Kathryn Filiberti was raped and murdered
by jamaican predator Stephen Shand

Police believe Stephen Shand killed Kathryn simply for the fun of it.

Shand pleads not guilty in Kathryn Filiberti killing

[INDENT][INDENT]Stephen Shand, the man accused of killing Hyde Park woman Kathryn Filiberti, pleaded not guilty today in Dutchess County Court at his arraignment on an indictment charging him with raping, strangling and drowning her.

The 10-count indictment, unsealed Thursday before Judge Stephen L. Greller, charges 23-year-old Shand with three counts of first-degree murder, four counts of second-degree murder, one count of first-degree kidnapping and two counts of first-degree predatory sexual assault.

Shand was sent back to Dutchess County Jail.

A lawyer for the Public Defender's Office had requested bail be set, but it was denied due to the seriousness of the charges and because Shand's visa has expired.

Shand is next due in court on Sept. 8 for a status conference.

The indictment accuses Shand of killing the 18-year-old Dutchess Community College student "by strangling and drowning" her on March 19.

Filiberti's body was found that day in the woods of Greentree Park in Hyde Park.

At the time of the slaying, Shand worked for his sister, who had a contract with the Poughkeepsie Journal, delivering papers in the Hyde Park area.

Investigators said they believe Shand encountered Filiberti while he was delivering newspapers and she was walking home before dawn after leaving a party.

The two apparently did not know each other before that morning, police said.

Senior Assistant District Attorney Edward McLoughlin, who is in charge of the prosecution, declined to comment on the indictment Thursday.

But some details about the circumstances surrounding the killing are expected to be made public in court papers filed at the arraignment or shortly thereafter.

Shand, who lives in Hyde Park, was taken into custody by sheriff's deputies Aug. 10 and has been in the county jail without bail since his arrest.

Multiple counts

Defendants in cases in which there is a single victim are often charged with multiple counts of murder, based on various theories of how and why the victim was killed.

In this case, the top three counts are based on a provision in state law that defines when first-degree murder charges may be lodged.

The charges stem from the prosecution theory that Filiberti was intentionally
murdered while Shand was committing each of three other felonies — kidnapping and two acts constituting rape.

Three of the four second-degree murder charges allege Shand was committing the felonies of kidnapping and sexual assault and Filiberti died in the course of the commission of those crimes, regardless of whether the actual killing was intentional.

The fourth second-degree murder charge accuses Shand of intentionally killing Filiberti.

One of the predatory sexual assault charges accuses Shand of causing Filiberti physical injury while forcibly having sexual intercourse with her.

The other accuses him of doing so while Filiberti was "physically helpless."
First-degree murder is a felony punishable by a maximum sentence of life in state prison without the possibility of parole and a minimum sentence of 20 years to life in prison.

Second-degree murder, first-degree kidnapping and first-degree predatory
sexual assault are all felonies punishable by a maximum of 25 years to life in prison and a minimum of 15 years to life.
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Shand pleads not guilty in Kathryn Filiberti killing | The Poughkeepsie Journal | poughkeepsiejournal.com