STATE OF NEW YORK : COUNTY OF DUTCHESS COUNTY COURT

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THE PEOPLE OF THE STATE OF NEWYORK - againstSTEPHEN SHAND, Defendant. INDICTMENT
#82/2011

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Dated the 12th day of Aug ust, 2011 THE GRAND JURY OF THE COUNTY OF DUTCHESS, by this Indictment, accuses STEPHEN SHAND of the crime of MURDER IN THE FIRST DEGREE, A CLASS A-I FELONY, in violation of Section 125.27, Subdivision (1)(a)(vii) of the Penal Law of the State of New York, committed as follows: The said defendant, being more than eighteen years old, in the Town of Hyde Park, County of Dutchess and State of New York, on or about the 19th day of March, 2011, with intent to cause the death of another person, caused the death of Kathryn Filiberti, by strangling and drowning her, and Kathryn Filiberti was killed while the defendant was in the course of committing, attempting to commit and in the furtherance of the crime of Rape in the First Degree.

SECOND COUNT AND THE GRAND JURY AFORESAID, by this Indictment, further accuses STEPHEN SHAND of the crime of MURDER IN THE FIRST DEGREE, A CLASS A-I FELONY, in violation of Section 125.27, Subdivision (1)(a)(vii) of the Penal Law of the State of New York, committed as follows: The said defendant, being more than eighteen years old, in the Town of Hyde Park, County of Dutchess and State of New York, on or about the 19th day of March, 2011, with intent to cause the death of another person, caused the death of Kathryn Filiberti, by strangling and drowning her, and Kathryn Filiberti was killed while the defendant was in the course of committing, attempting to commit and in the furtherance of the crime of Rape in the First Degree.

THIRD COUNT AND THE GRAND JURY AFORESAID, by this Indictment, further accuses STEPHEN SHAND of the crime of MURDER IN THE FIRST DEGREE, A CLASS A-I FELONY, in violation of Section 125.27, Subdivision (1)(a)(vii) of the Penal Law of the State of New York, committed as follows: The said defendant, being more than eighteen years old, in the Town of Hyde Park, County of Dutchess and State of New York, on or about the 19th day of March, 2011, with intent to cause the death of another person, caused the death of Kathryn Filiberti, by strangling and drowning her, and

Kathryn Filiberti was killed while the defendant was in the course of committing, attempting to commit and in the furtherance of the crime of Kidnapping in the First Degree.

FOURTH COUNT AND THE GRAND JURY AFORESAID, by this Indictment, further accuses STEPHEN SHAND of the crime of MURDER IN THE SECOND DEGREE~ A CLASS A-I FELONY, in violation of Section 125.25, Subdivision (1) of the Penal Law of the State of New York, committed as follows: The said defendant, in the Town of Hyde Park, County of Dutchess and State of New York, on or about the 19th day of March, 2011, with intent to cause the death of another person, caused the death of Kathryn Filiberti by strangling and drowning her.

FIFTH COUNT AND THE GRAND JURY AFORESAID, by this Indictment, further accuses STEPHEN SHAND of the crime of MURDER IN THE SECOND DEGREE, A CLASS A-I FELONY, in violation of Section 125.25, Subdivision (3) of the Penal Law of the State of New York, committed as follows: The said defendant, acting alone, in the Town of Hyde Park, County of Dutchess and State of New York, on or about the 19th day of March, 2011, committed and attempted to commit Rape in the First Degree, and in the course of and furtherance of such crime, caused the death of a person other than one of the participants, to wit: Kathryn Filiberti.

SIXTH COUNT AND THE GRAND JURY AFORESAID, by this Indictment, further accuses STEPHEN SHAND of the crime of MURDER IN THE SECOND DEGREE A CLASS A-I FELONY, in violation of Section 125.25, Subdivision (3)
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of the Penal Law of the State of New York, committed as follows: The said defendant, acting alone, in the Town of Hyde Park, County of Dutchess and State of New York, on or about the 19th day of March, 2011, committed and attempted to commit Rape in the First Degree, and in the course of and furtherance of such crime, caused the death of a person other than one of the participants, to wit: Kathryn Filiberti.

SEVENTH COUNT AND THE GRANO JURY AFORESAID, by this Indictment, further accuses STEPHEN SHAND of the crime of MURDER IN THE SECOND DEGREE, CLASS A-I FELONY, in violation of Section 125.25, Subdivision (3) of the Penal Law of the State of New York, committed as follows: The said defendant, acting alone, in the Town of Hyde Park, County of Dutchess and State of New York, on or about the 19th day of March, 2011, committed and attempted to commit Kidnapping in the First Degree, and in the course of and furtherance of such crime, caused the death of a person other than one of the participants, to wit: Kathryn Filiberti.

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EIGHTH COUNT AND THE GRAND JURY AFORESAID, by this Indictment, further accuses STEPHEN SHAND of the crime of KIDNAPPING IN THE FIRST DEGREE, A CLASS A-I FELONY, in violation of Section 135.25, Subdivision (3) of the Penal Law of the State of New York, committed as follows: The said defendant, in the Town of Hyde Park, County of Dutchess and State of New York, on or about the 19th day of March, 2011, abducted another person, to wit: Kathryn Filiberti, who died during the abduction and before she was able to return and be returned to safety.

NINTH COUNT AND THE GRAND JURY AFORESAID, by this Indictment, further accuses STEPHEN SHAND of the crime of PREDATORY SEXUAL ASSAULT, A CLASS A-II FELONY, in violation of Section 130.95, 'Subdivision (1) of the Penal Law of the State of New York, committed as follows: The said defendant, in the Town of Hyde Park, County of Dutchess and State of New York, on or about the 19th day of March, 2011, committed the crime of Rape in the First Degree, in that he engaged in sexual intercourse with another person, to wit: Kathryn Filiberti by means of forcible compulsion and in the course of the commission of the crime, and the immediate flight therefrom, caused serious physical injury to the victim of such crime, to wit: Kathryn Filiberti.

TENTH COUNT AND THE GRAND JURY AFORESAID, by this Indictment, further accuses STEPHEN SHAND of the crime of PREDATORY SEXUAL ASSAUL TJ A CLASS A-II FELONY, in violation of Section 130.95, Subdivision (1) of the Penal Law of the State of New York, committed as follows: The said defendant, in the Town of Hyde Park, County of Dutchess and State of New York, on or about the 19th day of March, 2011, committed the crime of Rape in the First Degree, in that he engaged in sexual intercourse with another person, to wit: Kathryn Filiberti who was incapable of consent by reason of being physically helpless, and in the course of the commission of the crime, and the immediate flight therefrom, caused serious physical injury to the victim of such crime, to wit: Kathryn Filiberti.

District Attorney

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A TRUE BILL

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Jocelyn Nadeau Foreperson of the Grand Jury Fourth Term - 2011

PEOPLE v. STEPHEN SHAND ALIBI DEMAND L.1974,ch.420 C.P.L. Section 250.20 PLEASE TAKE NOTICE, that if you or any of you intends to offer a trial defense, that at the time of the commission of the crime or crimes charged you were at some place or places other than the scene of the crime or crimes, and to call witnesses in support of such defense, you must, within eight (8) days from the date of service hereof, serve upon the District Attorney of Dutchess County, and file a copy thereof with the Court, a "Notice of Alibi" reciting: a) The place or places where you claim to have been at the time of the commission of the alleged crime or crimes. The names, the residential addresses, the places of employment, and the addresses thereof, of every such alibi witness upon whom you intend to rely.

b)

PLEASE TAKE FURTHER NOTICE, that if at trial you call such an alibi witness without having served the demanded Notice of Alibi, or if having served such a notice, you call a witness not specified therein, the People will move to exclude any testimony of such witness relating to the alibi defense. Yours, etc., WILLIAM V. GRADY Dutchess County District Attorney 236 Main Street Poughkeepsie, New York 12601 (845) 486-2300

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