December 30, 2020 • 45 mins
Mother of two, Larissa Schuster, was going through a bitter divorce from her husband, Timothy Schuster. She’d told friends that she wanted her soon to be ex-husband dead and that she could do it and get away with it. So when Timothy went missing without a trace, Larissa quickly became the prime suspect in his disappearance. When police questioned one of Larissa’s co-worker’s the truth began to spill out and officials were shocked and horrified. The media would go on to call her The Acid Lady.
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Music is Drumming in the Rain Instrumental by Chad Crouch
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Resources:
https://en.wikipedia.org/wiki/Larissa_Schuster
https://murderpedia.org/female.S/s/schuster-larissa.htm
https://caselaw.findlaw.com/ca-court-of-appeal/1557281.html
Website: https://thestudentsverdict.wixsite.com/mysite
Email: thestudentverdict@gmail.com
All Links: https://linktr.ee/thestudentverdict
Merchandise: https://www.bonfire.com/the-students-verdicts-first-collection/
Patreon: https://www.patreon.com/thestudentverdict
Music is Drumming in the Rain Instrumental by Chad Crouch
Ad: Pineapple Pizza Podcast
Resources:
https://en.wikipedia.org/wiki/Larissa_Schuster
https://murderpedia.org/female.S/s/schuster-larissa.htm
https://caselaw.findlaw.com/ca-court-of-appeal/1557281.html
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:11):
Mother of two, Larissa Shuster wasgoing through a bitter divorce from her husband,
Timothy Shuster. She told friends thatshe wanted her soon to be ex
husband dead and that she could doit and get away with it. So
when Timothy Shuster didn't show up toretrieve his son Tyler from Larissa per their
(00:32):
custody agreement, alarm bells rang andLarissa quickly became the prime suspect in his
disappearance. When the police learned thetruth from Larissa's co worker, they obtained
search warrants. Following the execution ofthat search warrant, police found a fifty
five at Gallon Barrel, and themedia would go on to call Larissa Shuster
(00:57):
the acid Lady. Hello everybody,and welcome to episode twenty of The Student's
Verdict Podcast. What a satisfying wayto end twenty twenty with episode twenty.
(01:18):
This was not planned, by theway. Thank you for joining me on
another true crime adventure. To allof you new listeners, welcome, Pull
up a chair. My name isEmily and I'm your host. If you
haven't already, please come and listento some of our earlier episodes, including
I Represented a Serial Killer and theDeadly Drug Trial. Please follow me on
(01:40):
all the socials, Instagram at theStudent Verdict Pod, Twitter at student Verdict,
and on Facebook, where I havea page and a group for us
to chat and share. If youmissed anything I just said, links are
in the show notes. As always, If you enjoyed the show, please
consider leaving me a review. Ifyou don't like me or the show,
(02:02):
then please keep your opinions to yourself. As always, resources used in this
episode will be linked in the shownotes. In the show notes, you'll
also find links to the Student's Verdictmerchandise and my Patreon page. Any support
you'd like to give is hugely appreciated. Now, with all of that said,
(02:24):
let's jump into today's episode. LarissaForeman was born in Clarence, Missouri,
on the first of January nineteen sixtyto parents Charles and Dianne Foreman.
As a student, Larissa attended theUniversity of Missouri, where she studied biochemistry.
(02:46):
Whilst working at a nursing home,Larissa met Timothy Schuster, who was
attending nursing school. Like Larissa,Timothy had also grown up on a farm
in Golden, Illinois. The couplemarried in nineteen eighty two and went on
to have two children, a daughter, Kristin, born in nineteen eighty five
(03:07):
and a son, Tyler, bornin nineteen ninety. Shortly before Tyler was
born, the family moved to Fresno, California, where Larissa took a job
at an agricultural research lab. Shewould later go on to open her own
lab, called Central California Research Labsor CCRL, where she would specialize in
(03:31):
biochemistry for the agricultural industry. Larissawas very successful in her field, and
in two thousand the family was ableto move to a large home in Clovis,
California, and by two thousand andone, records showed she was earning
one hundred and sixty thousand dollars,double what her husband earned as an administrator
(03:55):
at Saint Agnes Medical Center. AsLa Rissa worked long hours getting her business
up and running. Neighbors reported thatshe routinely left the house at six thirty
am and wouldn't return home until seventhirty PM, leaving Tim to take on
the mother and father role. Bytwo thousand and one, Larissa and Tim's
(04:17):
marriage had started to deteriorate, andin February two thousand and two, Larissa
had filed for divorce. Larissa complainedof Tim's supposed impotence and would later admit
to having had an affair in nineteenninety three. Despite the divorce proceedings,
(04:38):
neither spouse moved out at first,opting to sleep on two different floors of
the home. Around the fourth ofJuly two thousand and two, while Larissa
was away visiting relatives in Missouri,Tim packed up his things and left the
family home. When Larissa came homeand realized she was furious, asked someone
(05:00):
who came to her house to workon a barbecue if he would help her
enter Timothy's residence and retrieve some ofher property. On the eighth of August
two thousand and two, Larissa askeda chemist at CCRL Leslie for Chera to
rent a storage unit at Security PublicStorage, which was located a couple of
(05:20):
miles from the lab. Larissa toldfor Chera she wanted to store some things
she wished to keep hidden from Timothy. For Chera rented unit A one eight
two in her own name, andthen turned the entry code and instructions over
to Schuster. A couple of dayslater, on the tenth, Timothy returned
(05:40):
home from a trip to find hisresidence ransacked and items he had shared with
Larissa were gone. Included in themissing items was the report Timothy had been
using to document his involvement with Tylerfor custody purposes. Larissa would later tell
people she and James for God wereresponsible. She told her manicurist she had
(06:02):
gone back a couple of times becauseit gave her a feeling better than sex,
to sit in a chair and lookat what she had done. She
admitted she keyed Timothy's pickup and thatit was like a trophy, which gave
her a happy feeling every time shesaw the key mark on the side of
his truck. This behavior caused thecouple's relationship to deteriorate further. As a
(06:29):
result of Larissa's actions, Timothy hadan alarm system and motion sensors installed at
his home, and he even obtaineda handgun and a concealed weapon permit.
Larissa asked for Chara if her boyfriendknew anyone who could rough somebody up.
She also said that she prayed everynight her ex husband would die. She
(06:54):
also told a fellow member of herchurch choir that she would do everything in
her power to keep Timothy from gettingher business. These are just a few
of the odd things Larissa would say. She even asked the barbecue repairman if
he would go to Timothy's house stunhim with a stun gun when he answered
(07:15):
the door, whilst she would bewaiting a couple of houses away. Funnily
enough, it seems as though hewasn't up for the idea. On the
thirtieth of April two thousand and three, a blue fifty five gallon barrel was
purchased and sent to CCRL. Althoughit was not the type of barrel normally
used at the lab, Larissa supposedlytold staff it was for yard clippings.
(07:43):
At the lab, they had anumber of different acids on site, including
hydrochloric, sulfuric, and acitic.However, very little of these acids was
actually used for Chera reported that inher experience, no more than a bottle
of hydrochloric acid would be used ina single year. It was particularly strange,
(08:07):
then, when Larissa placed an orderbetween the thirteenth of June and the
second of July for three cases ofhydrochloric acid and one case of sulfuric acid
to be delivered to CCRL. Eachof these cases contained six lots of two
and a half liter bottles of acid. Before things start getting really interesting in
(08:31):
this episode, I'm going to takea quick break here to share an awesome
new podcast on the block with youcalled Pineapple Pizza Podcast. This podcast is
destined for big things. Welcome toa Pineapple Pizza podcast where we serve up
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(08:56):
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(09:22):
But a cap is like no insome stories. This long narrow sheet
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And Lindsay is the storyteller, soput your trade in the upright position.
We're flying back over to northern Italyfor a fun little legend and I
(09:45):
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snack? Phineapple Peak a podcast stopon by for a slice a story La
Coming January twenty twenty one. Onthe ninth of July, Timothy and his
(10:13):
good friend Mary Solace sadly lost theirjobs at Saint Agnes. On the evening
of the night, Timothy had dinnerwith Mary and Bob Solace and Victor Oribay
Junior. Timothy left the Solaces homeat a round ten pm, having arranged
to meet them the next morning.It therefore struck the Solaces as really weird
(10:35):
when Timothy failed to show up fortheir meeting and for his scheduled exit interview
at the hospital. Victor Ribey stoppedby Timothy's house and found his vehicle in
the driveway, but when he knocked, no one answered the door. With
growing concerns about Timothy's well being,the police were called, and having completed
(10:58):
a cursory search of the house,authorities didn't find anything overtly suspicious. There
were no signs of forced entry ora struggle. With this, the Solaces
were told that they had to waittwenty four hours to file a missing person's
report. On the tenth of July, when Larissa arrived at work, she
(11:18):
was complaining about a pain in hershoulder, she told everyone that she had
heard it by working out earlier inthe week. That evening, Timothy failed
to show up for the scheduled exchangeof custody of Tyler. Larissa told her
manicurist she had a feeling that thedivorce was finally going to go her way.
(11:39):
On the eleventh of July, havingwaited the required twenty four hours,
Robert Solis filed a missing person's reportwith the Clovis Police Department. Officer John
Willow attended Timothy's address. When searchingthe property, he found a number of
important items. He found a gununder the cushion on a chair near the
(12:03):
front door. He also found Timothy'smobile phone. He scrolled through the phone
and called every number to see ifany one had had contact with Timothy.
When he spoke to Larissa, shetold him she hadn't heard from Timothy.
However, when the authority spoke toher manicurist, who informed them of the
(12:24):
troubles relating to the couple's pending divorce, the police felt it required further investigation.
When detectives Vincent Wibert and Larry Kirkhartsearched Timothy's house later that afternoon,
they found some damage to the ponywall behind the chair on which the gun
was found, as if the chairhad been forcibly pushed into the wall.
(12:46):
Inside a briefcase in the same roomthere was a mic, croacusette, recorder,
and tape. Police then turned theirattention to the phone in the master
bedroom. The caller i D recordshowed one call received at two o two
am. This call was from LarissaShuster's phone number. With this and the
(13:09):
information regarding the couple's divorce, DetectiveKirkhart arranged for Larissa to come to the
police department to speak with detectives.During the interview, which was conducted by
detectives Kirkhart and Wibert, Shuster explainedthat she and Timothy were going through a
divorce and that they had had problemscommunicating, meaning they would sometimes go for
(13:31):
weeks without talking or even exchanging emails. Larissa told officers that the last time
she heard from Timothy was on Tuesdaythe eighth. Timothy had told her he
was planning to pick Tyler up onThursday at six pm. She had last
seen Timothy in person on Saturday,the fifth of July. She explained that
(13:52):
when Timothy failed to show Larissa andTyler tried to contact him, but without
success. Larissa told police that shehad learned of Timothy losing his job on
Thursday evening, and out of concern, had called him around eight thirty PM.
When he didn't answer, she lefthim a message asking him to call
(14:13):
her back. She said the lasttime she called Timothy that night was around
ten thirty PM. She drove byhis house and knocked on the door at
ten thirty or ten forty five pm, after which she didn't try to contact
him any further. When asked aboutthe day Timothy had last been seen the
(14:35):
Wednesday when he saw the Solaces,Larissa recalled that she had worked all day.
Her shoulder had been hurting, soshe and Tyler watched a movie that
evening, and she had fallen asleepon the couch. When she woke up,
it looked like her mobile phone hadbeen dialed. She thought she must
have rolled over and hit a buttonor something. Officers asked her if she
(15:00):
had Timothy's number on speed dial.Larissa said she thought she did. She
denied talking to Timothy or calling himintentionally. Detective Whybert told Larissa that the
last incoming call to Timothy's phone wasfrom her phone number. Larissa insisted she
had no explanation for that and didnot have a conversation with him. During
(15:24):
the interview, Detective Kirkhart offered Larissaa ride home. She declined, saying
that she had her own car.Detective Kirkhart then offered her water and left
the room to go and get it. Detective Whybert followed. Detective Whybert went
to speak with the friend who attendedthe police station with Larissa, but found
(15:46):
no one. Whybert then went outinto the police station car park. There
was only one vehicle parked out front, and it was Larissa's Lexus. As
Whybert looked through the car window,he saw Larissa's phone sitting on the center
console. When he called Larissa's number, the phone began to ring, confirming
(16:08):
that it belonged to her. DetectiveWhybert passed on the information to Detective Kirkhardt.
Larissa accompanied detectives to her car andwas allowed to retrieve the phone.
As they walked back to the interviewroom, officers noticed she appeared more nervous
as her hands shook. It alsoappeared to them like she was trying to
(16:32):
manipulate the phone in her hands.Detective Whybert asked to see the phone,
and Larissa handed it over. DetectiveWhybert determined that none of the speed doll
numbers belonged to Timothy. When Larissaasked for water, detectives left the room,
but they continued to monitor her fromoutside the interview room. When Detective
(16:53):
Whybert returned, Larissa claimed that shehad found Timothy's number under Tyler's name,
but had just accidentally deleted it.Later, she admitted that she had made
the call to Timothy's house. Thereason she called him, she explained,
was because she wanted to make surethat there would be no trouble on Saturday,
(17:14):
because she was afraid Timothy would notreturn Tyler from visitation in time for
their trip. Larissa said that Timothywas half asleep, and she estimated the
call was less than thirty seconds long. Larissa apologized for having not told the
detective sooner, but promised she wasn'tbeing deceitful and did not know what had
happened to Timothy. Detectives continued toquestion Larissa about the church she and Detective
(17:40):
why Bert attended. How detectives couldreach her while she was away, and
arrangements were made for Schuster to bringKirkhart a notebook. She discovered that Timothy
had been keeping about her. Thenthe interview ended. The next day,
Tammy bell Shay, who had accompaniedLarissa to the police station, went to
(18:00):
Larissa's house. Larissa was still upsetabout the police interview, how the police
had caught her in a lie,and how they might tap her phones or
put a tracking device in her car. She said if they did that,
they would know that she had goneto the lab at a round two slash
three a m. She told TammyBelchat that this was because she had gone
(18:22):
to put on a sample run forthe chera. Tammy told Lorissa that police
could get such warrants for the laband her home, even though Larissa might
be away on holiday. Larissa laterleft her home and headed to the Fagin's
house. When she arrived, JamesFagin's father, Anthony, approached her.
(18:44):
Loarissa explained that she had come totalk to missus Fagin about some baskets she
had ordered. Anthony Fagin told Lorissashe was not home, and despite Lorissa's
insistance, she simply took the bikeand left. When Loissa returned home,
Tammy told her that the police couldtake her computers and could retrieve anything that
(19:06):
had previously been deleted. Larissa againleft her son in Tammy's care, saying
that she needed to go to thelab to pay bills. What was really
strange was that between noon and twop m. James Fagin came to Loissa's
house. He walked in without knockingor ringing the bell, went upstairs,
came back down quickly and left.Tammy tried questioning him, but he didn't
(19:30):
answer. She described him as lookingpale and sick. After going to the
lab, Larissa contacted Leslie for Cheraand asked for help to find a truck
with a lift gate. Larissa explainedthat she needed it to loan a rototiller,
not sure of I'm pronouncing that rightto a friend. They went to
(19:51):
the U haul location on Blackstone betweenBullard and Sierra, and for Chera rented
a truck in her own name.Larissa left the U haun locations separately from
Fichera, with Fichera driving the rentaltruck. Larissa later picked the rental truck
up from Fichera and rushed off.Fifteen minutes later, she called for Chera
and asked her to meet her atthe U haul place. Fichera noticed that
(20:15):
Larissa had scrapes on her shins andhad blood on her shoe, which Larissa
told her was from a smashed toeincurred while loading the Rota Tiller. Security
Public storage records would later show anentry into and exit from Unit A one
eight two during the time Larissa hadthe rental truck. No other entries were
(20:37):
made between the ninth and fourteenth ofJuly. On Sunday, the thirteenth of
July, Larissa and her son Tylerleft on their trip. The following day,
Fachera found an envelope on her deskat the lab on which Larissa had
simply written banks. Inside the envelopewas a check to the value of just
(20:59):
over five hundred and ten dollars,dated the eighth of July and signed by
Larissa. The memo portion indicated itwas reimbursement for travel and lodging, but
the only money Larissa owed was fortydollars for the rental truck. That evening,
Leslie f Chera and Tammy bell Shaywent to the police. Detective Kirkhart
obtained such warrants for the storage unitthe lab and Larissa's house. Inside the
(21:26):
storage unit, officers found a bluefifty five gallon barrel that contained what looked
like human remains. DNA tests wouldlater confirm that the remains were in fact
those of Timothy Schuster. Only thelower half of his body remained. It
had been placed into the barrel headdown and was floating in fluid that contained
(21:51):
hydrochloric acid. Timothy's body was ina state of early decomposition, with the
time of death possibly being between theninth and eleventh of July. Tissue samples
tested positive for chloroform, which cancause rapid loss of consciousness and incapacitation.
The cause of death was probably thecombined effects of acute chloroform exposure and hydrochloric
(22:17):
acid immersion. Perhaps the most horriblething out of all of this is it
couldn't be determined whether Timothy was aliveor deceased when he was placed into that
barrel. When searching the lab's premises, authorities found a locked enclosure where the
bins were kept. At the bottomof a dumpster, they found a case
(22:40):
of six empty bottles of hydrochloric acid. Forensic analysis of Larissa's work computer showed
that on the thirteenth of June,she searched some rather incriminating terms on Google.
These included acid digestion, tissues,acid digestion and no more tissues,
(23:00):
and sulfuric acid. On the sixteenthof July, Larissa Schuster was arrested at
Saint Louis Airport. When she wassearched, the police found two receipts in
her possession from a store halfway betweenCCRL and the Security Public Storage unit.
Both showed she had made purchases onthe twelfth of July for a few items,
(23:22):
including lysol and air fresheners. Lysolhad been found in a fridge at
CCRL. This was particularly strange assuch a product could lead to contamination at
the lab, so would not havebeen used. Also in her possession was
a card with the storage facility entryinstructions and a code number. During Larissa's
(23:47):
trial, the defense's strategy was topoint the finger at James Fagan. James
Fagan, a twenty five year oldformer employee at CCRL, had been interviewed
by police while Larissa and her sonwere away on holiday. During his interrogation,
James told authorities that Larissa asked himto buy a stun gun and ziptize,
(24:10):
but that he hadn't known exactly whatshe planned to do with them.
He admitted he had helped Larissa burglarizedTim's condo in August two thousand and two.
Larissa allegedly told James there were otherthings that Tim had taken when he
moved out that didn't belong to him. James would later say he thought that
(24:30):
they were going to Tim's house totake back other items that rightfully belonged to
Larissa. As they began to plantheir second burglary, Larissa explained that she
thought Tim might fight back, soJames suggested that they used chloroform to knocked
him out. He'd seen it ina movie. Once, James told authorities
(24:51):
that he truly thought that they werejust going to rob him. James then
revealed that he and Larissa were responsiblefor the disappearance some murder of Timothy Schuster.
The night of Tim's death went somethinglike this. During the evening of
Thursday, the ninth of July twothousand and three, Larissa called James and
(25:15):
told him to get the supplies ready, and they made their way to Tim's
house in Clovis. Arriving outside attwo am, Larissa called Tim's cell phone.
Fagin told authorities that he crept upto the house while Larissa told Tim
that their son, Tyler was sickand that she needed Tim to come to
(25:36):
his front door immediately. When hedid so, he was met by Larissa
and James. James then jolted Timwith a stun gun while Larissa covered his
mouth with a rag doused in chloroform. They then zip tied Tim, driving
his body to Larissa's house. AtLarissa's house, both James and Larissa stuffed
(26:00):
him's body into the blue fifty fivegallon plastic drum and poured in jug after
jug of hydrochloric acid. James toldpolice that Tim might have still been alive
at the time the acid was pouredin. Either way, by the end
of that awful night, Timothy Schusterwas dead and that blue plastic barrel would
(26:26):
be his blue plastic coffin. JamesFagin was charged with first degree murder and
kidnapping and went to trial in Novembertwo thousand and six. His defense was
that Larissa orchestrated the murder and thathe had only acted as an accessory.
To the murder under duress. Jamesmaintained that Larissa had threatened his life,
(26:52):
which is why he acted as hedid. Defense testimony to support this assertion
came from James, his friends,co workers, and even Larissa's friend Terry
Lopez, all of whom testified thatLarissa was very controlling and forceful. Despite
James's attempts to recant his confession,the jury was still shown the footage from
(27:15):
his police interrogation, during which hesaid quote, I held the barrel for
her, put him in, pouredall the solution and she couldn't stand it,
so she said, put it onthe lid on. So I helped
her put the lid on, andshe put it in the shed. When
(27:37):
the jury returned their verdict, JamesFagin was acquitted of the charge of kidnapping,
but was found guilty of first degreemurder and residential burglary. What was
interesting, though, before his sentencing, the jury pleaded to the judge for
leniency on James's behalf, but despitetheir please, the judge sentenced James Fagin
(28:03):
to life without the possibility of parole. So that brings us back to Larissa's
trial. Larissa's trial began on thetwenty second of October two thousand and seven,
more than four years after she wascharged. The trial had to be
moved from Clovis, California, toLos Angeles due to the amount of pre
(28:23):
trial publicity which could unduly influence thejury pool. The media had dubbed Larissa
Shuster the acid Lady. Prosecutors hadalleged to the jury that Larissa attempted to
solicit Tim's murder before believing that shecould get away with it. They told
(28:44):
the jury how Larissa had access toall the chemicals used in the murder,
being that she was a biochemist ina research lab. The jurors heard graphic
and berating phone messages that Larissa lefton Tim's answering machine. The prosecution asserted
that Tim's death would be more profitableto Larissa than their impending divorce settlement.
(29:06):
Tim's life insurance was only thirty thousanddollars and half of their assets were to
be put in a family trust toprovide for the children. However, with
Tim's death, it eliminated the divorcefight, in which Larissa stood to lose
half of the marital estate, includingthe lab business sold in two thousand and
thirteen for two hundred and twenty fivethousand dollars, and the home Enclovis sold
(29:30):
in two thousand and four for sixhundred and seventy five thousand dollars. James
Fagan didn't testify at Larissa's trial,but Larissa did testify in her own defense.
Larissa was on the witness stand forapproximately five days, during which she
flatly denied killing her husband. Shetestified that she had no full knowledge of
(29:53):
the murder and that James was thekiller. She stated that James told her
quote, I heard him say somethinglike there had been an accident and Tim
was dead. I thought he wasjoking. She admitted that she helped him
move Tim's body. When asked aboutthe phone messages on Tim's answering machine,
(30:15):
Larissa replied with quote, it issomething I'm really ashamed about. You have
to realize that is something a resultof many accumulative things. Larissa explained that
the reason for the large amount ofchemicals at her lab were not to be
used for the murder of Timothy,but for a wholesale cleaning of the items
at the lab. During cross examination, Larissa stuck to her contention that she
(30:41):
never solicited James to kill her estrangedhusband. Regarding the two thousand dollars to
James, she said that this hadbeen for babysitting Tyler and house sitting while
she was away. She informed thecourt that the reason CCRL had ordered so
much acid was that it was neededto clean a large order of lab glassware.
(31:03):
Medical experts testified that Tim's body hadbeen cut in half and only his
lower half had been placed in thebarrel. Defense attorney Roger Nuttall used this
line of questioning to imply there wasanother crime scene the police had missed altogether,
and that such undiscovered clues pointed toJames as Tim's actual killer. Nuttall
(31:25):
called a string of witnesses and expertsto try and deflect blame from his client.
Several character witnesses portrayed Larissa as agood mother and a non violent person,
and other witnesses described James as somethingof a wild card who often joked
about committing strange criminal activities. Duringthe trial, Nuttall called a psychiatrist,
(31:49):
Stephen Etzner, who explained to thejury that, in his opinion, Larissa
suffered from battered spouse syndrome caused byTim's passive aggressive behavior and by a previous
abusive relationship. Etsna recalled in hisjailhouse interviews with Larissa how she spoke incessantly
about how Tim had done her wrong. She expressed unhappiness about their relationship as
(32:15):
if he was still alive. ToEtsna, this indicated lingering signs of battered
spouse syndrome. Etsna told the jurythat Larissa's mental health had worsened in the
later years of their marriage, andshe had been prescribed antidepressants. He explained
that Tim and Larissa's personalities were diametricallyopposite, which caused a strain in their
(32:37):
relationship. Quote. MY impression wasthat missus Schuster was a very direct and
assertive person and mister Schuster was amore passive and nurturing personality, and I
think they started butting heads over that. No prizes for guessing what the verdict
(32:57):
was. On the twelfth of Decembertwo thousand and seven, the jury found
Larissa Schuster guilty of first degree murderwith the special circumstance of financial gain after
just two and a half days ofdeliberation. Larissa expressed very little emotion at
the verdict, but behind her TimothySchuster's mother smiled and her own mother sobbed.
(33:23):
On the sixteenth of May two thousandand eight, due to the special
circumstance finding, Larissa was mandatorily sentencedto life without parole. At her mother's
sentencing, Larissa and Timothy's daughter Kristingave a victim impact statement, saying quote,
(33:43):
you've given up all rights as amother, wife, daughter, friend,
and woman. You're a disgrace tothis family, a pitiful excuse for
a human. I pray you're continuallyhaunted at night by the sight and sound
of my father fighting for his lastbreathing moments on this earth. I hope
(34:06):
you toss and turn and have horriblenightmares visualizing the horrific act of violence you
have committed. She ended her statementby saying quote, maybe later in life
I can learn to forgive you,but I doubt it. This is goodbye,
not just for now, but forever. This is goodbye. As your
(34:30):
daughter. Tim's mother, Shirley Shustersaid quote, I can't even imagine his
last hours and the pain he musthave gone through. How I wish I
could have been there to help himwith his pain. As she stared down
the barrel of a life sentence.Larissa Schuster tried to appeal her conviction because
(34:53):
of seven errors of omission or commissionby the trial court. She unsuccessfully sought
to suppress statements she made to policein her interview from the eleventh slash twelfth
of July, arguing that the interviewwas conducted in violation of her Miranda rights.
She argued that the interview became custodialwhen detectives discovered her phone in her
(35:17):
car, hence she should have beenadvised of her Miranda rights. By failing
to do so, Larissa argued thatthe evidence subsequently obtained should have been suppressed.
The trial court found that Larissa's encounterwith police was consensual. A reasonable
person in the same situation would haveunderstood that they were free to go,
(35:38):
and therefore Larissa understood she was freeto go at any time during the interview.
Because there was no custodial interrogation,no Miranda warnings were required. The
trial court therefore ruled that the statementswere admissible. In the prosecution's case in
chief, the appeal court concluded thatalthough the officers never that expressly stated,
(36:00):
Schuster was free to go. Quoteafter independently considering the totality of the circumstances
that a reasonable person in Schuster's positionwould have felt free to terminate the interview
and leave at all times during questioning. This therefore, wouldn't amount to a
ground of appeal. Larissa also contendedthat the trial court committed reversible error and
(36:23):
violated her federal constitutional rights when itdischarged Juror number zero zero one near the
end of the trial. The jurywas sworn in on the eighteenth of October
two thousand and seven, and fromthis date Dura number zero zero one caused
problems. She was consistently late,she would wear sunglasses in the courtroom for
(36:46):
absolutely no reason, and her generalbehavior would distract the other jurors. There
was also the suggestion that Juror numberzero zero one was using her phone when
she shouldn't. The appeal Court concludedthat the trial court did not abuse its
discretion by discharging Dura number zero zeroone or denying Larissa's motion for a new
(37:08):
trial. Since legal grounds to dischargethe juror existed, it follows that the
discharge of the jura did not denyLarissa her federal constitutional rights. Larissa argued
that the trial court aired by refusingto give a requested pinpoint instruction defining the
uncharged crime of accessory. Larissa's proposedinstruction went something like this quote, Larissa
(37:35):
Schuster has admitted to being an accessoryafter the fact. She was not charged
with being an accessory after the fact. To prove that the defendant was guilty
of this crime, the people wouldhave to prove that one another person committed
a felony. Two, the defendantknew the perpetrator had committed a felony.
Three after the felony had been committed, the defendant either harbored, concealed,
(38:00):
or aided the perpetrator. For whenthe defendant acted, she intended that the
perpetrator avoid or escape arrest, trial, conviction, or punishment. She continued,
quote, if the defendant formed anintent to aid after the crime was
completed, then he or she maybe liable as an accessory after the fact.
(38:22):
Factors relevant to determining whether a personis an aider and a better include
presence at the scene of the crime, companionship, and conduct before or after
the offense. End quote. Thetrial court denied Lois's request for a pinpoint
instruction finding accessory after the fact isnot a lesser included offense of the crime
(38:44):
charged, and that courts are nolonger required or allowed to instruct on lesser
related offenses. The appeal court summarizedall of this as follows, quote,
it has never been the law thatan accused is entitled to instructions on offenses
for which she is not charged,in order to urge the jury that she
(39:04):
could not have been convicted of somethingother than what is alleged. Another proposed
appeal ground Larissa argued was that hertrial attorney provided quote, constitutionally deficient representation
when he presented evidence that Larissa sufferedfrom battered spouse syndrome, but then failed
to request an instruction telling jurors howthey could use their evidence to find Larissa
(39:27):
acted under provocation if they found herresponsible for killing Timothy. During the trial,
the psychiatrist Etsna found that Larissa's statementsthat she wished her estranged husband were
dead as a type of passive homicidality, suggesting there was no indication of an
intent to kill the other person.The psychiatrist explained that Larissa's passive wishes for
(39:51):
Timothy to die were a way ofescaping a very bad relationship and so were
consistent with the application of emotional bs s to Larissa's case. It should
be noted that the burden of provingineffective assistance of counsel is on the defendant
with regards to the BSS. Theappeal Court didn't find any authority allowing evidence
(40:15):
a battered spouse syndrome to be admitted. On the issue of provocation, the
court found that the jury was givena comprehensive instruction on provocation and heat of
passion, and nothing in that instructionprecluded consideration of battered spouse syndrome. It
was held that the giving of apinpoint instruction relating to BSS and provocation wouldn't
(40:37):
have made any difference to the verdict. The court therefore concluded that Larissa failed
to establish that her defense counsel lackeda reasonable tactical purpose for the omission or
that Larissa was prejudiced. I promisethat we are almost through the appeal grounds.
Have you noticed when we talk aboutthe appeal grounds in cases like this
(41:00):
there are always so many grounds.The worst I think was the episode when
I covered the Toolbox Killers. Ifyou've listened, you know what I'm talking
about if you haven't, just makesure that you're comfy when you start listening.
That's all I'm going to say,anyway. Larissa raised two claims in
connection with the instructions on the financialgain special circumstance. Firstly, she argued
(41:25):
that the trial court made an errorin answering a question from the deliberating jury
about the definition of that circumstance.And secondly, she argued that the trial
court violated her federal constitutional rights byrefusing her requested unanimity instruction. Larissa stated
(41:45):
that the emphasized language directing jurors tocompare and consider the evidence undermined the presumption
of innocence and lightened the prosecution's burdenof proof by suggesting that Larissa was required
to produce evidence to be compared sojust to make sure that we're all on
the same page. I'm sure youalready know this because you listen to to
(42:07):
crime podcasts all day, every daylike me. But in a criminal trial,
the burden of proof is on theprosecution, meaning it is not for
the defendant to prove his innocence,but for the prosecution to prove guilt beyond
a reasonable doubt. The instruction givento the jury during Larissa's trial was taken
(42:28):
from something called I remember this caseis in America, so this is not
something that I personally am familiar with, but it's called calcrim c al cr
Im number two twenty, which statesthat the fact a criminal charge has been
filed against the defendant is not evidencethat its charge is true. You must
(42:50):
not be biased against the defendant justbecause she's been arrested or charged with a
crime or brought to trial. Whenconsidering whether the prosecution proved their case beyond
a reasonable doubt. The jury thereforehas to impartially compare and consider all the
evidence that was received through the entiretrial. Unless the evidence proves the defendant
(43:12):
is guilty beyond a reasonable doubt,the jury must acquit and find her not
guilty. Quite simply, the Courtof Appeal rejected the argument that calcrym n
Two twenty suggests that the defendant isrequired to produce evidence, and so rejected
this proposed ground of appeal. Finally, Larissa contended the cumulative effect of errors
(43:34):
committed at her trial rendered the proceedingsfundamentally unfair, thereby violating her right to
due process. Again very simply.The Court of Appeal stated the following quote.
Since we conclude there were no errors, it follows that there was no
cumulative prejudice. Larissa received a fairtrial. I feel like they just got
to a point where they were bored. They were bored of hearing her grounds.
(44:00):
They had no merit, so theyjust said it's all good. We're
not going to say any more thanthat. So with all of that,
after his mother's prison sentence was upheldby the Court of Appeal, Tyler went
to live with his maternal grandparents.This is Dianne and Charles Foreman, who
(44:20):
are obviously Larissa's mum and dad.Kristin, the daughter, the Schuster's daughter,
alleges that the communication she has withher brother is limited, and she
worries that he won't know the fullstory from his grandparents. Kristin now has
a young son, who she saysshe plans to talk to about his grandfather
(44:40):
who is in heaven. So that'swhere our story ends today, with Larissa
Shuster and James Fagan still behind bars. Thank you so much for joining me
today. The Student's Verdict is abi weeekly podcast, so please follow us
on social media to hear about ournext episod. The Student's Verdict can be
(45:01):
found anywhere you listen to podcasts,including Spreaker, YouTube and iHeartRadio. See
you on the next one, andremember to keep living the dream.
Mother of two, Larissa Shuster wasgoing through a bitter divorce from her husband,
Timothy Shuster. She told friends thatshe wanted her soon to be ex
husband dead and that she could doit and get away with it. So
when Timothy Shuster didn't show up toretrieve his son Tyler from Larissa per their
(00:32):
custody agreement, alarm bells rang andLarissa quickly became the prime suspect in his
disappearance. When the police learned thetruth from Larissa's co worker, they obtained
search warrants. Following the execution ofthat search warrant, police found a fifty
five at Gallon Barrel, and themedia would go on to call Larissa Shuster
(00:57):
the acid Lady. Hello everybody,and welcome to episode twenty of The Student's
Verdict Podcast. What a satisfying wayto end twenty twenty with episode twenty.
(01:18):
This was not planned, by theway. Thank you for joining me on
another true crime adventure. To allof you new listeners, welcome, Pull
up a chair. My name isEmily and I'm your host. If you
haven't already, please come and listento some of our earlier episodes, including
I Represented a Serial Killer and theDeadly Drug Trial. Please follow me on
(01:40):
all the socials, Instagram at theStudent Verdict Pod, Twitter at student Verdict,
and on Facebook, where I havea page and a group for us
to chat and share. If youmissed anything I just said, links are
in the show notes. As always, If you enjoyed the show, please
consider leaving me a review. Ifyou don't like me or the show,
(02:02):
then please keep your opinions to yourself. As always, resources used in this
episode will be linked in the shownotes. In the show notes, you'll
also find links to the Student's Verdictmerchandise and my Patreon page. Any support
you'd like to give is hugely appreciated. Now, with all of that said,
(02:24):
let's jump into today's episode. LarissaForeman was born in Clarence, Missouri,
on the first of January nineteen sixtyto parents Charles and Dianne Foreman.
As a student, Larissa attended theUniversity of Missouri, where she studied biochemistry.
(02:46):
Whilst working at a nursing home,Larissa met Timothy Schuster, who was
attending nursing school. Like Larissa,Timothy had also grown up on a farm
in Golden, Illinois. The couplemarried in nineteen eighty two and went on
to have two children, a daughter, Kristin, born in nineteen eighty five
(03:07):
and a son, Tyler, bornin nineteen ninety. Shortly before Tyler was
born, the family moved to Fresno, California, where Larissa took a job
at an agricultural research lab. Shewould later go on to open her own
lab, called Central California Research Labsor CCRL, where she would specialize in
(03:31):
biochemistry for the agricultural industry. Larissawas very successful in her field, and
in two thousand the family was ableto move to a large home in Clovis,
California, and by two thousand andone, records showed she was earning
one hundred and sixty thousand dollars,double what her husband earned as an administrator
(03:55):
at Saint Agnes Medical Center. AsLa Rissa worked long hours getting her business
up and running. Neighbors reported thatshe routinely left the house at six thirty
am and wouldn't return home until seventhirty PM, leaving Tim to take on
the mother and father role. Bytwo thousand and one, Larissa and Tim's
(04:17):
marriage had started to deteriorate, andin February two thousand and two, Larissa
had filed for divorce. Larissa complainedof Tim's supposed impotence and would later admit
to having had an affair in nineteenninety three. Despite the divorce proceedings,
(04:38):
neither spouse moved out at first,opting to sleep on two different floors of
the home. Around the fourth ofJuly two thousand and two, while Larissa
was away visiting relatives in Missouri,Tim packed up his things and left the
family home. When Larissa came homeand realized she was furious, asked someone
(05:00):
who came to her house to workon a barbecue if he would help her
enter Timothy's residence and retrieve some ofher property. On the eighth of August
two thousand and two, Larissa askeda chemist at CCRL Leslie for Chera to
rent a storage unit at Security PublicStorage, which was located a couple of
(05:20):
miles from the lab. Larissa toldfor Chera she wanted to store some things
she wished to keep hidden from Timothy. For Chera rented unit A one eight
two in her own name, andthen turned the entry code and instructions over
to Schuster. A couple of dayslater, on the tenth, Timothy returned
(05:40):
home from a trip to find hisresidence ransacked and items he had shared with
Larissa were gone. Included in themissing items was the report Timothy had been
using to document his involvement with Tylerfor custody purposes. Larissa would later tell
people she and James for God wereresponsible. She told her manicurist she had
(06:02):
gone back a couple of times becauseit gave her a feeling better than sex,
to sit in a chair and lookat what she had done. She
admitted she keyed Timothy's pickup and thatit was like a trophy, which gave
her a happy feeling every time shesaw the key mark on the side of
his truck. This behavior caused thecouple's relationship to deteriorate further. As a
(06:29):
result of Larissa's actions, Timothy hadan alarm system and motion sensors installed at
his home, and he even obtaineda handgun and a concealed weapon permit.
Larissa asked for Chara if her boyfriendknew anyone who could rough somebody up.
She also said that she prayed everynight her ex husband would die. She
(06:54):
also told a fellow member of herchurch choir that she would do everything in
her power to keep Timothy from gettingher business. These are just a few
of the odd things Larissa would say. She even asked the barbecue repairman if
he would go to Timothy's house stunhim with a stun gun when he answered
(07:15):
the door, whilst she would bewaiting a couple of houses away. Funnily
enough, it seems as though hewasn't up for the idea. On the
thirtieth of April two thousand and three, a blue fifty five gallon barrel was
purchased and sent to CCRL. Althoughit was not the type of barrel normally
used at the lab, Larissa supposedlytold staff it was for yard clippings.
(07:43):
At the lab, they had anumber of different acids on site, including
hydrochloric, sulfuric, and acitic.However, very little of these acids was
actually used for Chera reported that inher experience, no more than a bottle
of hydrochloric acid would be used ina single year. It was particularly strange,
(08:07):
then, when Larissa placed an orderbetween the thirteenth of June and the
second of July for three cases ofhydrochloric acid and one case of sulfuric acid
to be delivered to CCRL. Eachof these cases contained six lots of two
and a half liter bottles of acid. Before things start getting really interesting in
(08:31):
this episode, I'm going to takea quick break here to share an awesome
new podcast on the block with youcalled Pineapple Pizza Podcast. This podcast is
destined for big things. Welcome toa Pineapple Pizza podcast where we serve up
delicious slices of mythology, cryptozoology,and urban legends. Ashley is the MythBuster.
(08:56):
Terresius is finally just like it wasyou. Okay, waterboard him with
this magical gem that is not atastical Emily is a crypted hunter, and
it's this guy that's bending over andparting into the face of absolutely horrified cap.
(09:22):
But a cap is like no insome stories. This long narrow sheet
of cotton is also your roll oftoilet paper, but it's evil toilet paper.
And Lindsay is the storyteller, soput your trade in the upright position.
We're flying back over to northern Italyfor a fun little legend and I
(09:45):
will have your rethinking water sports.Yeah, damn pretty snack. What's a
snack? Phineapple Peak a podcast stopon by for a slice a story La
Coming January twenty twenty one. Onthe ninth of July, Timothy and his
(10:13):
good friend Mary Solace sadly lost theirjobs at Saint Agnes. On the evening
of the night, Timothy had dinnerwith Mary and Bob Solace and Victor Oribay
Junior. Timothy left the Solaces homeat a round ten pm, having arranged
to meet them the next morning.It therefore struck the Solaces as really weird
(10:35):
when Timothy failed to show up fortheir meeting and for his scheduled exit interview
at the hospital. Victor Ribey stoppedby Timothy's house and found his vehicle in
the driveway, but when he knocked, no one answered the door. With
growing concerns about Timothy's well being,the police were called, and having completed
(10:58):
a cursory search of the house,authorities didn't find anything overtly suspicious. There
were no signs of forced entry ora struggle. With this, the Solaces
were told that they had to waittwenty four hours to file a missing person's
report. On the tenth of July, when Larissa arrived at work, she
(11:18):
was complaining about a pain in hershoulder, she told everyone that she had
heard it by working out earlier inthe week. That evening, Timothy failed
to show up for the scheduled exchangeof custody of Tyler. Larissa told her
manicurist she had a feeling that thedivorce was finally going to go her way.
(11:39):
On the eleventh of July, havingwaited the required twenty four hours,
Robert Solis filed a missing person's reportwith the Clovis Police Department. Officer John
Willow attended Timothy's address. When searchingthe property, he found a number of
important items. He found a gununder the cushion on a chair near the
(12:03):
front door. He also found Timothy'smobile phone. He scrolled through the phone
and called every number to see ifany one had had contact with Timothy.
When he spoke to Larissa, shetold him she hadn't heard from Timothy.
However, when the authority spoke toher manicurist, who informed them of the
(12:24):
troubles relating to the couple's pending divorce, the police felt it required further investigation.
When detectives Vincent Wibert and Larry Kirkhartsearched Timothy's house later that afternoon,
they found some damage to the ponywall behind the chair on which the gun
was found, as if the chairhad been forcibly pushed into the wall.
(12:46):
Inside a briefcase in the same roomthere was a mic, croacusette, recorder,
and tape. Police then turned theirattention to the phone in the master
bedroom. The caller i D recordshowed one call received at two o two
am. This call was from LarissaShuster's phone number. With this and the
(13:09):
information regarding the couple's divorce, DetectiveKirkhart arranged for Larissa to come to the
police department to speak with detectives.During the interview, which was conducted by
detectives Kirkhart and Wibert, Shuster explainedthat she and Timothy were going through a
divorce and that they had had problemscommunicating, meaning they would sometimes go for
(13:31):
weeks without talking or even exchanging emails. Larissa told officers that the last time
she heard from Timothy was on Tuesdaythe eighth. Timothy had told her he
was planning to pick Tyler up onThursday at six pm. She had last
seen Timothy in person on Saturday,the fifth of July. She explained that
(13:52):
when Timothy failed to show Larissa andTyler tried to contact him, but without
success. Larissa told police that shehad learned of Timothy losing his job on
Thursday evening, and out of concern, had called him around eight thirty PM.
When he didn't answer, she lefthim a message asking him to call
(14:13):
her back. She said the lasttime she called Timothy that night was around
ten thirty PM. She drove byhis house and knocked on the door at
ten thirty or ten forty five pm, after which she didn't try to contact
him any further. When asked aboutthe day Timothy had last been seen the
(14:35):
Wednesday when he saw the Solaces,Larissa recalled that she had worked all day.
Her shoulder had been hurting, soshe and Tyler watched a movie that
evening, and she had fallen asleepon the couch. When she woke up,
it looked like her mobile phone hadbeen dialed. She thought she must
have rolled over and hit a buttonor something. Officers asked her if she
(15:00):
had Timothy's number on speed dial.Larissa said she thought she did. She
denied talking to Timothy or calling himintentionally. Detective Whybert told Larissa that the
last incoming call to Timothy's phone wasfrom her phone number. Larissa insisted she
had no explanation for that and didnot have a conversation with him. During
(15:24):
the interview, Detective Kirkhart offered Larissaa ride home. She declined, saying
that she had her own car.Detective Kirkhart then offered her water and left
the room to go and get it. Detective Whybert followed. Detective Whybert went
to speak with the friend who attendedthe police station with Larissa, but found
(15:46):
no one. Whybert then went outinto the police station car park. There
was only one vehicle parked out front, and it was Larissa's Lexus. As
Whybert looked through the car window,he saw Larissa's phone sitting on the center
console. When he called Larissa's number, the phone began to ring, confirming
(16:08):
that it belonged to her. DetectiveWhybert passed on the information to Detective Kirkhardt.
Larissa accompanied detectives to her car andwas allowed to retrieve the phone.
As they walked back to the interviewroom, officers noticed she appeared more nervous
as her hands shook. It alsoappeared to them like she was trying to
(16:32):
manipulate the phone in her hands.Detective Whybert asked to see the phone,
and Larissa handed it over. DetectiveWhybert determined that none of the speed doll
numbers belonged to Timothy. When Larissaasked for water, detectives left the room,
but they continued to monitor her fromoutside the interview room. When Detective
(16:53):
Whybert returned, Larissa claimed that shehad found Timothy's number under Tyler's name,
but had just accidentally deleted it.Later, she admitted that she had made
the call to Timothy's house. Thereason she called him, she explained,
was because she wanted to make surethat there would be no trouble on Saturday,
(17:14):
because she was afraid Timothy would notreturn Tyler from visitation in time for
their trip. Larissa said that Timothywas half asleep, and she estimated the
call was less than thirty seconds long. Larissa apologized for having not told the
detective sooner, but promised she wasn'tbeing deceitful and did not know what had
happened to Timothy. Detectives continued toquestion Larissa about the church she and Detective
(17:40):
why Bert attended. How detectives couldreach her while she was away, and
arrangements were made for Schuster to bringKirkhart a notebook. She discovered that Timothy
had been keeping about her. Thenthe interview ended. The next day,
Tammy bell Shay, who had accompaniedLarissa to the police station, went to
(18:00):
Larissa's house. Larissa was still upsetabout the police interview, how the police
had caught her in a lie,and how they might tap her phones or
put a tracking device in her car. She said if they did that,
they would know that she had goneto the lab at a round two slash
three a m. She told TammyBelchat that this was because she had gone
(18:22):
to put on a sample run forthe chera. Tammy told Lorissa that police
could get such warrants for the laband her home, even though Larissa might
be away on holiday. Larissa laterleft her home and headed to the Fagin's
house. When she arrived, JamesFagin's father, Anthony, approached her.
(18:44):
Loarissa explained that she had come totalk to missus Fagin about some baskets she
had ordered. Anthony Fagin told Lorissashe was not home, and despite Lorissa's
insistance, she simply took the bikeand left. When Loissa returned home,
Tammy told her that the police couldtake her computers and could retrieve anything that
(19:06):
had previously been deleted. Larissa againleft her son in Tammy's care, saying
that she needed to go to thelab to pay bills. What was really
strange was that between noon and twop m. James Fagin came to Loissa's
house. He walked in without knockingor ringing the bell, went upstairs,
came back down quickly and left.Tammy tried questioning him, but he didn't
(19:30):
answer. She described him as lookingpale and sick. After going to the
lab, Larissa contacted Leslie for Cheraand asked for help to find a truck
with a lift gate. Larissa explainedthat she needed it to loan a rototiller,
not sure of I'm pronouncing that rightto a friend. They went to
(19:51):
the U haul location on Blackstone betweenBullard and Sierra, and for Chera rented
a truck in her own name.Larissa left the U haun locations separately from
Fichera, with Fichera driving the rentaltruck. Larissa later picked the rental truck
up from Fichera and rushed off.Fifteen minutes later, she called for Chera
and asked her to meet her atthe U haul place. Fichera noticed that
(20:15):
Larissa had scrapes on her shins andhad blood on her shoe, which Larissa
told her was from a smashed toeincurred while loading the Rota Tiller. Security
Public storage records would later show anentry into and exit from Unit A one
eight two during the time Larissa hadthe rental truck. No other entries were
(20:37):
made between the ninth and fourteenth ofJuly. On Sunday, the thirteenth of
July, Larissa and her son Tylerleft on their trip. The following day,
Fachera found an envelope on her deskat the lab on which Larissa had
simply written banks. Inside the envelopewas a check to the value of just
(20:59):
over five hundred and ten dollars,dated the eighth of July and signed by
Larissa. The memo portion indicated itwas reimbursement for travel and lodging, but
the only money Larissa owed was fortydollars for the rental truck. That evening,
Leslie f Chera and Tammy bell Shaywent to the police. Detective Kirkhart
obtained such warrants for the storage unitthe lab and Larissa's house. Inside the
(21:26):
storage unit, officers found a bluefifty five gallon barrel that contained what looked
like human remains. DNA tests wouldlater confirm that the remains were in fact
those of Timothy Schuster. Only thelower half of his body remained. It
had been placed into the barrel headdown and was floating in fluid that contained
(21:51):
hydrochloric acid. Timothy's body was ina state of early decomposition, with the
time of death possibly being between theninth and eleventh of July. Tissue samples
tested positive for chloroform, which cancause rapid loss of consciousness and incapacitation.
The cause of death was probably thecombined effects of acute chloroform exposure and hydrochloric
(22:17):
acid immersion. Perhaps the most horriblething out of all of this is it
couldn't be determined whether Timothy was aliveor deceased when he was placed into that
barrel. When searching the lab's premises, authorities found a locked enclosure where the
bins were kept. At the bottomof a dumpster, they found a case
(22:40):
of six empty bottles of hydrochloric acid. Forensic analysis of Larissa's work computer showed
that on the thirteenth of June,she searched some rather incriminating terms on Google.
These included acid digestion, tissues,acid digestion and no more tissues,
(23:00):
and sulfuric acid. On the sixteenthof July, Larissa Schuster was arrested at
Saint Louis Airport. When she wassearched, the police found two receipts in
her possession from a store halfway betweenCCRL and the Security Public Storage unit.
Both showed she had made purchases onthe twelfth of July for a few items,
(23:22):
including lysol and air fresheners. Lysolhad been found in a fridge at
CCRL. This was particularly strange assuch a product could lead to contamination at
the lab, so would not havebeen used. Also in her possession was
a card with the storage facility entryinstructions and a code number. During Larissa's
(23:47):
trial, the defense's strategy was topoint the finger at James Fagan. James
Fagan, a twenty five year oldformer employee at CCRL, had been interviewed
by police while Larissa and her sonwere away on holiday. During his interrogation,
James told authorities that Larissa asked himto buy a stun gun and ziptize,
(24:10):
but that he hadn't known exactly whatshe planned to do with them.
He admitted he had helped Larissa burglarizedTim's condo in August two thousand and two.
Larissa allegedly told James there were otherthings that Tim had taken when he
moved out that didn't belong to him. James would later say he thought that
(24:30):
they were going to Tim's house totake back other items that rightfully belonged to
Larissa. As they began to plantheir second burglary, Larissa explained that she
thought Tim might fight back, soJames suggested that they used chloroform to knocked
him out. He'd seen it ina movie. Once, James told authorities
(24:51):
that he truly thought that they werejust going to rob him. James then
revealed that he and Larissa were responsiblefor the disappearance some murder of Timothy Schuster.
The night of Tim's death went somethinglike this. During the evening of
Thursday, the ninth of July twothousand and three, Larissa called James and
(25:15):
told him to get the supplies ready, and they made their way to Tim's
house in Clovis. Arriving outside attwo am, Larissa called Tim's cell phone.
Fagin told authorities that he crept upto the house while Larissa told Tim
that their son, Tyler was sickand that she needed Tim to come to
(25:36):
his front door immediately. When hedid so, he was met by Larissa
and James. James then jolted Timwith a stun gun while Larissa covered his
mouth with a rag doused in chloroform. They then zip tied Tim, driving
his body to Larissa's house. AtLarissa's house, both James and Larissa stuffed
(26:00):
him's body into the blue fifty fivegallon plastic drum and poured in jug after
jug of hydrochloric acid. James toldpolice that Tim might have still been alive
at the time the acid was pouredin. Either way, by the end
of that awful night, Timothy Schusterwas dead and that blue plastic barrel would
(26:26):
be his blue plastic coffin. JamesFagin was charged with first degree murder and
kidnapping and went to trial in Novembertwo thousand and six. His defense was
that Larissa orchestrated the murder and thathe had only acted as an accessory.
To the murder under duress. Jamesmaintained that Larissa had threatened his life,
(26:52):
which is why he acted as hedid. Defense testimony to support this assertion
came from James, his friends,co workers, and even Larissa's friend Terry
Lopez, all of whom testified thatLarissa was very controlling and forceful. Despite
James's attempts to recant his confession,the jury was still shown the footage from
(27:15):
his police interrogation, during which hesaid quote, I held the barrel for
her, put him in, pouredall the solution and she couldn't stand it,
so she said, put it onthe lid on. So I helped
her put the lid on, andshe put it in the shed. When
(27:37):
the jury returned their verdict, JamesFagin was acquitted of the charge of kidnapping,
but was found guilty of first degreemurder and residential burglary. What was
interesting, though, before his sentencing, the jury pleaded to the judge for
leniency on James's behalf, but despitetheir please, the judge sentenced James Fagin
(28:03):
to life without the possibility of parole. So that brings us back to Larissa's
trial. Larissa's trial began on thetwenty second of October two thousand and seven,
more than four years after she wascharged. The trial had to be
moved from Clovis, California, toLos Angeles due to the amount of pre
(28:23):
trial publicity which could unduly influence thejury pool. The media had dubbed Larissa
Shuster the acid Lady. Prosecutors hadalleged to the jury that Larissa attempted to
solicit Tim's murder before believing that shecould get away with it. They told
(28:44):
the jury how Larissa had access toall the chemicals used in the murder,
being that she was a biochemist ina research lab. The jurors heard graphic
and berating phone messages that Larissa lefton Tim's answering machine. The prosecution asserted
that Tim's death would be more profitableto Larissa than their impending divorce settlement.
(29:06):
Tim's life insurance was only thirty thousanddollars and half of their assets were to
be put in a family trust toprovide for the children. However, with
Tim's death, it eliminated the divorcefight, in which Larissa stood to lose
half of the marital estate, includingthe lab business sold in two thousand and
thirteen for two hundred and twenty fivethousand dollars, and the home Enclovis sold
(29:30):
in two thousand and four for sixhundred and seventy five thousand dollars. James
Fagan didn't testify at Larissa's trial,but Larissa did testify in her own defense.
Larissa was on the witness stand forapproximately five days, during which she
flatly denied killing her husband. Shetestified that she had no full knowledge of
(29:53):
the murder and that James was thekiller. She stated that James told her
quote, I heard him say somethinglike there had been an accident and Tim
was dead. I thought he wasjoking. She admitted that she helped him
move Tim's body. When asked aboutthe phone messages on Tim's answering machine,
(30:15):
Larissa replied with quote, it issomething I'm really ashamed about. You have
to realize that is something a resultof many accumulative things. Larissa explained that
the reason for the large amount ofchemicals at her lab were not to be
used for the murder of Timothy,but for a wholesale cleaning of the items
at the lab. During cross examination, Larissa stuck to her contention that she
(30:41):
never solicited James to kill her estrangedhusband. Regarding the two thousand dollars to
James, she said that this hadbeen for babysitting Tyler and house sitting while
she was away. She informed thecourt that the reason CCRL had ordered so
much acid was that it was neededto clean a large order of lab glassware.
(31:03):
Medical experts testified that Tim's body hadbeen cut in half and only his
lower half had been placed in thebarrel. Defense attorney Roger Nuttall used this
line of questioning to imply there wasanother crime scene the police had missed altogether,
and that such undiscovered clues pointed toJames as Tim's actual killer. Nuttall
(31:25):
called a string of witnesses and expertsto try and deflect blame from his client.
Several character witnesses portrayed Larissa as agood mother and a non violent person,
and other witnesses described James as somethingof a wild card who often joked
about committing strange criminal activities. Duringthe trial, Nuttall called a psychiatrist,
(31:49):
Stephen Etzner, who explained to thejury that, in his opinion, Larissa
suffered from battered spouse syndrome caused byTim's passive aggressive behavior and by a previous
abusive relationship. Etsna recalled in hisjailhouse interviews with Larissa how she spoke incessantly
about how Tim had done her wrong. She expressed unhappiness about their relationship as
(32:15):
if he was still alive. ToEtsna, this indicated lingering signs of battered
spouse syndrome. Etsna told the jurythat Larissa's mental health had worsened in the
later years of their marriage, andshe had been prescribed antidepressants. He explained
that Tim and Larissa's personalities were diametricallyopposite, which caused a strain in their
(32:37):
relationship. Quote. MY impression wasthat missus Schuster was a very direct and
assertive person and mister Schuster was amore passive and nurturing personality, and I
think they started butting heads over that. No prizes for guessing what the verdict
(32:57):
was. On the twelfth of Decembertwo thousand and seven, the jury found
Larissa Schuster guilty of first degree murderwith the special circumstance of financial gain after
just two and a half days ofdeliberation. Larissa expressed very little emotion at
the verdict, but behind her TimothySchuster's mother smiled and her own mother sobbed.
(33:23):
On the sixteenth of May two thousandand eight, due to the special
circumstance finding, Larissa was mandatorily sentencedto life without parole. At her mother's
sentencing, Larissa and Timothy's daughter Kristingave a victim impact statement, saying quote,
(33:43):
you've given up all rights as amother, wife, daughter, friend,
and woman. You're a disgrace tothis family, a pitiful excuse for
a human. I pray you're continuallyhaunted at night by the sight and sound
of my father fighting for his lastbreathing moments on this earth. I hope
(34:06):
you toss and turn and have horriblenightmares visualizing the horrific act of violence you
have committed. She ended her statementby saying quote, maybe later in life
I can learn to forgive you,but I doubt it. This is goodbye,
not just for now, but forever. This is goodbye. As your
(34:30):
daughter. Tim's mother, Shirley Shustersaid quote, I can't even imagine his
last hours and the pain he musthave gone through. How I wish I
could have been there to help himwith his pain. As she stared down
the barrel of a life sentence.Larissa Schuster tried to appeal her conviction because
(34:53):
of seven errors of omission or commissionby the trial court. She unsuccessfully sought
to suppress statements she made to policein her interview from the eleventh slash twelfth
of July, arguing that the interviewwas conducted in violation of her Miranda rights.
She argued that the interview became custodialwhen detectives discovered her phone in her
(35:17):
car, hence she should have beenadvised of her Miranda rights. By failing
to do so, Larissa argued thatthe evidence subsequently obtained should have been suppressed.
The trial court found that Larissa's encounterwith police was consensual. A reasonable
person in the same situation would haveunderstood that they were free to go,
(35:38):
and therefore Larissa understood she was freeto go at any time during the interview.
Because there was no custodial interrogation,no Miranda warnings were required. The
trial court therefore ruled that the statementswere admissible. In the prosecution's case in
chief, the appeal court concluded thatalthough the officers never that expressly stated,
(36:00):
Schuster was free to go. Quoteafter independently considering the totality of the circumstances
that a reasonable person in Schuster's positionwould have felt free to terminate the interview
and leave at all times during questioning. This therefore, wouldn't amount to a
ground of appeal. Larissa also contendedthat the trial court committed reversible error and
(36:23):
violated her federal constitutional rights when itdischarged Juror number zero zero one near the
end of the trial. The jurywas sworn in on the eighteenth of October
two thousand and seven, and fromthis date Dura number zero zero one caused
problems. She was consistently late,she would wear sunglasses in the courtroom for
(36:46):
absolutely no reason, and her generalbehavior would distract the other jurors. There
was also the suggestion that Juror numberzero zero one was using her phone when
she shouldn't. The appeal Court concludedthat the trial court did not abuse its
discretion by discharging Dura number zero zeroone or denying Larissa's motion for a new
(37:08):
trial. Since legal grounds to dischargethe juror existed, it follows that the
discharge of the jura did not denyLarissa her federal constitutional rights. Larissa argued
that the trial court aired by refusingto give a requested pinpoint instruction defining the
uncharged crime of accessory. Larissa's proposedinstruction went something like this quote, Larissa
(37:35):
Schuster has admitted to being an accessoryafter the fact. She was not charged
with being an accessory after the fact. To prove that the defendant was guilty
of this crime, the people wouldhave to prove that one another person committed
a felony. Two, the defendantknew the perpetrator had committed a felony.
Three after the felony had been committed, the defendant either harbored, concealed,
(38:00):
or aided the perpetrator. For whenthe defendant acted, she intended that the
perpetrator avoid or escape arrest, trial, conviction, or punishment. She continued,
quote, if the defendant formed anintent to aid after the crime was
completed, then he or she maybe liable as an accessory after the fact.
(38:22):
Factors relevant to determining whether a personis an aider and a better include
presence at the scene of the crime, companionship, and conduct before or after
the offense. End quote. Thetrial court denied Lois's request for a pinpoint
instruction finding accessory after the fact isnot a lesser included offense of the crime
(38:44):
charged, and that courts are nolonger required or allowed to instruct on lesser
related offenses. The appeal court summarizedall of this as follows, quote,
it has never been the law thatan accused is entitled to instructions on offenses
for which she is not charged,in order to urge the jury that she
(39:04):
could not have been convicted of somethingother than what is alleged. Another proposed
appeal ground Larissa argued was that hertrial attorney provided quote, constitutionally deficient representation
when he presented evidence that Larissa sufferedfrom battered spouse syndrome, but then failed
to request an instruction telling jurors howthey could use their evidence to find Larissa
(39:27):
acted under provocation if they found herresponsible for killing Timothy. During the trial,
the psychiatrist Etsna found that Larissa's statementsthat she wished her estranged husband were
dead as a type of passive homicidality, suggesting there was no indication of an
intent to kill the other person.The psychiatrist explained that Larissa's passive wishes for
(39:51):
Timothy to die were a way ofescaping a very bad relationship and so were
consistent with the application of emotional bs s to Larissa's case. It should
be noted that the burden of provingineffective assistance of counsel is on the defendant
with regards to the BSS. Theappeal Court didn't find any authority allowing evidence
(40:15):
a battered spouse syndrome to be admitted. On the issue of provocation, the
court found that the jury was givena comprehensive instruction on provocation and heat of
passion, and nothing in that instructionprecluded consideration of battered spouse syndrome. It
was held that the giving of apinpoint instruction relating to BSS and provocation wouldn't
(40:37):
have made any difference to the verdict. The court therefore concluded that Larissa failed
to establish that her defense counsel lackeda reasonable tactical purpose for the omission or
that Larissa was prejudiced. I promisethat we are almost through the appeal grounds.
Have you noticed when we talk aboutthe appeal grounds in cases like this
(41:00):
there are always so many grounds.The worst I think was the episode when
I covered the Toolbox Killers. Ifyou've listened, you know what I'm talking
about if you haven't, just makesure that you're comfy when you start listening.
That's all I'm going to say,anyway. Larissa raised two claims in
connection with the instructions on the financialgain special circumstance. Firstly, she argued
(41:25):
that the trial court made an errorin answering a question from the deliberating jury
about the definition of that circumstance.And secondly, she argued that the trial
court violated her federal constitutional rights byrefusing her requested unanimity instruction. Larissa stated
(41:45):
that the emphasized language directing jurors tocompare and consider the evidence undermined the presumption
of innocence and lightened the prosecution's burdenof proof by suggesting that Larissa was required
to produce evidence to be compared sojust to make sure that we're all on
the same page. I'm sure youalready know this because you listen to to
(42:07):
crime podcasts all day, every daylike me. But in a criminal trial,
the burden of proof is on theprosecution, meaning it is not for
the defendant to prove his innocence,but for the prosecution to prove guilt beyond
a reasonable doubt. The instruction givento the jury during Larissa's trial was taken
(42:28):
from something called I remember this caseis in America, so this is not
something that I personally am familiar with, but it's called calcrim c al cr
Im number two twenty, which statesthat the fact a criminal charge has been
filed against the defendant is not evidencethat its charge is true. You must
(42:50):
not be biased against the defendant justbecause she's been arrested or charged with a
crime or brought to trial. Whenconsidering whether the prosecution proved their case beyond
a reasonable doubt. The jury thereforehas to impartially compare and consider all the
evidence that was received through the entiretrial. Unless the evidence proves the defendant
(43:12):
is guilty beyond a reasonable doubt,the jury must acquit and find her not
guilty. Quite simply, the Courtof Appeal rejected the argument that calcrym n
Two twenty suggests that the defendant isrequired to produce evidence, and so rejected
this proposed ground of appeal. Finally, Larissa contended the cumulative effect of errors
(43:34):
committed at her trial rendered the proceedingsfundamentally unfair, thereby violating her right to
due process. Again very simply.The Court of Appeal stated the following quote.
Since we conclude there were no errors, it follows that there was no
cumulative prejudice. Larissa received a fairtrial. I feel like they just got
to a point where they were bored. They were bored of hearing her grounds.
(44:00):
They had no merit, so theyjust said it's all good. We're
not going to say any more thanthat. So with all of that,
after his mother's prison sentence was upheldby the Court of Appeal, Tyler went
to live with his maternal grandparents.This is Dianne and Charles Foreman, who
(44:20):
are obviously Larissa's mum and dad.Kristin, the daughter, the Schuster's daughter,
alleges that the communication she has withher brother is limited, and she
worries that he won't know the fullstory from his grandparents. Kristin now has
a young son, who she saysshe plans to talk to about his grandfather
(44:40):
who is in heaven. So that'swhere our story ends today, with Larissa
Shuster and James Fagan still behind bars. Thank you so much for joining me
today. The Student's Verdict is abi weeekly podcast, so please follow us
on social media to hear about ournext episod. The Student's Verdict can be
(45:01):
found anywhere you listen to podcasts,including Spreaker, YouTube and iHeartRadio. See
you on the next one, andremember to keep living the dream.
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