In February 1991 John Deroo was found murdered at his Hudson business, Custom Craft Cabinetry. Kessler, who was 69 when the murder occurred, was an investor in the business but was not arrested for Deroo's murder until 1993. This happened after federal informers taped Kessler allegedly conspiring to take out an insurance policy on another business associate, who then would be murdered for the proceeds. Investigators found that Kessler had taken out a policy on Deroo, though unbeknownst to Kessler the policy had lapsed for nonpayment shortly before Deroo died. Kessler was found guilty and the jury recommended death 9-to-3. At age 75, Kessler was sentenced to death. He appeals.