During the early morning hours of September 4, 2004 Cutler resident, defendant James Fleming age 62, committed numerous violent crimes upon his estranged wife.

The evidence established that soon after retiring to bed for the evening the victim was awakened by a loud noise. At one point, while still in bed, she turned and opened her eyes whereupon she observed the defendant, standing at the foot of her bed. Within seconds, the defendant began his brutal attack which would last approximately three hours.

The case proceeded to trial on February 6th, 2007. During the prosecution’s case evidence was produced showing at the time of the attack the victim was separated from the defendant and living alone in a rural area of Cutler. In fact, just days prior to the attack the victim had applied for a restraining order against the defendant. Evidence established that the defendant learned the victim had applied for the order whereupon he became extremely angry.

For three hours defendant sexually and physically assaulted his wife. There were pools and trails of blood throughout the house. Most disturbing was the fact that throughout much of the assault the defendant repeatedly bludgeoned his wife with a barbell weight. Defendant made his intent to kill his wife very clear. Defendant told the victim that he was going to kill her and them himself. He told the victim this was going be their last day on earth together and that she would never see morning.

Upon the final blow to the head with the barbell weight, the victim collapsed to the ground with ringing in her ears. In an effort to save her life, the victim played dead so the defendant would stop beating her. The beating did stop and the room became silent. At this point the defendant believing he had accomplished his act of murder, left the victim lying naked on the kitchen floor in a pool of blood. The victim was covered in injuries, bleeding profously, her fingernails on both hands broken off from the struggle, her head split open from front to back, her face and body covered in bruises and cuts, and the interior of her thighs bruised from the sexual attack.

The victim suffered absolutely horrendous injuries from head to toe and sexual related injuries which were all presented to the jury. A sexual assault nurse testified at trial and explained how the injures were consistent with the forcible sex crimes charged.

Defendant’s naked body was covered in his wife’s blood. Defendant, believing his wife was dead, sat down on the couch and fell asleep. The hour was now nearing 3 am. As it became quiet, the victim, barely clinging to life, was able to reach the phone and make a call which ultimately saved her life. Defendant was unaware the 911 call had been placed.

A Tulare County Dispatcher testified regarding the 911 call. The victim in pain, thinking she was going to die, begged the dispatcher for help as she relayed the horrific facts surrounding the assault.
Tulare County Sheriff deputies soon rescued the victim and arrested the defendant who was still at the crime scene.

The victim informed the emergency room nurse at Kaweah Delta District Hospital that her estranged husband, the defendant, was mad at her because he found out she had obtained the restraining order against him.

The defense introduced evidence that the defendant suffered post traumatic stress disorder as a result of having served in Vietnam. The People did not dispute the claim of post traumatic stress disorder. The People argued that such a disorder was no defense to the crimes charged. The prosecution’s cross-examination of the defense psychiatrist revealed that the proposed defense failed to show a causal connection between the disorder and the defendant’s criminal actions on the night he attacked his wife.

In the end, the jury agreed and outright rejected the defense evidence. The defendant was convicted on all ten felony counts including premeditated attempted murder, spousal rape, use of a deadly weapon, causing great bodily injury, false imprisonment with force, spousal abuse, criminal threats, and several other forcible sex crimes and special allegations.

Defendant was sentenced on April 11th, 2007 before the Honorable Judge James Hollman in the Visalia Superior Court. At sentencing Judge Hollman stated that in his opinion the defendant’s serving in Vietnam had absolutely nothing to do with his commission of the current offenses. Judge Hollman stated that there are veterans who have seen combat who do great things with their lives and do not become criminals. Judge Hollman made it clear that this was one of the most horrific cases ever heard in his courtroom. The defendant’s prior criminal record included a prior “Strike” offense for robbery with use of a firearm. The defendant’s criminal history dates back to 1963. The defendant has served several prison terms in both federal and state prisons. Due to the nature of the current crimes and defendant’s prior criminal record, the defendant received 137 years to Life in Prison.

The case was prosecuted by Nicholas Schuller, Deputy District Attorney assigned to the Major Crimes Unit and investigated by Detective Gary Hunt of the Tualre County Sheriff’s Office Violent Crimes Unit.

The contact person is Assistant District Attorney Carol Turner.