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Miami County Prosecutor Bruce Embrey put out a press release today explaining the state's position on a plea agreement made with Dr. Gregory Konrath.

 Konrath was sentenced in the Miami County Superior Court today on two stalking charges by Judge Dan Banina. In that hearing, Banina sentenced him to 10 years. He will serve one year in the Indiana Department of Correction, one year on Community Corrections, and will spend eight years on probation.

Konrath had been originally charged with Attempted Murder after his girlfriend recorded a conversation she had last year with Konrath where he explained how he was going to kill his ex-wife.

In his press release, Embrey indicated that his hands are basically tied, legally speaking, in this case because Konrath did not take as many steps as needed to uphold a conviction for attempted murder. 

Embrey very thoroughly explains the law and cases which would lead him to determine there was not enough to prosecute the attempted murder. He also has released the trascript of the recorded phone conversation between Konrath and his girlfriend, who he was convicted of stalking while out on bond, in which Konrath is very clearly discussing the steps he planned to take in killing his ex-wife. 

Peru Miami News is running both the press release and the transcript in their entirity. Readers should be warned there is very harsh language in the transcript and we are running it in it's entirity. It is not recommended for readers under 18 years of age.

PRESS RELEASE

January 20, 2014

From The Office of the Prosecuting Attorney for Miami County, Indiana, Concerning the Sentencing of Gregory A. Konrath

In July, 2014, Miami County Sheriff's Detective, Mike Rogers, received evidence that Gregory Konrath was planning to murder his wife. The evidence was in the form of an audio tape made by Konrath' s then girlfriend, as Konrath himself related to her the details of his plan. They were vacationing together in Puerto Rico. It included a discourse by Konrath of the meticulous planning he had undertaken; such things as selecting the right ammunition, getting a gun that could not be traced, researching what reaction her body would have to being shot in the head, what clothes he would wear and where he would dispose of his clothing after the murder.

It also included a statement that he had planted ammunition in her house that matched the ammunition in the gun, to support the appearance of a suicide. The ammunition was later discovered, so he had completed that portion of his plan. The recording was chilling and led us to believe he was quite serious about taking the life of his former wife. His girlfriend was frightened enough that she left him in Puerto Rico and hurried back to the United States, where she informed authorities of the conversation.

There was also a clear motive. The Konraths were divorced in the state of Illinois, and he owed his wife over a million dollars in maintenance and more than $300,000.00 in back support for their children. Because he failed to appear at his final divorce hearing, the judge used his prior year's income of $1.7M in setting maintenance and support, and in dividing property.

The recording provided more than adequate probable cause for the issuance of a warrant for Attempted Murder. "Attempt" is defined in Indiana law as follows: "A person attempts to commit a crime when, acting with the culpability required for the commission of the crime, the person engages in conduct that constitutes a substantial step toward the commission of the crime." It was our view that the detailed planning and research Konrath had done, together with the planted ammunition and selection of a gun and clothes, constitutes a "substantial step." All of those items were found in searches, as was the gun. Their discovery added significantly to our view that he was serious.

Subsequent to the filing of the charge, and in preparation for trial, we discovered an Indiana Court of Appeals case, Collier v. State of Indiana, 846 N.E.2d 340, a 2006 case, that stands in our way. In that case, Collier told friends he was going to kill his wife on a particular night. He asked friends to care for his animals, and disclosed that he was on his way to kill her as she left the hospital where she was employed. He drove to the hospital with a box cutter and ice pick and waited in the parking for her. Fortunately, one of his friends notified the police and he was apprehended in the parking lot with the box cutter and ice pick. He had dozed off before his arrest.

In Collier, the Court of Appeals explicitly stated that preparing and planning to commit a murder is not enough; the perpetrator must be within close proximity of the person and have taken substantial steps to begin the crime. The Court used as an example an attempted murder with a firearm and states that a perpetrator must be physically within the weapon's reach of the victim to be convicted of attempted murder. In the Konrath case, because of the swift actions of the Miami County Sheriff's Department, Konrath was arrested long before Ana Konrath could be placed within the reach of his weapon.

The Court of Appeals overruled a jury decision that a substantial step toward the commission of a crime had been committed. While the language was not specifically used, it appears that an active step toward commission of the crime must be taken, which seems to us to place potential victims in great peril. Nevertheless, given that construction of the statute, we have concluded that going forward with an Attempted Murder charge is not reasonable. This particular incident cannot be stalking because in order to file a stalking charge, the victim must have known he or she was in peril. Mrs. Konrath was unaware of the plans for her murder. There is no charge for planning a murder, unless another party is enlisted, in which case there is a conspiracy to commit murder. That was not the case here.

So that you may more fully understand our situation, attached to this release is a copy of the audio recording of the conversation between Konrath and his girlfriend, taken directly from her iPhone.

For the reasons stated herein, a decision was made to agree to a plea to two counts of stalking. These particular stalking charges are separate and distinct from any potential stalking that took place in connection with the attempted murder. These charges rise from conduct on the part of Konrath after he was released on bond, and his actions were in direct violation of a Protective Order that was in place as a condition of his bond. He was also required to give up his passport as a condition of bond. There was concern that he would flee to Mexico, where he has a wife. After his release on bond, he had passport and ID photos taken, leading us to be concerned about his intent to flee.

We firmly believe that actions taken by Miami County authorities saved the life of Ana Konrath. The Plea Agreement was discussed with both victims, and they accepted it.

Issued by:
Bruce C. Embrey, Prosecuting Attorney

To read the full transcript of the conversation between Konrath and his Girlfriend, click HERE.

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