Thursday, July 20, 2000 Older Editions

Iron bars for plastic surgeon

By Rebecca Piro and Neil Fater

Wearing handcuffs and leg irons, former plastic surgeon James Kartell learned he will spend the next five years in prison Wednesday.

Judge Isaac Borenstein gave Kartell five to eight years for the manslaughter conviction he received after shooting Janos Vajda, the man his estranged wife called her "betrothed."

James Kartell is led into the courtroom to hear his sentencing Wednesday.

The judge told the 61-year-old Kartell that the sentence will allow "your being free someday and rejoining the community."

The sentence was read after Borenstein heard from Vajda's three daughters, and received 16 letters from Kartell supporters.

"He wasn't perfect, but he was my father, and he was taken away from me in a brutal and inhuman manner," said Eszter Vajda, the oldest of the three daughters.

She asked that Kartell receive the maximum sentence for manslaughter, 20 years.

"Hands are made for healing and helping, but not for hurting," said Bernadette Vajda. She called Kartell's shooting "simply unforgivable."

For his part, Kartell offered an apology.

He said he wished life was like a computer, and came with an "undo button," so he could wipe out the night of Feb. 23, when he shot Vajda twice, once in the stomach, and a second time in the back of the head.

A juror who has spoken with the Townsman said it was this second shot that convinced everyone on the jury that Kartell had to be found guilty of at least manslaughter.

"Words fail me to express the depth of sorrow that I feel about this very tragic incident," said Kartell. "I apologize to the Vajda family."

Kartell was removed from the courtroom almost immediately after Borenstein read his sentencing decision.

Borenstein told the Vajdas that although "your request for a lengthy sentence is very understandable," he could not base his decision on sympathy, or an eye-for-an-eye philosophy. At the same time, Borenstein said the incident could not be dismissed simply because it happened so quickly.

"You have to allow that the event took one minute, but the circumstances have to be looked at in context. You have no excuse for homicide," he said.

Prosecutor Fred McAlary and the Vajdas said they were disappointed with the decision, while defense Attorney J.W. Carney said he would immediately mail an appeal of the conviction.

Carney had waited to hear if Kartell would receive probation before mailing the appeal. Borenstein could have given Kartell anywhere between probation and 20 years for his manslaughter conviction.

Serving as a spokeswoman for the family, Eszther Vajda said, "We're all strong women, and we will find stregnth within us."

"A more serious sentence would have been appropriate. I feel sorry for the Vajda family and Holy Family Hospital," said McAlary.

Holy Family Hospital President William Lane was not permitted to read a statement into the record about how the shooting, which occured at the hospital, affected the staff there.

Borenstein did hear from one of the 16 letter writers who defended Kartell.

After the sentencing, Kartell's secretary, Gail Palermo, also offered her verbal support.

"At the drop of a hat, he was there fro me. he was there for whatever you needed, whatever he could do," she said. "In terms of his sentence, he's prepared to do whatever he needs to do to pull himself together."

"I know what losing a father is like, Of course I feel for them (the Vajdas),{ said Susan Carelli, another Kartell supporter. "But on the other hand, I know the type of person Kartell was."

Kartell's lawyers said he was disappointed with the sentencing and felt the judge did not give enough weight to the letters sent on his behalf.

"Some judges have imposed probation in manslaughter cases. The fact of a person's death does not require a prison sentence," said Carney.