Accused killer, 75, was duped, attorney says

A 75-year-old woman accused of killing homeless men for insurance money had no knowledge that her partner in crime was planning murder as a part of the plot, her attorney argued Friday.

Olga Rutterschmidt lacked savvy, was “simple-minded” and even “stupid,” said Michael Sklar, the deputy public defender who chose earlier in the week not to call any witnesses, saying the prosecution had failed to tie his client to the hit-and-run deaths of Kenneth McDavid, 50, and Paul Vados, 73.

“I can’t tell you how a person can be that stupid. I can only tell you that she was,” Sklar said, alleging that co-defendant Helen Golay, 77, planned the murders but kept Rutterschmidt in the dark throughout the scheme that spanned at least eight years and targeted several men. The evidence shows that Golay committed McDavid’s murder, Sklar said.

“That Sable was used by Helen Golay to kill Mr. McDavid, no question,” he said, referring to the 1999 Mercury Sable station wagon on which authorities found McDavid’s DNA. Golay’s auto club membership was used to call for a tow on that vehicle the night of the alleged murder.

Prosecutors allege that Golay and Rutterschmidt acted in lock step to shelter homeless men, sign them up for life insurance and then kill them to collect millions on the policies. Golay fronted the money and Rutterschmidt was responsible for taking care of day-to-day workings of the scheme, Deputy Dist. Atty. Truc Do argued in closing her case Thursday.

Sklar conceded that his client participated in an insurance fraud scheme. But Rutterschmidt participated only because she admired Golay, who drove a Mercedes SUV and owned property in Santa Monica, Sklar said.

“It is not about money, it’s about being with Helen Golay, it’s about being a part of this whole thing that she thinks is so smart, this wealthy Santa Monica thing,” he told jurors.

Golay’s attorney, Roger Jon Diamond, also presented his closing argument Friday, reiterating the theory that his client’s daughter, Kecia Golay, 44, was responsible for McDavid’s murder.

“This is a travesty of justice,” Diamond said, raising his voice and pacing between the jury and Golay, who blotted tears from her eyes. “It’s unfortunate the two men are dead. She didn’t do it.”

Diamond argued that witnesses from the insurance industry who testified in the prosecution’s case were distorting evidence to help convict his client in order to recover the benefits they paid.

“The auto club got burned in this case,” Diamond said. “The auto club is involved in the effort to blame Helen Golay. . . . They’re going to teach these ladies a lesson.”

Sklar noted that Golay called an insurance company just two weeks before McDavid’s death, trying to remove Rutterschmidt as the co-beneficiary of a policy.

“Is it reasonable to believe that Helen Golay would dupe and double-cross Olga Rutterschmidt, if Olga Rutterschmidt had evidence and knowledge that Helen Golay killed Mr. McDavid?” he questioned.

Diamond called Sklar’s accusation of Golay a “desperate attempt.”

Prosecutors are scheduled to present rebuttal argument Monday, after which the case will go to the nine-man, three-woman jury.

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victoria.kim@latimes.com