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Nikolay Soltys Facing Seven Murder Charges

Aired September 4, 2001 - 16:45   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JOIE CHEN, CNN ANCHOR: All right. Here is news happening right now. This is Sacramento, California, the Sacramento Supreme Court, the arraignment for Nikolay Soltys, 47 years old, accused of killing his pregnant wife, son, and four other members of his family. The arraignment is under way. Let's listen.

(JOINED IN PROGRESS)

JUDGE PATRICK MARLETTE: ... I understand you've already had consultations with Mr. Soltys.

TOMMY CLINKENBEARD, ATTORNEY FOR NIKOLAY SOLTYS: Yes, and we've determined that he has qualified for the services of the public defender's office.

MARLETTE: All right, then. The public defender's office is appointed.

I should not for the record that I've received and granted extended media coverage request for this arraignment.

Mr. Attorney, do you have an amended complaint?

PROSECUTOR: Yes, we do. We've already (OFF-MIKE)...

MARLETTE: All right. Mr. Clinkenbeard, do you have a copy of that?

CLINKENBEARD: Yes, I would acknowledge receipt of the complaint, waiving full reading of the complaint. Just for the record, Judge, I would object to the presence of media during the arraignment.

MARLETTE: I understand that. Do you stipulate that Mr. Soltys has been advised of his constitutional rights?

CLINKENBEARD: Yes, I do.

MARLETTE: All right, Mr. Soltys, in the complaint filed in this court today and signed August 31st, 2001 by supervising deputy district attorney (UNINTELLIGIBLE), you're charged in count 1 with a violation of section 187 of the penal code. That is a serious felony.

It's alleged on August 20th, 2001, you did unlawfully and with malice and forethought murder Lyubov Soltys, a human being. It's also alleged in the course of that offense you used a knife.

In count 2, you're charged with a violation of section 187(a), penal code, also alleging on August 20th, 2001 you did with malice and forethought murder Baby Soltys, a human being. It's alleged in the course of that offense you also used a knife.

Count 3 charges that on the same date, you committed a violation of section 187(a) of the penal code in that you did unlawfully and with malice and forethought murder Galina Kukharskaya, a human being. And it's alleged you unlawfully used a knife in the course of that offense.

Count 4 alleges that on August 20th, 2001, you unlawfully and with malice and forethought murdered Petr Kukharskiy. (UNINTELLIGIBLE) alleges that you used a knife in the course of that offense as well.

Count 5 charges the murder of Tatyana Kukharskaya on August 20th, 2001, alleging that you murdered her with murderous -- with malice and forethought, and you unlawfully used a weapon the course of that offense.

Count 6 alleges the August 20, 2001 murder of Dimitriy Kukharskiy, also alleging the use of a knife.

And count 7 alleges the August 20th, 2001 murder of Sergei Soltys with malice and forethought. It's also alleged that you used a knife in the course of that offense.

It's alleged that the offenses charged in counts 1-7 are a special circumstance within the (UNINTELLIGIBLE) penal code section 192 -- pardon me, 190.2(a)3.

Mr. Clinkenbeard?

CLINKENBEARD: Just, it would be my request to put this matter over for the proceedings on October 2nd this year, this department at 1:30.

MARLETTE: District attorney?

PROSECUTOR: That's fine, Your Honor.

MARLETTE: Mr. Soltys, you're ordered to appear back in this department October 2nd at 8:30.

UNIDENTIFIED MALE: That's 1:30.

MARLETTE: Pardon me?

UNIDENTIFIED MALE: Clinkenbeard said 1:30.

MARLETTE: Pardon?

UNIDENTIFIED MALE: Clinkenbeard said 1:30.

MARLETTE: Oh, Mr. Clinkenbeard...

CLINKENBEARD: Yes.

MARLETTE: ... not at 1:30, at 8:30.

CLINKENBEARD: OK, that's fine.

MARLETTE: All right.

CHEN: (UNINTELLIGIBLE) over the arraignment for Nikolay Soltys. He, of course, is a 27-year-old Ukrainian immigrant man who was living in the Sacramento area. You'll remember back on August 20th he was accused of assaulting two locations -- claimed the lives of his pregnant wife, his son and four other family members.

There was quite a bit of a manhunt under way, about 10 days long, before they were able to locate Nikolay Soltys at his mother's backyard just last week.

Joining us outside the courthouse, the superior courthouse, in Sacramento is CNN's Rusty Dornin, who's been following the developments there -- Rusty.

RUSTY DORNIN, CNN CORRESPONDENT: Well, Joie, as you may have heard, there were seven counts of murder which he is being charged with, and one of those counts is for something that they're referring to as the Baby Soltys. That is the unborn child of his wife. The district attorney here felt that she would be able to get that count because the fetus must be at least 7 or 8 weeks old in order for him to be eligible to be charged with another count of murder.

Now, earlier today, Jan Scully, refused to say whether she would seek the death penalty in this case, although he is eligible as a result of the special circumstances which have been charged.

Now, the defense attorney has said that he has been able to see Nikolay Soltys, but it was very difficult for him to get access to him. Apparently, it was a day and a half before he was able to interview his client. He feels because of that there may be a possibility that he might be able to have at least part of that confession suppressed.

So we're standing by here to have a press conference from the defense attorney here in Sacramento -- Joie.

CHEN: CNN's Rusty Dornin covering the events out at the Sacramento Superior Court in Sacramento. Again, the arraignment proceeding for Nikolay Soltys, the 27-year-old Ukrainian immigrant, accused of killing his wife, pregnant wife's, son, and four other members of his family in August.

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