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Thread: Brian David Horn - Louisiana Death Row

  1. #21
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    Another delay sought in Brian Horn murder case

    Judge will hold hearing Wednesday on the latest motion for continuance

    By Vickie Welborn
    The Shreveport Times

    MANSFIELD — As if the twists and turns of the pending capital murder case of a DeSoto Parish man accused of killing a Stonewall boy almost four years ago can’t get any more bizarre, another hiccup has arisen to threaten next month’s trial date.

    The major delay now sought by the defense comes two weeks before the scheduled start of jury selection in East Baton Rouge Parish. District Judge Robert Burgess will take up the matter in a hearing at 10 a.m. Wednesday. Part of the session is expected to be held behind closed doors.

    At issue is an allegation that lead defense counsel, Daryl Gold, of Shreveport, has failed to follow prescribed guidelines and adequately prepare for trial, considered a “violation of both his ethical and professional responsibility” that subject him to “potential sanctions or disbarment by the Louisiana Supreme Court,” states a motion filed Friday seeking yet another continuance.

    The Louisiana Public Defender Board is decertifying Gold as lead counsel for indigents in capital cases, according to the court filing, and two new attorneys are being recommended to replace him. Their estimated time needed for trial preparation ranges from 10 to 14 months.

    Gold, who is in the process of withdrawing from the case, said he could not comment on the allegations until the matter has been resolved. If he resigns, Gold would be the third attorney from the defense team to do so in as many years.

    DeSoto Parish District Attorney Richard Johnson said he will vigorously oppose any delay in the trial. “Even if it’s one day, we will oppose,” he added.

    Getting the case to trial has already taken longer than any others in recent history in DeSoto Parish. March 30 will mark the fourth anniversary of the death of Justin M. Bloxom, 12. Authorities say the North DeSoto Middle School student was abducted by Horn, 37, of Keachi, who portrayed himself as a young girl via text messages.

    Horn, a twice-convicted sex offender, picked up Bloxom, who was at a friend’s house in Stonewall, and drove until his Action Taxi cab ran out of fuel on U.S. Highway 171 near Stonewall, DeSoto Parish sheriff’s investigators said. Bloxom’s body was found hours later in a shallow pool of water in a wooded area next to the highway where the disabled cab sat until Horn retrieved more fuel.

    If convicted, Horn will face the death penalty as a possible sentence.

    The case has been fraught with delays. Two previous attorneys, Elton Richey and Ross Owen, have resigned; Richey in November 2011 and Owen in February 2011.

    Richey has since returned to work for the Capital Assistance Project of Louisiana, the separate agency that contracts with the state public defender’s board to represent indigent defendants facing the death penalty. However, Richey and CAPOLA chief counsel Richard Goorley provided the court with affidavits listing their case load and giving reasons why they could not be ready for trial March 11.

    Pre-trial hearings have been scattered over the past few years as evidentiary issues have been debated with the testimony of expert witnesses. The defense on many other occasions has begged for more time, including the request of a mitigation specialist, which was turned down, for up to a year to interview over 400 people she said whose input was needed to pull together a story of Horn’s life.

    At least three trial dates were set and refixed. Last year, Burgess set a Feb. 3 trial date and earnest preparations were underway until late January when another delay was granted after new evidence surfaced.

    During those trial preparations, investigators were able to positively match a fingerprint lifted from the taxi car passenger side window to Bloxom. Until then, there had been no direct evidence placing Bloxom inside of Horn’s cab. A relatively new computer software program aided in making the fingerprint comparison.

    Gold called the evidence a “game changer” for his defense strategy. To allow the defense to work that information into their case, Burgess pushed back the trial’s start date until March 11.

    Included in the new motion for continuance are affidavits from James T. Dixon Jr. of the state public defender’s board and two attorneys, Kerry Cuccia and Dwight Doskey, of CAPOLA, who are being substituted as counsel for Horn. All agree it would take a “reasonable length” of 10 to 14 months to get up to speed.

    In his affidavit, Cuccia notes the complexity of the case, having over 3,000 pages of discovery and 790 pages of testimony. In the guilt-innocence phase of the trial, the prosecution is likely, he said, to call 47 witnesses, including 19 law enforcement officers, three experts and 24 lay witnesses. Nine people are listed as victim witnesses for the penalty phase. The defense’s mitigation records are about 10,000 pages, reaching back into Horn’s early childhood.

    “It is my opinion that replacement counsel would fall below an objective standard of reasonableness under prevailing professional norms if they were not given sufficient time to thoroughly review and absorb the mountain of evidence in this case,” Cuccia wrote.

    In addition, Cuccia wrote the lead counsel also must devote time to build a relationship of trust with the defendant. “He must understand the client and his life history. He must learn enough about the client to convey a sense of truly caring what happens to him.”

    Establishing a relationship with the defendant is also enumerated among eight responsibilities of lead counsel cited in the motion for continuance. All are part of the American Bar Association standards adopted by the state public defenders board in death penalty cases.

    Also listed are quality representation of the defendant, assembling and performance of the defense team, investigation of the case, assertion of all legal claims, seeking an agreed upon disposition of the case, overall trial preparation and whether all mitigation investigation has been adequately completed and meeting with all experts.

    Cuccia additionally outlines in detail the importance of adhering to ABA guidelines that emphasize the importance of counsel learning the defense strategy. It’s important, he said to develop a theory of defense, especially when a client’s life is at stake, as to the guilty and mitigation, which is the part of the trail where information about a client’s background is introduced to sway a jury away from the death penalty.

    Mitigation information and expert advice must be incorporated into the defense strategy even from jury selection, he said.

    “Seminars in capital defense instruct that counsel who does not view the entire capital trial, from jury selection through penalty phase, in this holistic manner cannot be effective. Efforts to obtain an acquittal, or at the very least, a life sentence, must begin with the examination of the first potential juror,” he wrote.

    http://www.shreveporttimes.com/artic...nclick_check=1

  2. #22
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    Jury selection begins Tuesday in DeSoto capital murder trial

    When potential jurors arrive Tuesday morning the East Baton Rouge Parish Courthouse, details about their lives, and more particularly their thoughts on the death penalty, will already be known to attorneys who will be questioning them.

    A supplemental questionnaire mailed last month was designed to elicit even more insight such as personal feelings about those who do harm to children, any situations in which the juror or a family member had ever been sexually assaulted and even if the person or someone close to them had lost a child through an act of violence.

    All are inquiries meant to acquaint prosecutors and defense attorneys with the prospective jurors who will eventually make up the jury that will decide the guilt or innocence of Brian Horn. The same group then will decide if the 37-year-old Keachi man will spend the rest of his life in prison or die by lethal injection.

    The long-awaited trial is what Amy Witham Fletcher and her army of family members and friends call “Justice for Justin.” Fletcher’s son, Justin M. Bloxom, is Horn’s alleged victim.

    The 12-year-old North DeSoto Middle School student was lured away from a friend’s home early on March 30, 2010 and killed. DeSoto Parish sheriff’s investigators say Horn obtained Bloxom’s cell phone number and portrayed himself as a young girl through text messages to entice Bloxom to leave.

    Horn, a twice-convicted sex offender, picked up Bloxom in his leased Action Taxi cab. Hours later, Bloxom’s body was found in a small pool of water in a wooded area next to a fence row off U.S. Highway 171 near Stonewall. He died of asphyxiation.

    Because the DeSoto District Attorney’s office is seeking the death penalty, those seated for Horn’s trial must be able to vote for it if he is convicted. A process referred to as “death qualifying the jury” will take up a majority of Tuesday.

    That’s when the 300 people who received jury summons will be asked right off the bat to let attorneys know if they can or cannot vote for the death penalty. Those who will not consider it or who are inclined to vote for it regardless of the mitigating circumstances presented during the penalty phase are dismissed.

    The jury questionnaire asks jurors to reflect thoughts on the death penalty such as “I will always vote to impose the death penalty, regardless of the evidence,” or “I oppose the death penalty and would have a difficult time voting in favor of it, but I could consider all evidence to determine guilty or innocence of the charges,” and even, “I am personally, morally or religiously opposed to the death penalty and would never vote to impose it under any circumstances, regardless of the evidence.”

    Once attorneys whittle down the jury pool, the remaining individuals will be separated into panels of 12 each for further questioning. Court officials hope that process can begin at day’s end or at least by early Wednesday, and early estimates are it can take anywhere from three to five days to complete. District Judge Robert Burgess will convene court daily at 9 a.m.

    No jurors will be seated until prosecutors and defense attorneys are satisfied they have 15 men and women — 12 jurors plus three alternates — who can render an impartial verdict in Horn’s case. Only then will they be sequestered away from friends and family then transported to Mansfield for the actual proceedings.

    Fortunately, for the jury panel, accommodations in the city have improved significantly since the last sequestered jury in 2000. Then, there were only two older motels where jurors could be housed.

    Thanks to the Haynesville Shale, Mansfield for the past three years has been home to three chain motels. Jurors in this trial will be housed overnight at Comfort Inn & Suites.

    Total cost to the parish for all of the expenses likely won’t be calculated for months, but capital cases historically can top the $100,000 mark. The DeSoto Parish Police Jury, which pays for court-relates expenditures through the criminal court fund, does not have a preliminary tally of costs incurred so far, Administrator Steve Brown said.

    “The criminal court fund collects about $900,000 annually and we have about $1.5 million in reserves. I understand that the courts believe that this amount is sufficient for this case,” Brown said.

    Sheriff Rodney Arbuckle, who was accompanied by four deputies to Baton Rouge, said some of his office’s expenses will be covered by his budget because tasks such as the transportation of Horn to and from Baton Rouge and providing court security while there fall under normal job duties. East Baton Rouge sheriff’s deputies also are filling the gap by getting Horn from their detention center to the courthouse each day.

    Once back in Mansfield, additional costs are expected because of 24-hour security that is required for the sequestered jury. “So some of those things will be billed to the Police Jury and some are just part of our everyday expenses,” Arbuckle said.

    The same goes for the DeSoto Clerk of Court’s office. Clerk Jeremy Evans and two criminal deputy clerks are in Baton Rouge for the duration of jury selection. Their hotel stays and meals will be billed to the criminal court fund. But two laptops purchased to aid the deputy clerks with their jobs while there won’t be. Evans said that’s because he can use the equipment in his other daily operations.

    “There’s no telling how much all of this is going to cost,” Evans said of all involved.

    http://www.shreveporttimes.com/artic...nclick_check=1
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  3. #23
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    Judge may resort to tales jury in Horn trial

    After gaining only 9 more prospective jurors at day’s end today for a DeSoto Parish capital murder trial, District Judge Robert Burgess will make a decision Monday on whether additional people should be summoned from East Baton Rouge Parish for jury duty.

    The 9 bring to 29 the number of people remaining in the jury pool for general questioning in Brian Horn’s first-degree murder trial. A total of 80 people separated into five panels had been questioned as of tonight. Court is recessed for Sunday.Sixty people remaining from the original 300 summoned for jury duty will be told to return to court Monday morning.

    Selecting additional jurors beyond the initial venire is called a tales (pronounced tay-leez) or emergency jury. Upon court order, names of parish residents who meet qualifications for jury duty are drawn at random. Then, sheriff’s deputies will personally deliver court summons to them with instructions to report immediately to court.

    A tales jury is not common. It’s only used when the first jury pool is exhausted. Louisiana law outlines the procedure the court must follow when pulling a tales jury.

    Attorneys would like to have at least 45 people in the final pool. That will give an adequate number for their final challenges – 12 each for the state and defense – and leave the 12 jurors and three alternates for the trial.

    Jury selection for Horn’s trial began Tuesday in Baton Rouge. It was moved from the area because of extensive pretrial publicity. And even though attorneys first thought picking a jury in East Baton Rouge Parish would move quicker, the process has been slow.

    To make the final cut, the jurors must be able to consider the death penalty as a punishment along with life in prison. Attorneys want jurors who are neither too pro death sentence or too lenient on the death sentence.

    Horn, 37, of Keachi, will face the death sentence if convicted in the March 30, 2010 homicide of 12-year-old Justin M. Bloxom of Stonewall. Horn already had two convictions for sex offenses prior to his arrest in Bloxom’s murder. Investigators say Horn used text messages to lure Bloxom away from a friend’s house before allegedly killing him.

    Horn’s trial will move back to Mansfield once the jury is seated.

    http://www.shreveporttimes.com/artic...ury-Horn-trial
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  4. #24
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    Final jury selection set to begin in Brian Horn capital murder trial

    The final selection of jurors is set to begin next week in the capital murder trial of Brian Horn, accused of kidnapping and killing a 12-year-old Stonewall boy in March of 2010.

    DeSoto Parish District Attorney Richard Johnson says 61 potential jurors have been selected for the trial. Johnson says they will start selecting the final 12 jurors and 3 alternates on Monday.

    Justin Bloxom's body was found in a wooded area just off Highway 171 south of Stonewall.

    Horn, who is 37-years-old and a twice-convicted sex offender, is charged with first degree murder and faces the death penalty if convicted.

    Johnson says jury selection takes longer in capital murder trials because the entire jury has to be death penalty qualified.

    Johnson says Horn has been present in court every day.

    http://www.ksla.com/story/25035817/f...l-murder-trial
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    Horn murder trial expected to open Thursday

    Opening statements are tentatively expected to begin at 9:30 a.m. Thursday in DeSoto District Court in the capital murder trial of a Keachi man accused in the death almost four years ago of Justin M. Bloxom, 12, of Stonewall.

    Jurors who will hear evidence in Brian Horn’s case are scheduled to be selected Wednesday morning in East Baton Rouge Parish. They’ll be sworn in and transported to Mansfield, DeSoto District Judge Robert Burgess said today.

    Court officials have spent 11 days spread over two weeks in the Baton Rouge courthouse going through the process of picking men and women for the trial. They started March 11 with a jury pool of 300, which was cut in half after hardships were considered, then another 148 were added last week when numbers in the first group dwindled.

    The biggest hurdle has been finding jurors who are willing to consider the death penalty if Horn is convicted. Life in prison is the other option available to them.

    Horn even tried unsuccessfully to throw up a roadblock to the death penalty. On the first day of jury selection, Horn filed two motions without his attorney’s assistance asking the judge, who ruled him out of order, to take it out of consideration.

    Horn, 37, is a twice-convicted sex offender. DeSoto Parish sheriff’s deputies say on March 30, 2010, Horn used a cell phone to text Bloxom, who was at a friend’s house over spring break, and portrayed himself as a young girl. Horn drove his leased Action Taxi cab to the Stonewall residence to pick up Bloxom to meet the girl.

    Horn ran out of gas on U.S. Highway 171 near the Red Bluff Road intersection, but he later got a refill and drove away alone. Hours after Bloxom was reported missing, his body was found in the same vicinity but across the fence line in a shallow pool of water. He died of asphyxiation.

    http://www.shreveporttimes.com/artic...S01/303250028/
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  6. #26
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    Brian Horn trial: Capital murder jury goes on field trip to crime scene

    The jury in the Brian Horn first degree murder trial this afternoon got a look at the actual crime scene where 12-year-old Justin Bloxom was found suffocated and face down in a pool of water on March 30, 2010.

    District Judge Robert Burgess, the prosecution and defense teams, along with Horn went to the wooded area off Highway 171 where Bloxom allegedly was smothered by the defendant. Desoto Parish Sheriff Rodney Arbuckle said security was provided by six members of his staff

    The jury in the Brian Horn first degree murder trial this afternoon got a look at the actual crime scene where 12-year-old Justin Bloxom was found suffocated and face down in a pool of water on March 30, 2010.

    District Judge Robert Burgess, the prosecution and defense teams, along with Horn went to the wooded area off Highway 171 where Bloxom allegedly was smothered by the defendant.

    The jury had spent the morning in the jury box of the large third-floor courtroom in the Desoto Parish Courthouse listening to the prosecution question crime scene investigators and law enforcement officers explain in detail the investigation into young Bloxom’s disappearance, and how they were able to find his body, along with what led to the arrest of Horn.

    Then, at 1 p.m., Burgess announced the court would recess and resume at 9:30 a.m. Monday. He said some “administrative” matters needed to be addressed in his chambers.

    Desoto Parish Sheriff Rodney Arbuckle said six members of his staff accompanied the group to the crime scene.

    The jury had spent the morning in the jury box of the large third-floor courtroom in the Desoto Parish Courthouse listening to the prosecution question crime scene investigators and law enforcement officers explain in detail the investigation into young Bloxom’s disappearance, and how they were able to find his body, along with what led to the arrest of Horn.

    Then, at 1 p.m., Burgess announced the court would recess and resume at 9:30 a.m. Monday. He said some “administrative” matters needed to be addressed in his chambers. About an hour later, the motorcade left the courthouse square.

    A first degree murder conviction carries with it either the death penalty or life in prison without possibility of parole, probation or suspension of sentence. If the jury convicts Horn, the trial will then go into the penalty phase, and they will hear testimony from witnesses as to whether he lives or dies. They will then be charged with deciding Horn's fate.

    http://www.arklatexhomepage.com/stor...REets2Ygoj0-7A
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  7. #27
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    State rests case in Horn capital murder trial

    The state has rested its case in the capital murder trial of Brian Horn.

    Horn, 37, is charged with kidnapping and murdering 12-year-old Justin Bloxom of Stonewall in March of 2010.

    Prosecutors say Horn posed as a 15-year-old girl to entice Bloxom via text to meet up with him for sex.

    The boy's body was found in a wooded area off Highway 171 on March 31, 2014.

    Earlier in the day, an expert witness for the prosecution testified that Bloxom's prints were found on the cab that Horn was driving at the time.

    Prosecutors also called to the stand law enforcement officials who worked on the case. Desoto Parish investigator Robert Davidson, who questioned Horn during his arrest, noted he was distant and would take 8 to 10 seconds before answering questions, and that he denied knowing anything about a missing 12-year-old boy.

    The defense is expected to begin making their case to the jury first thing Wednesday morning.

    The jury heard testimony from Dr. James Trailor. He's the forensics pathologist who performed Bloxom's autopsy. He told the jury that Justin died from being smothered. The jury could start deliberating by Friday.

    http://www.ksla.com/story/25133463/s...l-murder-trial
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  8. #28
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    Horn guilty of capital murder in death of Justin Bloxom

    Brian Horn has been found guilty in the kidnapping and murder in the death of 12-year-old Justin Bloxom.

    Prosecutors convinced the jury that Horn, 37, posed as a 15-year-old girl to entice Bloxom via text to meet up with him for sex.

    The boy's body was found in a wooded area off Highway 171 on March 31, 2010.

    The jury of six women and six men from East Baton Rouge Parish were given their instructions and sent to deliberate just after 2 p.m. after a quick round of closing arguments. Word of the verdict came less than an hour later.

    KSLA News 12 will bring you the latest details in a live report from the DeSoto Parish courthouse, on air and online as soon as possible.

    During closing arguments, prosecutor Dhu Thompson told the jury to recall the text message sent by Justin Bloxom in response to explicit photos sent to him by Horn, which said, "you gotta remember, I'm only 12." When that portion of the text conversation was read aloud in on Monday as the state presented its case, an audible reaction was heard in the courtroom.

    Thompson said Bloxom's response to Horn in reminding him of his age is important to note because it shows Horn's intent.

    During closing arguments, Horn's defense did not deny that Horn killed Bloxom. Daryll Gold told the jury that indeed the state had "proved Brian Horn killed Justin Bloxom," but disputed that the killing was intentional. Instead, Gold implied that Bloxom's death was accident.

    That conflicts with the testimony from the forensic pathologist that conducted the boy's autopsy, in which he firmly concluded that Justin Bloxom's death by asphyxiation was no accident.

    Closing arguments for both sides wrapped up around Noon on Wednesday, after Horn's defense team rested its case without calling a single witness.

    Now that he has been convicted, Horn is eligible for the death penalty. Sentencing must take place within 24 hours.

    http://www.ksla.com/story/25145614/v...l-murder-trial
    An uninformed opponent is a dangerous opponent.

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  9. #29
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    Horn penalty phase to resume this morning

    The penalty phase in the Brian Horn murder trial is set to resume Saturday morning.

    RELATED STORY - Jury: Can I send Brian Horn to his death?

    Horn was found guilty on Wednesday by a jury made up of people from the Baton Rouge area and brought to DeSoto Parish.

    Four years ago, Horn lured Justin Bloxom, 12, into his cab by sending text messages, pretending to be a teenage girl.

    Bloxom's body was found in a wooded area off U.S. Highway 171 near Stonewall.

    http://www.ktbs.com/story/25170471/h...e-this-morning
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  10. #30
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    Jury decides on death for Brian Horn

    MANSFIELD, LA (KSLA) - The jury in the capital murder trial of convicted child killer Brian Horn has recommended the death sentence. The jury of six women and six men from East Baton Rouge Parish deliberated for just over an hour before returning the verdict on Saturday afternoon.

    The jury's decision had to be unanimous, or Horn would have been sentenced to life in prison.

    Horn, 37, was found guilty on Wednesday of first degree murder in the death of 12-year-old Justin Bloxom. Prosecutors say he posed as a 15-year-old girl to entice Bloxom via text to meet up with him for sex. The boy's body was found in a wooded area off Highway 171 on March 31, 2010.

    On Saturday morning, Horn's defense attorneys showed numerous pictures of Brian Horn from his childhood, before asking Deborah Adshire to describe his birth and early years.

    Adshire described a lengthy and difficult labor that ultimately required forceps. She described his head as "egg shaped" and bruised when she brought him home.

    When asked how long after she got him home did she notice something was wrong, Adshire said it was when he was 4 or 5 months old, and that he just seemed more active than most babies.

    At 5 months, Horn's mother says he was walking, which she thought was odd, since none of her friend's babies were even crawling.

    She says he was a happy baby, but by the time he was 9 months, Adshire recalled that Horn was running, and that she had to use a dog's leash to keep up with him. This was around the time she says he was also shaking his crib hard enough to cause concern. That's when she says she took him to the doctor, who prescribed Thorazine. The drug is used to treat severe behavior disorders. But it made him so catatonic that he couldn't even lift his arm, so she stopped giving it to him.

    Getting into the later years of Horn's childhood, Adshire recalled when she and Horn's father were arrested for selling drugs out of the home. She described a lot of yelling in the house during Horn's childhood. The couple separated twice before eventually divorcing.

    She told of almost being evicted from their home because the young Horn kept setting paper airplanes on fire and sending them out the window, and using cans of hairspray to create flamethrowers.

    Horn was eventually diagnosed with Attention Deficit Hyperactivity Disorder and prescribed various medications.

    During testimony on Friday, a number of other family members, officials from the Louisiana Training Institute where he was incarcerated and allegedly sexually assaulted and one of his teachers also took the stand as Horn's defense team worked to establish Horn's difficult childhood.

    During a pause in questioning on Saturday, while Horn's mother was still on the stand, Adshire could be seen looking intently at her son, whispering "I'm so sorry."

    "I've thought about this for four years and what I'm going to say. First of all I want to tell Amy that I'm so sorry. Of four years I haven't been able to look in your face because I'm so ashamed. I'm so sorry I'm so sorry for Justin's grandparents. Not a day goes by that I don't think of them. I'm so sorry. I'm sorry. I want my other son Kevin to know I'm sorry he had to go through this. My pride is in my son and I love him unconditionally. I have since conception, and we failed him. I love him with all my heart."

    Looking at the jury, Adshire said, "and I want to tell you I'm sorry that you have to come here and do this. All I ask is I beg for my son's life. Please spare his life. I failed him. I know I shouldn't ask, but I love him. He's had a hell of a life. I'm so sorry."

    Horn could be seen wiping away tears.

    http://www.ksla.com/story/25171151/j...at_pco=cfd-1.0

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