Jury convicts man in killing of New City woman

(New City-WABC, April 5, 2006) (WABC) -- A Rockland County jury has returned a guilty verdict against Douglas Herrera on all 15 charges -- including first-degree murder -- in the death of 42-year-old Mary Nagle of New City.

Eyewitness News reporter Tim Fleischer has the details from the courthouse.

That jury has found Herrera guilty on all 15 counts -- the most serious of those counts is guilty of murder in the first degree. He now stands to spend the rest of his life in prison.

30-year-old Herrera was emotionless as the verdict was read today. The jurors responding by saying guilty, guilty, guilty to all charges stemming from the death of Mary Nagle. Her family and her husband Daniel say this verdict is important.

Daniel Nagle, victim's husband: "I'm glad we reached murder ... victory, the one that we wanted. I think we're here today because of Mary. We're here today for the people of Rockland County and the surrounding people, myself and my family and everyone who lives here."

Ann Falon, victim's sister: "This is a victory for our family today, it's still a sad day."

The jurors spent two and a half hours deliberating in the case. I spoke with juror Wayne Assorto who said: "It was tough. I just hope the family has some peace now and closure. It was really tough."

Herrera now faces life in prison without parole.

The Nagle family, on the other hand, hopes they can move forward. This verdict, they say, is coming in Mary's memory.

Yesterday, Herrera admitted in court that he woke up next to Mary Nagle's blood soaked body. For Mary Nagle's family, it was an extremely emotional day having to listen to all this graphic testimony.

In his own defense, Douglas Herrera claimed he remembered very little that April morning when Mary Nagle's body was discovered in her home where Herrera had come to work.

The 30-year-old Guatemalan painter claims in what he says was a lot of beer and using about $300 dollars worth of cocaine the night before, he showed up at Mary Nagle's house dizzy and smelling of alcohol.

His attorney Barry Weiss asked: "What do you remember?"

Herrera: "Waking up next to the victim."

Weiss: "In the same bed?"

Herrera: "Yes. I was very frightened. I woke up next to her. She was naked and my right leg was over her. I got up."

Weiss: "What did you see?"

Herrera: "I saw a lot of blood, I saw a lot of things in disarray, I saw my clothes full of blood. It was horrible."

Meeting with reporters, Weiss said of his client: "Based on his drinking and cocaine use during that time period, whether he had the mental capacity to commit these crimes."

Prosecutors countered with a quick exchange, asking Herrera: "Did you check to see if Mary Nagle was alive?"

Herrera: "No."

Prosecutor: "You didn't care?"

Herrera: "I was frightened."

Prosecutor: "You didn't care if she was alive?"

Herrera: "No."

Prosecutor: "The reason you didn't check to see if she was alive because you already knew that you had killed her."

Herrera: "I had no reason to do it."

The testimony was so disturbing at times that Daniel Nagle -- Mary's husband -- and her sisters were in tears.

Daniel Nagle: "I'm devastated by the fact that he can sit up on the stand looking at pictures of my wife, pictures that I can't even look at myself, and feel very confident to say that he wasn't there and doing anything."

The testimony earlier was graphic in detail as Rockland County Medical Examiner, Dr. Lone Thanning, described the brutal torture of Mary Nagle as she was raped and murdered.

Thanning: "The injuries just got progressively worse, especially the brutality of the combination of all these forces."

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