Killing brings life in prison Randallstown man sentenced in death of retired teacher

No chance for parole

Defendant also guilty of attempted rape, burglary and robbery

July 18, 1998|By Jamie Smith and Joan Jacobson | Jamie Smith and Joan Jacobson,SUN STAFF

A Baltimore County judge convicted Randallstown construction worker Derrick J. Foskey of first-degree murder yesterday and sentenced him to life without parole for killing retired schoolteacher Rosalie M. Bulkley, who was found strangled and sexually assaulted in her ransacked bedroom May 13, 1997.

Circuit Judge Alfred L. Brennan Sr. also found Foskey guilty of attempted first-degree rape -- for which the 33-year-old received a consecutive life sentence -- and of first-degree burglary and common-law robbery. He was acquitted of rape.

Foskey chose to be tried by the judge, rather than a jury.

Before sentencing, Deputy State's Attorney Sue A. Schenning, who tried the case with Assistant State's Attorney James G. Pyne, said she could think of "no more compelling case for life without parole than this one." She cited the 59-year-old Bulkley's more than two decades in the county school system, her devotion to her family and her role as a volunteer.

"You have a woman who led such an exemplary life, and yet the final moments of her life she spent with Derrick Foskey and suffered such despicable acts at his hand," said Schenning. "It ,, really shatters your faith in society that something like this could happen."

Foskey testified this week that he never was in the Bulkley home. But defense attorney Robert W. Lazzaro conceded yesterday that evidence could lead one to conclude that Foskey was there as an accomplice while someone else killed the Randallstown woman.

Lazzaro said his client would appeal.

John R. Bulkley, Rosalie Bulkley's brother-in-law and one of about 20 family members and friends at the announcement of the verdict and sentencing, said he was happy with the judge's decision.

"I wouldn't wish prison on my worst enemy -- it's a horrible place -- but there's no other place for this guy," said John Bulkley, who sat near the victim's husband, Michael, and two daughters, Amy and Mary.

Foskey family and friends said they do not believe he killed Mrs. Bulkley. "He's a good kid," said Reginald Scott, Foskey's godfather. "I feel very sorry for the family, but deep down in my heart I can't see this kid killing someone."

Before he was sentenced, Foskey told the judge: "I realize that I've made a lot of mistakes in my life but I had no part in this. I feel I was a scapegoat."

But Brennan said the evidence was enough.

"The court concludes that the circumstances exclude all reasonable hypotheses of the defendant's innocence," the judge said.

On Thursday, Foskey took the stand in his own defense, calmly denying the murder and saying he never burglarized the home. He said he bought Bulkley's stolen jewelry and coins from an unidentified man in the parking lot of Marriottsville Shopping Center.

Foskey was arrested in June 1997 after he tried to purchase alcohol with two silver dollars allegedly stolen from Bulkley's home. Police later found jewelry missing from Bulkley's home at Foskey's nearby residence.

In addition to the stolen jewelry and coins, evidence in the case included DNA from saliva taken from a cigarette butt found on the floor of Bulkley's home; prosecutors said it likely belonged to Foskey.

But defense attorneys Lazzaro and Dana O. Williams argued that someone else committed the crimes. They cited tests showing that a chest hair on a shirt left on Bulkley's bed did not belong to Foskey.

Genetic material from under her fingernails also was identified as belonging to someone other than Foskey. Forensic pathologist Dr. John E. Adams testified that Bulkley's injuries fell short of conclusive evidence for rape.

Pub Date: 7/18/98

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