SAN JOSE / Defendant says victim was her lover -- 'He was my life' / Defense says slaying was self defense or in heat of passion
John Coté | September 7, 2006
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It was an unconventional relationship, punctuated by fights and threats of suicide, before ending in death.
Now, the question facing a Santa Clara County jury is whether the killing of Silicon Valley developer and restaurateur Birk McCandless was murder.
Nan Yang was studying nursing at De Anza College and working as a hostess at a Cupertino restaurant. McCandless, nearly 30 years her senior, was her benefactor and then lover, Yang testified Wednesday in a San Jose courtroom.
"He was my life," Yang said, taking the witness stand in her own defense after being charged with murdering McCandless, 57.
Authorities found McCandless stabbed to death in his Saratoga townhome March 15, 2005, and Yang straddling a third floor balcony, repeatedly cutting herself with a knife.
At the time, she was out on bail for assaulting and bloodying McCandless with a heavy flashlight during a fight about three months earlier.
In court, Yang described a tumultuous relationship marked by his infidelity and her threats of suicide that at one point led McCandless to hide his kitchen knives.
"I wanted to die in his house," Yang said, wiping back tears as she describing writing a suicide note to her family in January 2005 before sneaking in McCandless' home to stab herself.
After thwarting her suicide attempt, McCandless promised marriage saying, "OK, this problem needs to be resolved. We'll get married." But he backed away from that statement hours later, Yang testified.
Yang, 29, faces up to life in prison if convicted of murdering McCandless. She is also charged with assaulting and battering him. In addition, she is charged with assaulting and criminally threatening a previous boyfriend, Tetsuyta Ogi of Sunnyvale, after allegedly going after him with a knife.
Yang said she started becoming involved with McCandless, a regular customer at the restaurant where she worked, after he offered to find her an attorney when she was charged with attacking Ogi.
The defense does not dispute that Yang killed McCandless, but maintains the stabbing was in self defense, or at least came amidst the heat of passion -- which could render the crime manslaughter, which carries a maximum 11-year sentence.
Yang testified for the entire court session Wednesday and is expected to return to the stand today for questioning about the night McCandless was killed and cross-examination by prosecutor James Gibbons-Shapiro.
Speaking softly, sometimes giving one- or two-word answers, Yang said she once broke a window with a high-heeled shoe to gain access to McCandless's townhome, sneaked into his gated Carmel house when he failed to call her and at least twice sneaked into his townhome complex through a hole in an electrical utility box that led to the garage.