PHILADELPHIA (KYW Newsradio) — A sentencing hearing on Wednesday became heated for a man who had pleaded guilty to third-degree murder in the death of an elderly Philadelphia man he lived with.
Defendant Michael Ciaccia, 33, asked Judge Barbara McDermott to recuse herself from the case. He said he thought she was biased because she is a lesbian and the victim was gay. In response, McDermott suggested that, by that standard, straight judges would have to recuse themselves from handling any cases involving victims who were straight. She denied the motion.
McDermott also told Ciaccia he could not withdraw his guilty plea of third-degree murder. Ciaccia had admitted to beating 70-year-old Robert Derer to death and hiding his body for more than a week. Derer's body, 80% of it covered in bruises, was found wrapped in plastic bags, inside a large plastic bin.
Derer, known as "Uncle Bob" to his family, allowed Ciaccia, his brother Andrew, and Andrew's girlfriend Vanessa Pena, to live in his house on Fillmore street rent-free.
The Ciaccia brothers and Pena were all charged in connection with Derer's death. Michael was the alleged ringleader and killer. The other two defendants pleaded guilty to lesser charges.
His defense attorney said Michael's life was filled with verbal and physical abuse, and drugs. He said Michael met Derer at a club, and the two got close and eventually moved in together. Their relationship was left unclear.
A woman with whom Michael had a relationship with, and who said she was his best friend, told the judge he was a wonderful, loving father who her daughter needs in her life.
The victim's family said Derer was gentle and loving and the center of their family, and his kindness led to his death.
In the end, McDermott sentenced Michael to 25 - 50 years in prison.
Michael had said he will likely appeal both the plea conviction and the sentence.
In a negotiated deal with prosecutors, Andrew was sentenced to 10 years probation for abuse of corpse, kidnapping for ransom and conspiracy charges. He pleaded guilty to those charges in March.
