The Post

A ‘rare and extraordin­ary’ murder

William Yesler stabbed his wife, Ann Yesler, to death in their Auckland home in 2005. He was released after only two years in prison. For the first time, the Parole Board has revealed why. Katie Kenny reports.

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William Yesler’s offending was ‘‘rare and extraordin­ary’’, according to the Parole Board as well as to police officers, psychiatri­sts, and lawyers.

The Auckland couple led a relatively quiet life until Yesler brutally killed his wife, Ann, on January 19, 2005.

The case didn’t even make the news at the time, and was first made public last year as part of The Homicide Report, the first publicly searchable database of New Zealand homicides.

The 63-year-old claimed he had no intention or recollecti­on of killing his wife. He put forward an unusual defence known as automatism, representi­ng a loss of control and lack of intent when committing a criminal offence.

It has been used to acquit people who committed crimes while sleepwalki­ng, in diabetic shock, or during an epileptic fit. For obvious reasons, it’s treated with a great deal of skepticism.

Yesler wasn’t acquitted but he was let off relatively lightly. He was charged with murder but was found guilty of manslaught­er, sentenced to four-and-a-half years’ imprisonme­nt but granted parole after two years.

An American by birth, he returned home after his sentence.

For more than a year, Stuff has been fighting for access to the Parole Board’s decision. Now, it’s clear the decision was heavily influenced by strong support from the victim’s family.

‘‘It is, we believe, quite exceptiona­l in such circumstan­ces for the family of the victim to be so supportive of the man who was found guilty of the manslaught­er of their family member,’’ it says.

Ann Yesler’s sister visited Yesler in prison, and has previously told Stuff she believed he wasn’t culpable.

Psychiatri­c reports given to the board suggested Yesler was unlikely to reoffend and posed ‘‘no real risk’’.

‘‘We are quite satisfied on the evidence before us that there is no real risk to the safety of the community,’’ the decision said.

‘‘The killing was an automatic

reaction which had no basis of premeditat­ion, and was ultimately manslaught­er in a most unusual category.’’

A ‘psychologi­cal blow’

Ann Yesler was born Ann Sandelin in Christchur­ch in 1945. Her husband was born in New Jersey, in the United States. They met while skiing in Pennsylvan­ia and later moved to New Zealand in part to escape credit card debts.

The couple bought an adult video store where William Yesler worked six days a week. However, their debts continued to pile up. When he killed his wife on the evening of January 21, 2005, he was — the defence argued — in the throes of developing a full-blown depressive disorder.

Despite his profession he was conservati­ve, and when Ann Yesler made a comment about turning to sex work — perhaps jokingly, though it’s unclear — he suffered a ‘‘psychologi­cal blow’’ and was unable to control or even recall his actions.

When he came to he had a knife in his hand, sticky with blood, and his wife was dead.

Sir Peter Williams, QC — perhaps New Zealand’s bestknown defence lawyer — represente­d the accused.

During the trial, experts questioned the legitimacy of the automatism defence (some psychiatri­sts explain it as a neurologic­al condition, while others aren’t convinced such a degree of dissociati­on is even possible).

One psychiatri­st called by the Crown said the accused displayed narcissist­ic traits: ‘‘I note that [the accused] remains preoccupie­d with his own distress — his inability to kill himself and his desire to be killed by others. Rather than expressing sadness, distress, or remorse for [Ann Yesler’s] death.’’

Witnesses described him as easily irritated with a tendency to lash out. Police officers who dealt with him said they thought he was lying and putting on a ‘‘persona’’.

While the jury didn’t accept William Yesler was acting in an automatic state when he killed his wife, they found his level of consciousn­ess was clouded, affecting his ability to appreciate the consequenc­es of his actions.

Justice Graham Lang took a holistic approach. He told Yesler: ‘‘Whilst you may have appreciate­d, albeit dimly, what you were doing, you had no real insight into the consequenc­es of your actions.’’

‘Exceptiona­l’ reasons

Police officers who dealt with him said they thought he was lying and putting on a ‘‘persona’’.

The Parole Board initially refused to share its decision to release Yesler, citing privacy concerns.

Stuff complained to the Ombudsman, who ruled that the board shouldn’t have withheld the informatio­n.

Chief Ombudsman Peter Boshier said: ‘‘I consider that there is a heightened public interest in the Parole Board’s accountabi­lity in cases such as this, where it uses exceptiona­l reasons for its decision making. I am of the view that the public interest in this case is sufficient­ly high to require the release of informatio­n explaining the reasons for the Parole Board’s decision.’’

Parole conditions meant Yesler had to live at an approved address as well as undertake psychologi­cal assessment and any other counsellin­g or programmes recommende­d by his probation officer.

‘‘We believe that with appropriat­e ongoing assistance and both familial and community support [Yesler] is likely to live as he has throughout his earlier life in an appropriat­e and sensible way,’’ the decision said.

Sources said that since Yesler’s return to the United States, he has been employed and hasn’t put a foot wrong. His current social circle doesn’t know about his criminal past.

The Homicide Report covers 1068 men, women, and children who were killed from January 2004 to March 31, 2019. Almost 400 of those cases involved family violence. Half of all women victims were killed by a male partner or ex-partner.

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 ?? JEMMA CHEER ?? Ann Yesler was killed by her husband, William Yesler, in 2005.
JEMMA CHEER Ann Yesler was killed by her husband, William Yesler, in 2005.

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