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Prosecutors turn to testimony from an earlier trial in the case against a man already serving a life sentence in connection with the murder of an elderly woman.
By CARY DAVIS, Times Staff Writer
© St. Petersburg Times, published September 19, 2002
NEW PORT RICHEY -- Prosecutors on Wednesday continued building a murder case against Ottavio Volpe, using the defendant's own words to show how he planned a jewelry heist that ended with the death of an elderly Gulf Harbors woman.
Volpe, now 44, is charged with first-degree murder, even though prosecutors do not allege that he actually killed 78-year-old Jean Schwarzkopf. He is charged under a state law that says a person who participates in a felony that ends in homicide can be convicted of first-degree murder.
Prosecutors say Anthony Carcione killed Mrs. Schwarzkopf on Sept. 19, 1997. She was found in her closet, bound from head to toe in duct tape, with a red silk flower shoved down her throat.
A medical examiner said Wednesday that the 5-foot-2, 118-pound Mrs. Schwarzkopf, a widow with a taste for expensive jewelry and flashy sports cars, probably lived for several hours after the attack before asphyxiating on her own blood.
Prosecutors say Volpe's obsession with Mrs. Schwarzkopf's 8-karat diamond ring formed the genesis for murder.
Volpe himself provided some of the strongest evidence in the case when he testified against Carcione in federal court in October 2000. On Wednesday, prosecutor Mike Halkitis read to jurors Volpe's testimony from the federal trial.
Volpe said he got to know Mrs. Schwarzkopf through his older brother, who lived near the victim in the Gulf Harbors subdivision of New Port Richey. Volpe said he coveted Mrs. Schwarzkopf's diamond ring and decided to rob her. But he said he "didn't have the guts" for the job, so he called some old friends in Chicago, who recruited Carcione.
Volpe said his instructions to Carcione were clear: "Don't hurt her."
Carcione's response, according to Volpe: "Don't worry about it."
Volpe testified that he drove Carcione to buy duct tape and flowers, then dropped him off near Mrs. Schwarzkopf's house. Carcione posed as a flower delivery man to gain entry to the house, Volpe said.
Carcione left Mrs. Schwarzkopf's house with a duffel bag containing the diamond ring and other jewelry, Volpe said.
Volpe already is serving a life sentence on federal charges related to the murder. But federal prosecutors have promised to seek a reduced sentence for Volpe as a reward for his cooperation. State prosecutors decided to put Volpe on trial to hold him accountable for the murder and make sure he never gets out of prison.
Volpe faces life in prison without parole if convicted this week.
Carcione, who also is serving a federal life sentence, is scheduled to be tried in state court later this month. He faces a possible death sentence.
-- Cary Davis covers courts in west Pasco County. He can be reached in west Pasco at 869-6236, or toll-free at 1-800-333-7505, ext. 6236. His e-mail address is cbdavis@sptimes.com.