Michael Apelt Murders Wife In Arizona

Michael Apelt was sentenced to death by the State of Arizona for the murder of his new wife

According to court documents Michael Apelt would take out a large insurance policy on his new wife and a month after their wedding he would murder her

Michael Apelt and his brother Rudi Apelt had moved to the USA from Germany and immediately began conning woman. Rudi would help his brother murder his new wife a day after the insurance policy kicked in. Rudi would receive a life sentence

Michael Apelt would be arrested, convicted and sentenced to death

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Michael Apelt Case

In August 1988, the defendant, his brother Rudi Apelt, Rudi’s wife Susanne, and Michael’s ex-girlfriend Anke Dorn, all German citizens, traveled to San Diego, California. The defendant and his brother met two women in a nightclub. Cheryl Rubenstein and Trudy Waters lived in Phoenix and were in San Diego to cater a party for Cheryl’s brother. They spent the evening chatting with the Apelts. Because Michael’s English was not very good and Rudi’s was worse, communication was difficult until they found an interpreter among the other patrons of the bar. The Apelts first claimed to be wind surfing board manufacturers, then Mercedes importers. Rudi denied being married. Before leaving, the women gave the Apelts their addresses and phone numbers.

Approximately two weeks later the Apelts flew to Phoenix. Cheryl picked them up at the airport and took them to a hotel in Mesa. They soon moved to a nearby Motel 6, but pretended to be staying at the Holiday Inn, a more expensive hotel nearby. After a couple of weeks, they flew back to San Diego, picked up Anke Dorn and returned to Phoenix. Susanne, Rudi’s wife, returned to Germany.

Over the next month the brothers met and “conned” a series of women, spinning tales of wealth and intrigue. The immediate goal of at least some of their ruses was to get money and other assistance. They were looking for a woman to marry Michael.

On October 6, the Apelts met Annette Clay at Bobby McGee’s, a bar and restaurant. Rudi claimed to be an international banker. Annette gave him her phone number, and Rudi called her on Saturday. She met the Apelts at Bobby McGee’s that evening, and introduced them to her friends, Cindy and Kathy Monkman. Michael Apelt immediately focused on Cindy and spent the evening dancing and talking with her. He said several times “you’re the woman I want to marry” and “me you marry.” He and Rudi claimed to be computer and banking experts.

During the next week Annette and Cindy saw the Apelts several times. When Cindy noticed that after the Apelts visited her apartment she was missing over $100 in cash, she and Annette began to get suspicious. They questioned whether the Apelts were actually staying at the Holiday Inn and, by calling several hotels in the area, discovered that the Apelts were registered at the Motel 6.

When confronted with this information, the Apelts insisted that there was some mistake. That evening, after dropping the Apelts at the Holiday Inn, the women located their room at the Motel 6 and discovered Anke Dorn.

The next day, the Apelts were furious and claimed that the women’s snooping destroyed their “high security clearance” and cost them their jobs and their work visas. They explained that Anke was a family friend whose husband was in the hospital. *354 The women were apologetic and suggested various ways they could help the Apelts get their jobs back or find new jobs, but the Apelts refused these suggestions. Finally, in frustration, Annette exclaimed “what do you want us to do, marry you?” The Apelts replied, “yes.”

Rudi moved into Annette’s apartment and Michael moved into Cindy’s. Annette discussed with Rudi the possibility of a sham marriage so that he could work in the United States, but Rudi insisted that he loved her and that if they married it would be forever. He also insisted that they keep the marriage secret. Rudi had been staying with Annette less than a week when Annette discovered that the story regarding Anke was a lie. Annette asked Rudi to leave and did not see him again. Rudi and Anke moved into a motel. Thereafter, Michael told Annette several times that Rudi had returned to Germany. Cindy also believed that Rudi and Anke had left the country.

On October 28, 1988, Cindy and Michael Apelt were married in Las Vegas. They did not tell anyone about the marriage. On November 7, at Michael’s suggestion, they consulted Doug Ramsey about a million dollar life insurance policy. Cindy believed Michael Apelt was wealthy and that purchasing large insurance policies was a customary investment practice for couples in Germany. Ramsey informed them that they could not get such a large policy but that they might qualify for a $400,000 policy. They filled out an application, and Cindy wrote a check for the first month’s premium.

Around this time, and continuing up to the time of the murder, the Apelts and Anke began a series of shopping sprees. They looked at expensive Piaget and Rolex watches, at one time contracting to buy three for a total price of approximately $130,000. They looked at expensive boats and cars, arranging to buy two Jaguars for $144,000 and two Toyota Supras for about $66,000. Their pattern was to fill out a purchase contract, make a nominal down-payment with assurances that they would pay cash upon receiving money from sources in Germany, and then never return. They drove to the stores and car dealers in Cindy’s Volkswagen.

During one of the first shopping trips, Michael Apelt told Anke that if Cindy died an unnatural death, he would be rich. By this time they were without funds. Michael paid most of Rudi’s and Anke’s expenses with Cindy’s money, even though Cindy’s income from her two part-time jobs was very modest. She withdrew over $4,000 from an account from October through December 1988.

On November 25, Ramsey informed Michael Apelt and Cindy that they could only get a $100,000 life insurance policy. They executed a change form and, on November 30, applied for a $300,000 policy from another company.

Early in December, Rudi and Anke reserved a rental car for December 9, specifically requesting one with a large trunk. Around this time, Ramsey informed Cindy that the second insurance company would not approve their application for a $300,000 policy until it had more background and financial information. Cindy provided the needed information, and Ramsey resubmitted the application. In the interim, Rudi cancelled the car reservation.

On December 22, 1988, Ramsey informed Cindy and Michael that the $300,000 policy was approved and would be effective after Cindy gave him a check for the premium. He also delivered the $100,000 policy.

On the morning of December 23, Cindy and Michael Apelt took the Volkswagen in for some repairs and rented a Subaru. Cindy was busy getting ready to leave the next day for Illinois with her sister Kathy. She made plans to meet her friend Annette for dinner at 8:00 p.m. to exchange gifts. She also planned to bring along Maria, a young woman she had been counseling.

The Apelts also were busy. Michael Apelt took Rudi and Anke to a rental agency where they rented the car with the large trunk that they had originally reserved for December 9. Late in the afternoon, Michael returned to Rudi’s and Anke’s motel room. Michael told them that they could have a *355 “lot of money” if he killed Cindy. They agreed to kill Cindy that evening. They made plans to meet in front of a German restaurant and proceed from there to the desert, where Cindy would be killed. Michael stated that he would bring Cindy and make sure she could not see where they were going.

Cindy spoke with her father on the phone and then had a telephone conversation with Maria from 6:50 p.m. to 7:00 p.m. confirming that she and Michael Apelt would pick her up at 7:45 p.m. Maria heard Michael arriving in the background.

Anke and Rudi drove their rented car to the German restaurant at around 7:00 p.m. and waited. Michael Apelt drove by in the Subaru approximately 15 minutes later, but Anke did not see Cindy in the car. Anke and Rudi followed Michael on Main street toward a desert area where they had earlier practiced shooting a crossbow. Rudi turned off the road when he reached this location, but Michael continued on. Rudi drove around in the desert for a while before spotting Michael’s car. He drove toward it, stopped some distance away, and got out of the car after ordering Anke to remain. He returned to the car after about five minutes and both he and Michael drove to the motel where Anke and Rudi were staying. The brothers showered and changed clothes.

The Apelts and Anke met at Bobby McGee’s at 10:30 p.m. and asked for a table for four. After waiting a while, ostensibly for Michael’s wife, they ordered dinner. Michael and Rudi discussed their alibi. They had several drinks after dinner in the lounge area and then went to another nightclub. Michael arrived home at around 2:00 a.m. on December 24th after leaving Rudi and Anke at their motel.

There were many calls on the answering machine from Annette, Kathy, and Maria, all of whom were worried because Cindy failed to show up for dinner or call Kathy as planned. Annette called again and spoke with Michael Apelt, who told her that Cindy left the house at around 7:00 p.m. after receiving a phone call from an angry man. He claimed that she said she had to meet someone and would meet Michael at Bobby McGee’s at 10:00 p.m. Annette came over to the apartment and called the police. She noticed that Cindy’s purse was still in the apartment. A police officer came and spoke with Michael and Annette. Michael told his story to the officer.

Cindy’s body was found in the early afternoon of December 24th. She had been stabbed once in the lower chest and four times in the back. Her throat had been slashed so deeply that her head was nearly severed from her body. There were a tremendous number of bruises on her face and body. Police found a length of nylon cord and a blood soaked beach towel near her.

There were many tire tracks in the area, although only two were clear enough to be of use. These were consistent with the tires on the car driven by Anke and Rudi. There was also a fairly good shoe impression near the body and a partial shoe print on the victim’s face as though the murderer had kicked or stepped on her head. These were later found to be consistent with a particular style of Reebok tennis shoes.

Anke and Rudi were interviewed later that day and corroborated Michael’s story. They claimed they saw Cindy leaving the apartment at 7:00 p.m. as they were arriving, at which time she promised to meet them later at Bobby McGee’s. When questioned, Michael denied owning tennis shoes.

Late on the evening of December 25, Rudi and Anke accompanied Michael Apelt as he drove the rented Subaru around the Salt River bottom. He drove erratically, making hard turns and slamming on the brakes in an effort to change the tread of the tires so they could not be linked to the murder scene. Two of the tires had to be replaced after the car was returned to the rental agency because they had flat spots caused by his driving.

Michael Apelt borrowed some money, using the insurance policy as collateral, and the threesome flew to Illinois for Cindy’s funeral on December 31st. Although Michael cried at the funeral, Kathy saw him laughing *356 and being jovial as he drove away after the service. That evening, Michael Apelt told Anke that Cindy had signed her own death warrant when she signed the insurance papers, but he regretted killing her.

The Apelts and Anke returned to Phoenix on January 2nd. The next morning they flew to Los Angeles and paid a homeless man $20 to record the following message over the phone and onto Cindy’s answering machine: Hear what I have to talk. I have cut through the throat of your wife and I stabbed and more frequently in the stomach in the back with a knife. If I don’t get my stuff, your girlfriend is next and then your brother and last it is you. Do it now, if not, you see what happens. My eyes are everywhere.

They then returned to Phoenix. Michael Apelt contacted Detective Davis, a police officer who spoke fluent German, and asked him to translate the message. Detective Davis listened to the message over the phone and instructed the Apelts to bring the tape to the police station the next day.

The police had discovered the insurance policy and identified Michael Apelt as a possible suspect in Cindy’s murder. The bogus taped threat confirmed their suspicions and, fearing that Anke or the Apelts might leave the country, the police arranged to have a surveillance team watch them on the night of January 5. Eleven officers were deployed around the apartment complex at 5:30 p.m. Shortly after 8:30 p.m. one of the officers knocked on the Apelt’s door to make sure they were home. When Michael answered the door, the officer asked for a fictitious person and was told he had the wrong apartment. Immediately after this, Rudi and Michael called the police and reported that three tall black men had just appeared at their door and threatened them. The surveillance team was contacted, and they confirmed that this had not occurred. Detective Davis told the Apelts and Anke to come to the police station the next day to make composite sketches of their assailants.

Accordingly, on January 6th, Anke and the Apelts went to the police station. The police spoke with Michael and Rudi individually and played along with them by preparing artist’s sketches. After leaving Anke in the lobby for a couple of hours, the police began interrogating her. They urged her to tell the truth. They threatened her with prosecution, promised her immunity in exchange for her confession, and showed her photographs of Cindy’s body in an appeal to her conscience. Anke confessed and the Apelts were arrested.

On January 9th, the police searched Cindy’s apartment pursuant to a warrant. They seized a number of items, including the Apelts’ shoes, the crossbow, and business cards that led the police to some of the jewelry stores and car dealerships that the Apelts visited on their shopping sprees. They also seized two rolls of film that contained pictures of Michael wearing tennis shoes with tread matching the footprint and impression left at the murder scene.

While the brothers were in jail, Anke wrote to Rudi several times. These letters, which contained various incriminating statements reflecting Anke’s version of the events surrounding the murder, were seized pursuant to two search warrants.

Michael Apelt sent Rudi a note in German that, translated, stated in part: I have a guy who is getting out in two-four days and then we’ll be free in one to two weeks. It won’t matter if the police have anything or not. We’re in jail and won’t be able to have done that, so don’t do anything, okay! Because when a woman is dead, the same thing will have happened, we’ll be free and I’ll have the money because the police won’t be able to do anything.

The note was intercepted by a fellow inmate and turned over to the police. After the police interviewed this inmate, they obtained and executed a search warrant of Michael’s, Rudi’s, and adjoining cells. Police seized other communications between the brothers, several of which were introduced at trial.

Michael Apelt and Rudi were tried separately. Anke was granted immunity from prosecution in exchange for her testimony at both *357 trials. Michael was convicted of both charges and sentenced to death for murder and life imprisonment for conspiracy. A notice of appeal of the murder conviction and death sentence was filed automatically by the clerk of the superior court and Michael Apelt filed a notice of appeal of his conspiracy conviction and sentence. Rudi was also convicted on both charges. State v. Rudi Apelt, 176 Ariz. 369, 861 P.2d 654 (1993).

https://law.justia.com/cases/arizona/supreme-court/1993/cr-90-0246-ap-pc-2.html