdoing was the first step in rehabilitation, but Fritzgerald continued to deny involvement in Russell’s killing.

“The first step is acknowledging any wrongdoing,” he said. “She has not indicated any involvement in this matter and so by not taking that position it is difficult to say...because she has not acknowledged any wrongdoing.”

Russell’s relatives, meanwhile, called for Fritzgerald to receive the maximum punishment and described the lasting trauma caused by his death and the fact that his body has never been recovered.

His mother, Doris Cooper, told probation officials that her son regularly visited her home for Sunday meals. She said his disappearance and what was subsequently found at his home devastated her.

Mrs Cooper linked her husband’s death about six months after Russell disappeared to mental stress and health challenges following their son’s death. She also reported suffering anxiety attacks, paranoia and insomnia and said she stopped attending funerals because they had become too painful.

She said she remained hopeful of seeing her son and called for Fritzgerald to receive a life sentence.

Russell’s daughter, Keithra Russell, said Fritzgerald had taken not only her father’s life but also his body, depriving the family of the ability to bury and properly mourn him.

She said the blood found at her father’s home left her wondering where his remains were and hoping they could eventually be recovered for burial.

She also reported difficulty forming personal relationships and trusting others because of the trauma surrounding her father’s death. She called for Fritzgerald to receive the maximum sentence, saying she had shown no remorse.

Another daughter, Laquell Russell, recalled being a young child when her father disappeared and participating in searches for him. She said she sometimes still hoped he would return and described the absence of his remains and a funeral as particularly painful.

She also recommended a life sentence.

Russell’s sister, Linda Cooper, recalled finding the air-conditioning running at her brother’s home and seeing large amounts of blood, including splatters in the kitchen and a pool of blood in the garage.

She said she called her brother’s phone and heard it ringing inside the home, which left her despairing because she knew he would not normally leave without it.

Mrs Cooper told probation officials that Russell had previously been in an informal relationship with Fritzgerald, who blamed him for her earlier criminal matters and had made several pronouncements that she would kill him.

She said she wanted Fritzgerald to disclose the location of Russell’s body.

The probation report said Fritzgerald had consistently denied involvement in Russell’s disappearance despite her conviction.

According to Mr Boyd’s summary, she said she accepted the outcome while maintaining that denial. The report said she expressed empathy for Russell’s family and intended to continue strengthening her Christian faith.

Mr Boyd said the family had been forced to contend not only with Russell’s death but also the absence of a funeral and burial.

The report said Fritzgerald’s continued refusal to acknowledge involvement reduced the prospects for rehabilitation.

The court also heard that Fritzgerald was convicted in February 2011 of possession of dangerous drugs, for which she was sentenced to 18 months, and possession of an unlicensed firearm, for which she served three years. She was later convicted of a bail violation in August 2024 and fined $4,000 or sentenced to eight months in prison.

The defence presented a character reference from Alex Brown, who said he had known Fritzgerald for more than 30 years and described her as a close friend.

Mr Brown said he was surprised by her conviction and described Fritzgerald as a friendly and loving philanthropist who had helped him and others.

He said she and her mother provided meals for needy people and that, at her prompting, he gave free haircuts to residents of children’s homes.

Mr Brown asked the court for mercy and understanding and expressed hope that Fritzgerald would eventually be able to resume her role as a mother after her incarceration.

Fritzgerald has a nine-year-old daughter and a 25-year-old son.

Her sentencing will now await the outcome of the November 10 application.