Albrecht Muth | Homicide Watch DC

Albrecht Muth Sentenced to 50 Years for Killing his Elderly Wife Viola Drath

Kristian Hernandez — Wed, 30 Apr 2014 15:56:09 -0400

The criminal case against Albrecht Muth concluded Wednesday when Judge Russell Canan sentenced him to 50 years in prison for the death of his 91-year-old wife, Viola Herms Drath.

Muth, now 49, was convicted in January of first-degree premeditated murder with aggravating circumstances. On Wednesday, he participated in his sentencing via video conference as he lay in a hospital bed, still too weak to attend court because of his prolonged fast.

Drath's two daughters did not address the court but provided impact statements to Judge Canan before sentencing.

"I miss my mother...her wisdom, her advice, her assessment of political developments, foreign affairs...I miss her visits to my home in California," wrote Drath's daughter Connie Drath Dwyer.

In the presentencing report, prosecutors say another daughter, Fran Drath, finds herself "trying to navigate a world that is unrecognizable."

Before delivering his sentence, Judge Canan said, “[Drath] should have passed away surrounded by her family, not tortured to death by Mr. Muth in the middle of the night.”

Police found Drath on the morning of Aug. 12, 2011 in her home at the 3200 block of Q Street Northwest after Muth called 911, prosecutors say. Muth was arrested a few days later and originally charged with second degree murder.

At trial, prosecutors presented evidence of emails between Drath and Muth, including some that Muth annotated.

In one email, Drath wrote, “I can and will no longer take it. I have been useful to you and you have enlivened my life to some degree.”

Medical examiner Dr. Carolyn Revercomb testified that Drath suffered from rib fractures, cuts to the body and head, and clear signs of strangulation which resulted in her death.

During sentencing, prosecutors noted domestic violence incidents dating back to 1992 when 26-years-old Muth punched Drath, then 72-years-old, repeatedly in the face because she interrupted a phone call he was in.

Prosecutors also mentioned that Muth has taken on numerous personas over the years, including that of an Iraqi Army general and during court called him a, "manipulative liar."

Assistant U.S. Attorneys Glenn Kirschner requested that Judge Canan sentence Muth to life without the possibility of release.

“We ask the court for something that ensures Muth will not be out in the community looking for his next victim,” Kirschner said.

Before he delivered Muth's sentence, Judge Canan called Muth "a common serial domestic violence abuser," adding that Muth's persona of a fasting “religious relic” was "a transparent attempt to avoid trial."

A press release from the United States Attorney's office has been added below.

Albrecht Muth Sentenced to 50 Years in Prison
For 2011 Slaying of His 91-Year-Old Wife
-Slaying Followed History of Domestic Violence-

WASHINGTON – Albrecht Muth, 49, of Washington, D.C., was sentenced today to 50 years in prison for first-degree murder in the slaying of his wife, 91-year-old Viola Drath, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

Muth, who has taken on numerous personas over the years, including that of an Iraqi Army general, was found guilty in January 2014 by a jury following a trial in the Superior Court of the District of Columbia. The jury found Muth guilty of first-degree (premeditated) murder with the aggravating circumstances that the murder was especially heinous, cruel, and inflicted on a vulnerable victim. Muth was sentenced by the Honorable Russell F. Canan.

The sentencing, like the trial, took place without the defendant present in the courtroom. Muth, who has been in custody since his arrest in August 2011, has been hospitalized after staging a series of hunger strikes dating to December of 2012. His refusal of regular sustenance has caused his physical health to deteriorate and resulted in the hospitalization. The government contended that Muth’s refusal to eat was part of a manipulation designed to avoid trial. Muth was able to listen to and participate in the trial proceedings, out of view of the jury, via a video link to the courtroom. Likewise, he was able to listen to and participate in today’s sentencing that way.

At sentencing today, Judge Canan declared that the evidence against Muth was “overwhelming” and that his refusal to eat was “a transparent attempt to avoid prosecution.”

“Albrecht Muth’s 20 years of violence toward his wife ended only when he strangled her to death in their Georgetown home,” said U.S. Attorney Machen. “For the rest of his life, Muth won’t be able to masquerade as a military officer or member of a royal family while subjecting his wife to intolerable abuse. He will be a federal inmate paying the price for his brutal crime.”

“This was a tragic ending to an abusive relationship,” said Police Chief Lanier. “In addition to killing the victim, the defendant also further victimized her family by attempting to defraud the family out of a large sum of money. We hope this sentencing offers the family some sense of solace that these acts did not go unpunished.”

According to the government’s evidence, on the morning of Aug. 12, 2011, Muth called 911 and reported that Ms. Drath was dead on the bathroom floor of their home in the 3200 block of Q Street NW. The District of Columbia Office of the Medical Examiner determined that Ms. Drath’s death was caused by strangulation and blunt force injuries.

On the evening of Aug. 11, 2011, the government’s evidence showed, Muth had been drinking. Witnesses indicated that Muth became progressively louder and somewhat belligerent during the course of the evening. A witness escorted Muth to the house on Q Street and saw him walking down the stairwell to the basement of his residence at approximately 10 p.m.

In the early morning hours of Aug. 12, 2011, a witness heard a woman’s faint cry and a man’s laugh emanating from inside the defendant’s home. Then, at approximately 7:56 a.m. on Aug. 12, 2011, Muth made the call to 911. When MPD officers arrived, there were no signs of forced entry into the house and nothing was taken or disturbed. According to the defendant, only he and Ms. Drath had keys to the house. Also according to the defendant, he and his wife were the only two people present in the home during the previous evening.

During the trial, the government presented evidence of a documented history of domestic violence by the defendant against his wife. In addition, Muth had made a number of statements over the years indicating a desire to kill her. By the summer of 2011, Ms. Drath had enough of the defendant’s abuse and was trying to end the marriage. Also, despite the fact that Ms. Drath specifically disinherited Muth in her will, he regularly pressured her for money. After killing the victim, and before her body was removed from the home, Muth presented a fraudulent document to the daughter of the victim demanding $200,000.

In announcing the sentence, U.S. Attorney Machen and Chief Lanier recognized the outstanding efforts of the detectives, evidence technicians, and officers who investigated the case from the Metropolitan Police Department. They expressed appreciation to the District of Columbia Department of Corrections for its assistance in the matter. They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Erin O. Lyons, who assisted in the investigation; Paralegal Specialist Meridith McGarrity; Investigative Analyst Zachary McMenamin; former Investigative Analyst Lawrence Grasso; Criminal Investigator John Marsh; Litigation Technology Specialist Leif Hickling, and Maria Shumar and David Foster of the Victim/Witness Assistance Unit.

Finally, they commended the work of Assistant U.S. Attorneys Glenn Kirschner and Laura Bach, who tried the case.

Albrecht Muth Found Guilty in Murder of Viola Drath

Ivan Natividad — Thu, 16 Jan 2014 13:59:26 -0500

Albrecht Muth was convicted Thursday of first-degree premeditated murder with aggravating circumstances in connection with the death of his 91-year-old wife, Viola Herms Drath.

Jurors in the case delivered their verdict around 1:10 p.m. Thursday after deliberating for less than a day.

"Our family is very pleased with today's verdict," Connie Drath Dwyer, Viola Drath's eldest daughter said Thursday. "Justice has been served; it's been a long wait."

Speaking of her mother Dwyer said, "She was a fabulous accomplished woman and she may have been 91, and some people would say, well she had a long life, which she did, but she was in excellent health and we're quite certain she would have lived years longer and then seen more grandchildren, who are on the way, and live to enjoy life for the best."

Drath was found by police on August 12, 2011 dead on the bathroom floor of her Georgetown home. Four days later Muth, 49, was arrested and initially charged with second-degree murder in connection with Drath's death.

But in March 2012, a grand jury indicted Muth on one count of first-degree premeditated murder with two aggravating circumstances charging that Drath's murder was "especially heinous, atrocious or cruel," and that Drath, the victim, was "especially vulnerable due to age." The jury agreed.

During trial, prosecutors alleged that Muth married Drath for financial gain, and killed her in order to claim inheritance from a forged document. But Muth's defense attorneys argued that the government's case was weak and circumstantial with no eye-witnesses to the murder.

Muth faces up to 30 years in prison for the murder charge, and life in prison for the two underscore circumstances.

The case is scheduled for sentencing on March 19 with Judge Russell Canan.

A press release from the US Attorney's Office is below.

Albrecht Muth Found Guilty of First-Degree Murder
In 2011 Slaying of His 91-Year-Old Wife
-Slaying Followed History of Domestic Violence-

WASHINGTON – Albrecht Muth, 49, of Washington, D.C., was found guilty today of first-degree murder in the slaying of his wife, 91-year-old Viola Drath, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

Muth, who has taken on numerous personas over the years, including that of an Iraqi Army general, was found guilty by a jury following a trial in the Superior Court of the District of Columbia. The jury found Muth guilty of first-degree (premeditated) murder with the aggravating circumstances that the murder was especially heinous, cruel, and inflicted on a vulnerable victim. Muth faces a maximum sentence of life without parole. The Honorable Russell F. Canan scheduled sentencing for March 19, 2014.
The trial took place without the defendant present in the courtroom. Muth, who has been in custody since his arrest in August 2011, has been hospitalized after staging a series of hunger strikes dating to December of 2012. His refusal of regular sustenance has caused his physical health to deteriorate and resulted in the hospitalization. The government contended that his refusal to eat was part of a manipulation designed to avoid trial. Muth was able to listen to and participate in the court proceedings, out of view of the jury, via a video link to the courtroom.
“Albrecht Muth has pretended to be an Iraqi general, a Count, and an East German spy, but in truth he is a cold-blooded killer who strangled his elderly wife to death,” said U.S. Attorney Machen. “Even as this trial approached, he tried to manipulate the system through on-and-off fasts designed to avoid facing justice for his terrible crime. This jury saw right through Albrecht Muth’s elaborate web of lies and held him accountable for his brutality.”
“With today’s conviction, Albrecht Muth must now face the consequences of his violent crime,” said Chief Lanier. “I applaud the hard-working members of this department and the U.S. Attorney’s Office in helping to make today’s conviction possible.”

According to the government’s evidence, on the morning of Aug. 12, 2011, Muth called 911 and reported that Ms. Drath was dead on the bathroom floor of their home in the 3200 block of Q Street NW. The District of Columbia Office of the Medical Examiner determined that Ms. Drath’s death was caused by strangulation and blunt force injuries.

On the evening of Aug. 11, 2011, the government’s evidence showed, Muth had been drinking. Witnesses indicated that Muth became progressively louder and somewhat belligerent during the course of the evening. A witness escorted Muth to the house on Q Street and saw him walking down the stairwell to the basement of his residence at approximately 10 p.m.

In the early morning hours of Aug. 12, 2011, a witness heard a woman’s faint cry and a man’s laugh emanating from inside the defendant’s home. Then, at approximately 7:56 a.m. on Aug. 12, 2011, Muth made the call to 911. When MPD officers arrived, there were no signs of forced entry into the house and nothing was taken or disturbed. According to the defendant, only he and Ms. Drath had keys to the house. Also according to the defendant, he and his wife were the only two people present in the home during the previous evening.

During the trial, the government presented evidence of a documented history of domestic violence by the defendant against his wife. In addition, Muth had made a number of statements over the years indicating a desire to kill her. By the summer of 2011, Ms. Drath had enough of the defendant’s abuse and was trying to end the marriage. Also, despite the fact that Ms. Drath specifically disinherited Muth in her will, he regularly pressured her for money. After killing the victim, and before her body was removed from the home, Muth presented a fraudulent document to the daughter of the victim demanding $200,000.

In announcing the verdict, U.S. Attorney Machen and Chief Lanier recognized the outstanding efforts of the detectives, evidence technicians, and officers who investigated the case from the Metropolitan Police Department. They expressed appreciation to the District of Columbia Department of Corrections for its assistance in the matter. They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Erin O. Lyons, who assisted in the investigation; Paralegal Specialist Meridith McGarrity; Investigative Analysts Lawrence Grasso and Zachary McMenamin; Litigation Technology Specialist Leif Hickling, and Maria Shumar and David Foster of the Victim/Witness Assistance Unit.

Finally, they commended the work of Assistant U.S. Attorneys Glenn Kirschner and Laura Bach, who tried the case.

Jury Deliberations Begin in Albrecht Muth Murder Trial

Stephannie Stokes — Wed, 15 Jan 2014 22:30:08 -0500

Jurors began deliberating Wednesday in the high-profile case charging Georgetown man Albrecht Muth with the murder of his wife, socialite and journalist Viola Drath.

Closing arguments were heard in the case Wednesday and both prosecution and defense attorneys asked jurors to consider Muth's character as well as the nature of his twenty-year marriage with Drath. But what his character was, and what that marriage was, they disagreed on.

“Muth was a manipulator,” Assistant U.S. Attorney Laura Bach said. “He was a fraud.”

Countered defense attorney Dana Page, “A story of premeditation, a story of heinousness, a story drawing things out. But let’s be clear, none of it has anything to do with who did it.”

Muth, 49, is accused of first degree murder. Drath, 91, was found dead in their Georgetown home on August 12, 2011.

The weight of the prosecution’s case, which lasted the majority of the trial's eight days, leaned on Muth’s history of violent behavior and his alleged need for money at the time of Drath’s death.

In closing arguments Wednesday, Bach painted Muth as a man of low moral character, who married Drath for her money and repeatedly assaulted her throughout their marriage. She also said Muth assumed different identities throughout his relationship with Drath, adding the title of “Count” in front of his name and purchasing an Iraqi general uniform online.

Bach told jurors that Muth murdered his wife after twenty years together because his “free ride" was "ending.”

Drath supported Muth financially throughout their marriage with a place to live and a monthly allowance. He was not expected to receive any inheritance after her death according to a prenuptial agreement.

Bach pointed to Muth’s email correspondences and online activity in the years leading to Drath’s death, which she said showed Muth was seeking to change the prenuptial agreements so that he could receive some of his wife’s estate.

Muth’s Google searches around the time of Drath’s death were found to include the words “pre-nuptials,” “extradition from Mexico” and “flights," prosecutors said.

Muth's attorneys rejected the government's claims, reminding jurors that there were no eyewitnesses, or DNA or forensic evidence in the case.

Page said that the callous man depicted in the prosecution's story doesn’t exist. Muth and Drath were “two peas in a pod,” she said. When they met twenty years ago, they shared a common goal of reshaping Drath’s public image, said Page.

The case turns not only on whether Muth is responsible for killing Drath, but whether he was intoxicated at the time of the alleged act.

The night of Drath’s death, Muth had been drinking with a man he had met on Craigslist. “Voluntary intoxication” can be a defense against first-degree murder if a person can prove that he or she was too drunk to have the intent to kill. In that case, however, the defendant can still be found guilty of the lesser charge of second-degree murder.

Muth has been following the proceedings by video conference from his hospital bed at United Medical Center where he is being held. His health was ruled too fragile to allow him to be present in the courtroom due to a self-imposed fast. In sending jurors to deliberate, Judge Russell Canan told jurors not to read anything into the fact that Muth chose not to testify and could not, or would not, appear in his own defense.

Jury deliberations will resume Thursday morning at 9:30.

Prosecution, Defense Rest in Albrecht Muth Trial; Closing Arguments Expected Wednesday Morning

Kristian Hernandez — Tue, 14 Jan 2014 18:41:34 -0500

Both government and defense teams in the Albrecht Muth trial called their final witnesses Tuesday, wrapping up testimony in a trial that has lasted seven days but that took two and a half years to happen.

Closing arguments from both sides are expected Wednesday morning at 10 a.m.

Muth's wife, Viola Drath, 91, was found dead in their home in August 2011. Dr. Carolyn Revercomb, assistant medical examiner at the Rhode Island Medical Examiner’s office testified that Drath suffered rib fractures, cuts to the body and head, and clear signs of strangulation which resulted in Drath’s death.

Prosecutors called their final two witnesses Tuesday, bringing their case to a total of 22 witnesses. The defense called one witness, forensic scientists Jessica Skillman, from the D.C. Forensics Services Lab.

Muth declined his right to testify from his hospital bed at the United Medical Center via video conference.

Members of the Drath family have been present throughout the trial. They are "very happy with the prosecution," they told Homicide Watch.

Among the prosecution's final witnesses was MPD Detective Gus Giannakoulis, who interviewed Muth in a video taped session shortly after Drath was found dead.

Muth showed little emotion in the video clips shown in court Tuesday. He appeared to be sitting slouched back on his chair and speaking calmly to the two detectives. He briefly broke when both detectives left the room saying to himself, "Viola Drath has been murdered," as he fidgeted around in his chair and buried his face into his hands.

At Trial, Drath's Daughter Says Muth Pressured Mother for Money

Ivan Natividad — Mon, 13 Jan 2014 18:43:51 -0500

Prosecutors in the case against Albrecht Muth have argued during trial that Muth married Viola Herms Drath, his wife of 23 years, for financial gain.

Muth, 49, then murdered the 91-year-old Drath in her Georgetown home to accumulate more wealth from a forged inheritance document, prosecutors say.

"We had a marriage of convenience," Muth said to police after Drath's death. "We got along contentiously."

At trial Monday, Connie Drath Dwyer, Viola Drath's eldest daughter, told jurors that throughout the years Muth pressured her mother for money.

Over the years Muth, Dwyer said, asked for a monthly allowance and eventually got Drath to sign off $60,000 to $70,000 into a personal brokerage account for Muth.

Months before Viola Drath's murder, Dwyer told jurors that she, and her sister Francesca, began to receive a flurry of emails from Muth with a list of things he wanted to have after Drath would die.

"He had a list of demands of things in the house that he wanted," Dwyer said Monday. "[Francesca Drath] was insulted because mother was still in good condition. It was ridiculous."

During trial last week, Ethan Drath, Viola Drath's grandson, testified that he was not happy about Muth's marriage to his grandmother, and that he felt like Muth was going to "take the money and run."

According to Ethan Drath, weeks before Viola Drath's death she gave him her financial documents to keep safe. When Ethan Drath heard his grandmother had died he drove to her house and met his mother, Francesca Drath, and Muth outside in front of his grandmother's home.

Ethan Drath said that his mother handed him a one-page document that Muth gave her when she arrived.

"It was asking for $150,000 to be put in Muth's name," Ethan Drath said. "I never saw it before that day."

The case is scheduled to continue tomorrow at 9:30 a.m.

At Muth Trial, Witnesses Describe Domestic Violence in Drath Household Prior to Murder

Ivan Natividad — Thu, 09 Jan 2014 18:10:54 -0500

Prosecutors in the case charging Albrecht Muth with the August 2011 death of his 91-year-old wife, Viola Herms Drath, have argued at trial that Drath's murder was the culmination of years of domestic abuse by Muth.

Thursday was the third day of testimony that is expected to last two to three weeks. Muth's defense has not yet presented their case.

On Thursday, government witnesses testified that Muth verbally and physically abused Drath in their Georgetown home.

Christopher Barnett, who lived in the same Georgetown neighborhood, said that a few days before Drath died he witnessed Muth lay his hands on Drath at the couple's home.

Barnett, an Army officer stationed at Fort Meyer, also said that while walking his dog in Glover Park he would often see Muth walking up and down the street posing as an Iraqi general and wearing a fake Iraqi Army uniform.

Barnett said he supplemented his Army income by fixing computers and laptops for money and had been called by Muth to fix his computer. When Barnett arrived at the house, Drath answered the door and lead him to Muth.

Muth lead Barnett to a room, handed over his laptop, and asked him to free up the memory to make the computer go faster, Barnett said.

As Barnett worked on the laptop, Drath walked in the room with a tray of beverages, offering him something to drink. Barnett declined, and soon Muth became "irate" screaming profanity at Drath in German and English.

"He was saying f*** and sh**, and you're useless, get out of my business," Barnett said Thursday.

Barnett told jurors Muth then pushed Drath with two hands, attempting to get her out of the room. Drath then fell back hitting her elbow on a doorway. She then walked away and began to read a book, Barnett said.

Muth paid Barnett and asked him to come back a second time. Barnett said Muth again yelled profanities at Drath.

Drath's grandson, Ethan, told jurors that in May 2006 his grandmother had phoned him. He described her as "frantic."

"She was upset on the verge of hysterics," Ethan Drath said. "There was an incident between her and Mr. Muth, and she wanted me to go to her house."

When Ethan Drath arrived at the Georgetown home, his grandmother answered the door with her hair wet from soup, he said.

According to Ethan Drath, Viola Drath told him that she got in a verbal argument with Muth during dinner. The altercation escalated when Muth began to throw food at her, including his soup. He broke plates, chairs and glasses before getting into a "shoving match," with her, Ethan Drath said Viola Drath told him.

Ethan Drath said Muth was not home when he arrived and he took his grandmother to his aunt's house nearby. He did not report the incident to police until Aug. 15, 2011, three days after Viola Drath's death.

The trial is scheduled to continue Monday, January 13 with Judge Russell Canan.

During Murder Trial, Muth's Emails Detail Emotional State

Megan Arellano — Wed, 08 Jan 2014 20:26:32 -0500

Days after 91-year-old Viola Drath was found dead in her Georgetown home, her husband Albretch Muth wrote a series of emails to a man he'd just met through a personal ad.

"Week was horrible. Start of week even worse," said one. "Hope you're well. Im [sic] not. Have you said your prayers?" said another.

Muth, 49, is charged with first-degree murder with aggravating circumstances for the August 2011 strangulation of Drath.

Auran Awan testified Wednesday that he met Muth through Craigslist in August 2011. Though their correspondence lasted eight days, defense attorneys say the two men exchanged hundreds of emails. Muth told Awan that he was "well-off" and that he would help Awan advance his career and find housing, Awan said. After Awan learned through the news of Drath's death, the two men continued to email each other.

In his last email to Awan, Muth wrote, "I am assured of the almighty. I am assured of my men. [...] Am I assured of you?"

"I can and will no longer take it."

Charles McGrath didn't know Viola Drath until he was asked to introduce her at a 2005 awards ceremony in Lincoln, Neb. From there, he was brought into the world of luncheons and events planned by Drath and her husband Albrecht Muth.

Though McGrath mainly interacted with Drath, McGrath testified Wednesday that he had lunch with Muth during October 2010.

During their meal at The Guards, Muth told McGrath about his prenuptial agreement. Because the agreement was now 20 years old, Muth "thought it could be revised or dispensed with," McGrath said. McGrath told jurors that he declined to discuss the matter with Muth.

In April 2011, Muth emailed McGrath after a luncheon where Muth was "disruptive" and "disrespectful" to Drath, McGrath testified. The email apparently contained a message that Drath sent to Muth, and that Muth had later annotated.

"[I] think I have been good to you for the past 20 years," Drath wrote. "I can and will no longer take it. I have been useful to you and you have enlivened my life to some degree."

Muth's asides were scattered through the email, contained in parenthesis, typed in all capital letters. "I HAVE CREATED THE POST JOURNALISM PERSONA OF THE HONORABLE VIOLA DRATH," read one.

"Other support arrangements" made for Muth's benefit

Drath approached Army Captain Jordan Stapley in the fall of 2010 for help drafting a will.

Stapley, an Army legal assistance officer, told jurors that during appointments with older clients, he was trained to watch for signs of mental deterioration. But Drath was "very aware of what she was doing," Stapley said.

During their first meeting, Drath brought several documents to Stapley, including a standard "will worksheet" and the prenuptial agreement, explained Stapley.

But Drath also brought another, more unusual document to the meeting: a typewritten paper that established a $150,000 bequest to Muth as a separate part of the will. And if the total value of the Drath estate exceeded $600,000, the document would give an additional $50,000 to Muth, said Stapley.

At the bottom of the document, two blank fields called for Drath's signature and Muth's signature. According to Stapley, signature fields are "typically not" included in such documents. After Stapley discussed the document with Drath, he said that Drath decided not to include the terms in her will.

Drath did want Muth mentioned in her will though, Stapley said. Specifically, Drath's will disinherited Muth from the will because "other support arrangements had been made for his benefit," according to a version of the will read Wednesday in court.

Drath's will was executed on November 17, 2010, Shipley said. He advised Drath, like his other clients, to hide the will in a safe place.

Daughter, Lawyer Testify at Start of Georgetown Murder Trial

Megan Arellano — Tue, 07 Jan 2014 18:27:56 -0500

Jurors heard opening arguments Tuesday in the trial of Albrecht Muth, the 49-year-old man who dressed as an Iraqi general before his arrest, has claimed his wife's murder was an assassination by Iranians, and has fasted for over a year, unable to attend his own trial.

Muth, 49, is charged with first-degree murder with aggravating circumstances in the death of his 91-year-old wife, Viola Herms Drath, who was found on August 12, 2011 beaten and strangled in her Georgetown home.

Francesca Drath, daughter of Viola Drath, took the stand Tuesday to tell jurors about Muth. Francesca Drath admitted that she did not see her mother as frequently in the years before her death because of her dislike of Muth, though she was still allowed to visit the family home.

According to Francesca Drath, Muth was a "prolific" emailer. In the months before Viola Drath's death, Muth was in communication with Francesca Drath and her sister about how Viola Drath's possessions would be divided when she died, Francesca said. On July 19, 2011, she told him that "we're not going to be concerned with your list anymore," referring to the possessions. In court, Francesca Drath pointed out that her mother was still alive at the time.

Francesca Drath told jurors that after her mother's passing, Muth asked her for his monthly allowance of $1800. Muth also produced a letter that indicated Viola Drath gave him permission to live in the house for the next three months.

Muth also refused to sign documents for his wife's memorial, including documents for her cremation, Francesca Drath testified. "I think he was worried about his ability to pay," she said. Francesca Drath added that Muth did not engage in the funeral process, though he wore "mourning" garb.

William Boltz testified Tuesday that in May 1990, he met Drath when she contacted him to write a prenuptial agreement between herself and Muth. Boltz told jurors that the agreement mainly ensured that "Muth would not have claim to Drath's estate."

The agreement was signed without event by both parties and their lawyers, according to Boltz.

Boltz didn't hear from Drath again until June 5, 2006, he said. On that occasion, Drath asked Boltz for help in obtaining a legal separation, Boltz said. According to Boltz, a legal separation is usually necessary in cases where custodial rights are a factor; but a legal separation would have allowed Drath to prevent Muth from entering her home. But Drath was "afraid that he might come back." Boltz explained.

When it came time to serve Muth with the separation agreement, Muth "disappeared", said Boltz.

Boltz testified that he attempted to contact Muth's mother in Germany and old friends.

"We couldn't find anyone who knew where he was," Boltz said.

In August 2007, Drath was considered legally separated and a court gave her permission to serve Muth "by publication", Boltz said.

For three weeks, two newspapers published the necessary documents every day. In January 2008, Boltz informed Drath that they could finally schedule a hearing for her divorce. Drath responded in an email, telling Boltz not to "do anything further until you hear from me," he testified.

Boltz told jurors he never heard from Drath again.

The trial is scheduled to resume Wednesday.

Jurors Selected for Albrecht Muth Murder Trial

Ivan Natividad — Mon, 06 Jan 2014 17:21:47 -0500

A jury was selected Monday for Albrecht Muth's murder trial, which is expected to begin at 10 a.m. Tuesday with opening statements.

On Monday, prosecutors and defense attorneys sifted through a pool of more than 50 potential jurors in a process that took more than four hours. The trial is expected to last two to three weeks.

Eleven men and four women were selected as jurors. Three of those 15 jurors will be designated as alternates at the conclusion of trial.

Muth, 49, is charged with first-degree murder with aggravating circumstances in the death of his 91-year-old wife, Viola Herms Drath, who was found on August 12, 2011 beaten and strangled in her Georgetown home.

Unable to stand trial due to a self-induced fast, Muth will participate in all trial proceedings via a videolink to the hospital where he is being treated.

Days Before Scheduled Trial, Muth Still Physically Unable to Attend

Megan Arellano — Thu, 02 Jan 2014 18:22:26 -0500

One year into an on-again-off-again hunger strike, murder defendant Albrecht Muth is preparing for a trial that he insisted would never happen by chewing food that meets his "dietary regimen."

Muth is charged with the death of his wife Viola Drath, who was killed in August 2011. The trial has been delayed in part because of Muth's prolonged fast, but on Thursday Judge Russell reaffirmed his intention to try Muth on January 6.

Muth's fast has left him unable to attend court proceedings since February 2013.

At a status hearing Thursday, Doctor Gilbert Daniel, told the court that Muth now chews food and spits it out when it doesn't correspond with his "dietary regimen given to him by the Angel Gabriel."

Daniel said Muth claims that the diet is to help him for his trial "at the end of January." Daniel said that he has passed on the requests to the nutritional team and that the team tries to accommodate him "as much as possible."

Generally, Muth has been "eating more than usual" since December 25, though he still can't sit up on his own, said Daniel. He added that Muth does not seem to have the ability to concentrate for long periods of time, explaining that Muth "drifts off" when spoken to. Daniel said that he does not believe Muth could watch video of the trial all day without losing concentration.

Daniel suggested it would take "at least two months" for Muth to regain physical control of his body and the ability to concentrate. Otherwise, Muth's body chemistry and internal functions are "doing fine," according to Daniel. "It's unusual that someone can maintain this body chemistry for so long," Daniel added.

Judge Canan explained his decision to proceed, saying that Muth has been warned often against "deliberate manipulation of the system" and "advised repeatedly of the fact that his conduct could result in this court proceeding in his absence." Canan also ruled that Muth would not be continuously visible to jurors during the trial, though Muth will be able to watch and listen to video proceeding.

Muth may still appear before jurors via video conference if he exercises his right to testify.

Opening arguments are expected to begin on January 7.

Despite Fast, Muth Murder Trial Prepares To Move Forward

Megan Arellano — Wed, 18 Dec 2013 12:25:02 -0500

Albrecht Muth's trial on charges that he killed his wife, Viola Herms Drath, is still expected to take place January 6, despite Muth's continued and prolonged fast.

At a hearing on Wednesday, Judge Russell Canan asked Muth to end his fast. Muth replied that he would not.

"I do not have the authority to break my fast," he said, adding that he was fasting on "the authority of St. Gabriel."

Muth did say that he would "ask for permission to break the fast", though ultimately, he promised to "follow holy orders".

Muth, 49, has been in a self-induced fast for nearly a year that has left him unable to attend court proceedings for approximately 11 months.

He is charged with first-degree murder with aggravating circumstances in Drath's death. She was found dead on August 12, 2011, beaten and strangled in her home.

Muth is not expected to appear physically in court. His health has been severely impacted by his fast and prosecutors said Wednesday that it is still difficult for Muth to move or sit up.

Muth will have video and audio access to his trial, though Judge Canan noted "it is not my intent that the jury can see him."

Muth’s defense attorney Dana Page expressed concerns that if the trial is conducted via a video conference, any issues that Muth has during trial would not be confidential because of the technical staff that would be present with Muth.

Judge Canan agreed that Muth was "entitled to privacy" and suggested that that the defense could have someone present with Muth or that Muth could have a separate phone to call his attorneys during trial.

A hearing is set for January 2 to ensure that the technical elements for Muth's trial are functional.

Judge Denies Albrecht Muth's Motion to Subpoena General Petraeus

Ivan Natividad — Thu, 21 Nov 2013 17:03:07 -0500

Albrecht Muth, the man charged with killing his 91-year-old wife Viola Herms Drath, has previously pleaded with the court to allow former U.S. General David Petraeus to testify in his murder trial to validate Muth's military service, and to exonerate him of Drath's murder.

On Thursday, though, Judge Russell Canan denied a defense motion for Muth's counsel to subpoena Petraeus, or anyone beyond 25 miles from D.C.

Muth's defense attorney, Craig Hickein, argued, though, that Petraeus was a necessary witness for the defense, and that there is a common connection between Petraeus, Muth, and Drath. But prosecutors said Thursday that Petraeus has no relevant testimony to give in the trial, and that Petraeus has told the government that he has never met Muth.

Court documents state that Petraeus also told prosecutors that he has no information to provide regarding Mutht's military service, or occupation, and all he knows about Muth and Drath is from what he has read in the news.

Muth, 49, is charged with first-degree murder with aggravating circumstances in the death of Drath, who was found on August 12, 2011 beaten and strangled in her home.

Since his arrest Muth, 49, has claimed he was a brigadier general in the Iraqi army, and that Drath was killed by Iranian agents. In December 2012, Muth began an on-again-off-again self-induced fast which has kept him from being present in court.

Dr. Russom Ghebrai, Muth's personal physician, told the court Thursday that there has been no significant change in Muth’s medical condition since an October hearing in which Muth was determined to be physically unable to stand trial.

“I would not say it's worst,” Ghebrai said of Muth's condition Thursday. “He is eating sometimes, and fasting most of the time.”

The case is scheduled for a hearing of evidence on November 26. A trial date is scheduled for December 2.

Judge Orders Trial to Proceed in Muth's Absence

Ivan Natividad — Thu, 31 Oct 2013 17:04:18 -0400

For more than nine months a self-induced fast has prevented Albrecht Muth from attending court hearings in a case charging him with the death of his 91-year-old wife, Viola Herms Drath. On Thursday, Judge Russell Canan ordered that the case against Muth will proceed to trial without Muth present.

"Mr. Muth you are knowingly, intelligibly, and voluntarily waiving your right to be present at trial," Judge Canan said to Muth, who entered his presence by phone. "It is my hope, though, that you begin eating and drinking again to be physically ready for trial."

Muth responded to the court's ruling Thursday in a diatribe defending his self-proclaimed military service and refusal to end the fast. He also urged Judge Canan and counsel to "recuse yourselves from this case."

"You have blocked me at every turn to deny General Petraeus and prime minister delegates from testifying," Muth said over the phone. "Breaking the fast is not an option, I have been told by the Holy Father and it is passed upon me by St. Gabriel."

Muth, 49, is charged with first-degree murder with aggravating circumstances in the death of Drath, a Georgetown socialite who was found on August 12, 2011 beaten and strangled in her own home.

Since his arrest Muth has lied about his military service, and blamed the death of Drath on Iranian agents.

According to court documents, in December 2012 Muth was found competent to stand trial, but has since remained in what doctors call a “self-induced starvation.”

Muth is currently being held at the United Medical Center. His physician, Dr. Russom Ghebrai, told the court Thursday that Muth's condition is "progressively getting worst" and that he currently weighs 92 pounds.

"His body is moving at a minimum requirement, and he is getting weaker and weaker," Ghebrai said. "To be physically better it would take two to three weeks of treatment. But at this point he refuses treatment."

The case is scheduled for a trial readiness hearing on November 26.

Judge Denies Albrecht Muth Motion to Represent Himself

Ivan Natividad — Thu, 17 Oct 2013 18:13:52 -0400

Albrecht Muth, the man charged with the 2011 death of his 91-year-old wife, Viola Herms Drath, on Thursday was denied the right to represent himself at trial. Judge Russell Canan denied the request due to Muth's inability to attend court hearings because of medical conditions he endures from a nine month self-induced fast.

"If you elect to stop the fast, it is my intention to let you represent yourself," Judge Canan said to Muth, who entered his appearance by telephone. "If you elect not to end this fast the court would proceed to trial without you present."

According to court documents, Muth sent a handwritten letter to the court on October 2 stating that despite what he calls a "religious fast," he is able and ready to stand trial. In the letter Muth also requests to represent himself stating that his defense attorneys "consistently undercut my defense."

"They do not act or speak on my behalf," Muth's letter states. "I distance myself from the defense strategy they are pursuing."

Muth, 49, is charged with first-degree murder in the death of Drath who was found on August 12, 2011 beaten and strangled in her Georgetown home. Muth was arrested four days later and has since lied about his military service, and has blamed the death of Drath on Iranian agents.

In December 2012 Muth was found competent to stand trial, but has since refused to eat or drink regularly and has remained in what doctors call a “self-induced starvation.” Court documents state in March Judge Canan urged Muth to end his fast, stating Muth would waive his right to be physically present in court if the fast did not end.

Muth's fast has not stopped and he has since been held at United Medical Center for further observations.

Dana Page, Muth's defense attorney, said Thursday that according to his doctor, Muth can not move, stand, or sit up, describing Muth's condition as "critical." Prosecutors claim that Muth's doctors advised them that Muth is currently not physically capable to stand trial, unless he stops fasting and is given two weeks to rehabilitate.

"You are barring me from attending court to represent myself," Muth said over the phone. "You want to deny me the right to call General Petraeus as a witness."

The case is scheduled for a status hearing on October 31.

Prosecutors Say Albrecht Muth Murder Trial Can Start Without Defendant

Ivan Natividad — Tue, 23 Jul 2013 18:48:48 -0400

Prosecutors in the murder case against Albrecht Muth have argued that Muth be allowed to stand trial, despite his inability to attend court hearings.

Proceeding with a trial without the defendant present would be highly unusual, but prosecutors have argued that Muth has forfeited his right to be present at trial by continuing a lengthy hunger strike. The hunger strike has significantly impaired Muth's health.

In a Friday court filing, first reported by the AP, prosecutors said Muth's fasting is a deliberate "attempt to avoid trial."

"Muth's continued refusal to accept regular nourishment could be viewed as a valid waiver of his constitutional right to attend trial," prosecutors wrote to the court.

Muth, 49, is charged with first-degree murder in the 2011 death of his 91-year-old wife, Viola Herms Drath.

On August 12, 2011, Drath was found beaten and strangled in her Georgetown home. Muth was arrested four days later and has since given false claims of his military service, blaming the death of Drath on Iranian agents.

In December 2012 Muth was examined and found competent to stand trial, but he has since refused to eat or drink regularly and has remained in what doctors have called a "self-induced starvation."

In March 2013 Judge Russell Canan urged Muth to end his fast, warning Muth that if he continued the fast the court would consider that he had "waived your right to be physically present in the courtroom."

Muth's fast never stopped, and due to medical issues has been held at United Medical Center for further observations. He has refused medical help and has participated in case hearings only by phone.

Prosecutors say that doctors have advised that Muth is not physically capable to stand trial and that "the acts of standing or even sitting could lead to Muth's sudden death."

The next scheduled status hearing in the case is in October. Trial dates for December and January are currently on the court's calendar.

Albrecht Muth Government's Memo on Proceeding to Trial in Defendant's Absence (PDF)Albrecht Muth Government's Memo on Proceeding to Trial in Defendant's Absence (Text)