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Slain Merrill Lynch banker Robert Kissel was a
strict disciplinarian whose rough handling of his children resulted in an
injury to the elbow of his younger daughter, the High Court heard in the murder
trial of his wife Nancy Kissel.
Nancy Kissel, who is out on bail, is accused of murdering the American banker
with a heavy metal ornament on the night of November 2, 2003. She denies the
charge.
At the time, she told one of her domestic helpers that a cocaine-fuelled Robert
Kissel had assaulted her and kicked her in the ribs.
She had told the police at the time that he was drunk and had beaten her after
she refused to have sex with him.
The prosecution alleges that the accused served a pink milkshake laced with
sedatives that left the banker unconscious that night, facilitating the murder.
It read out a written statement Tuesday from a doctor who said that Nancy Kissel
bought 10 Rohypnol tablets, known as the ``date-rape'' drug, for HK$4,705 on
October 23, 2003.
Also Tuesday, the family's domestic helper, Conchita Pee Macaraeg, who came here
for the trial from caring for the children in the United States, faced her
second day of questioning as a witness.
Pee Macaraeg said she only once saw the accused use a Velcro strap to support
what seemed to be injured ribs.
Nancy Kissel's senior counsel, Gary Plowman, suggested to Pee Macaraeg during
cross-examination that, during a Christmas holiday in Phuket in 1999, Robert
Kissel's rough handling of the children caused an injury to the elbow of the
younger of the daughters.
According to Plowman, Robert Kissel and the daughters had been playing and
jumping on the bed, when he received a phone call.
``Because Mr Kissel was having difficulty with the mobile phone call, he left
the bedroom, pulled the child off the bed and told her to behave herself,''
said Plowman.
The young girl then went crying to her mother, ``and I suggest Robert again
pulled her by the arm,'' he said.
An ambulance was called to tend to the girl's elbow and an argument ensued
between Nancy and Robert Kissel about his rough handling of the children.
Pee Macaraeg said this was not true.
According to her, the daughters had been playing on the floor of the living room
in the holiday villa when the elder sister jumped over the younger, landing on
her elbow and breaking it.
Pee Macaraeg did, however, agree that the disciplining of the children was an
issue between the couple.
``Is it right that Mr Kissel was a strong personality?'' Plowman asked.
``Yes,'' replied Pee Macaraeg.
``And he was a man who liked to be in control of his family?'' he continued.
The domestic helper said she did not notice.
Plowman reminded Pee Macaraeg that she had told Nancy Kissel's lawyers in an
interview December 14, 2003, that twice a week she would find a whisky glass in
the kitchen sink when she awoke in the morning.
``I don't remember saying that,'' said Pee Macaraeg.
She said she only remembered noticing a cracked whisky glass in the sink once.
She never saw him drinking whisky.
Plowman showed Pee Macaraeg an e-mail from Nancy Kissel to her husband at his
office in late October 2003. The subject of the e-mail was ``$$'' and it read:
``As I owe Connie [Pee Macaraeg] HK$5,000, can you please bring that back home
tonight? I can't take any out.''
``Did it appear to you that Mr Kissel was withholding money from Mrs Kissel?''
Plowman asked.
``I don't think so,'' she replied.
She said she was given access to Nancy Kissel's ATM cash card, which had a daily
limit of $7,000, and now and then she would be unable to withdraw any money
because the limit had been exceeded.
Monday, Pee Macaraeg said she noticed that Michael del Priore, the alleged
secret lover of the accused, had visited the couple's Vermont home after work
hours as ``a huge favor'' to repair the telephone.
``Did you tell [Robert Kissel] about Mike's visits?'' Plowman asked Tuesday.
She said that when Robert Kissel called from Hong Kong, ``he told me he learned
from the younger daughter that Michael had visited'' and wanted to know what
time he came.
``Did you tell Mr Kissel about that visit or did he already know about that
visit?'' Plowman asked.
Pee Macaraeg replied: ``He asked me, therefore he knew about it.''
``So does it come to this. Mr Kissel was asking questions about Michael's visits
based on what his children had told him?'' Plowman asked.
``Yes,'' she replied.
Speaking in Tagalog through a translator, Pee Macaraeg said she regarded the
accused as a friend, but Nancy Kissel's ``attitude'' started to change
gradually after her third child.
By late 2002, Pee Macaraeg said she had turned from a ``bubbly'' personality to
a person prone to mood swings with a ``hot temper.''
``Before, whenever she got angry, we would talk afterwards and reconcile and say
sorry to each other.
``But after the change, whenever she became angry, there was no reconciliation,
she would continue to be angry, we wouldn't talk to each other anymore,'' she
said.
But Nancy Kissel's generosity towards her never changed, said Pee Macaraeg.
Nancy Kissel had trusted her with her cash card, given her a laptop and an
Aberdeen Marina Club card independent of her employers, as well as HK$30,000 to
renovate her house in the Philippines.
The former domestic helper, Maximina Macaraeg, was not shown such trust or
generosity and did not accompany the family on holidays.
The alleged murder weapon, a heavy metal ornament consisting of two figurines on
a base, was shown to the judge and jury again Tuesday.
They were also
allowed to test the weight of the ornament for the first time.
The trial continues today before Justice Michael Lunn.
albert.wong@singtaonewscorp.com
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