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Thread: Anthony Joseph Garcia - Nebraska Death Row

  1. #21
    Administrator Heidi's Avatar
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    Death penalty hearing phase delayed in Garcia trial

    OMAHA, Neb. (KMTV) - UPDATE: (9:10AM) 3 News Now's Jake Wasikowski is reporting that the hearing is over until Garcia speaks with new attorneys.

    A three-judge panel will decide if Creighton killer Anthony Garcia will get the death penalty Thursday.

    The panel will hear testimony from prosecutors and from the defense.

    They then must decide if there are enough aggravating factors to warrant capital punishment.

    Garcia killed Thomas Hunter and Shirlee Sherman in 2008 and Dr. Roger and Mary Brumback in 2013.

    This week, a judge deemed Garcia competent to have the hearing, even though his defense team says he hasn't talked to them since before trial.

    It's the third time he's had his competency evaluated since he was arrested in 2013.

    Jake Wasikowski @jakewasikowski

    Again, no death penalty hearing for Anthony Garcia and it will be delayed for a while. @3NewsNowOmaha

    Jake Wasikowski @jakewasikowski

    Judge was upset they hadn't done it in the 5 months since trial. Now they'll have resources and funds to explain mitigators. @3NewsNowOmaha

    Jake Wasikowski @jakewasikowski

    Garcia's defense filed late paperwork that discussed how they will defend the mitigating factor of Garcia's mental health. @3NewsNowOmaha

    Jake Wasikowski @jakewasikowski

    So Public Advocacy Commission an Motta/Jorgenson team will be co-counsel at later death penalty hearing. @3NewsNowOmaha

    Jake Wasikowski @jakewasikowski

    Family of Shirlee Sherman is here and wasn't happy with another delay. @3NewsNowOmaha
    18m

    Jake Wasikowski @jakewasikowski

    That's it hearing is over until Garcia speaks with new attorneys. @3NewsNowOmaha

    Jake Wasikowski @jakewasikowski

    Judge appoints the Public Advocacy Commission to work as Garcia's defense for death penalty hearing, paid defense team is now co-counsel.
    27m

    Jake Wasikowski @jakewasikowski

    Judge Randall says, "it's quite disturbing" at how slow the proceedings have moved since he was convicted. @3NewsNowOmaha
    27m

    Jake Wasikowski @jakewasikowski

    Judge Gary Randall responds, "seems like a competent move." @3NewsNowOmaha
    28m

    Jake Wasikowski @jakewasikowski

    Defense Jeremy Jorgenson says Garcia passed him a note saying he can't hear in the headphones and couldn't hear during trial. @3NewsNowOmaha
    28m

    Jake Wasikowski @jakewasikowski

    3-judge panel hearing for convicted quadruple murderer Anthony Garcia begins. He is present. @3NewsNowOmaha

    http://www.3newsnow.com/news/local-n...n-garcia-trial
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  2. #22
    Administrator Helen's Avatar
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    Anthony Garcia's Omaha attorney temporarily suspended from practicing law in Nebraska

    By Todd Cooper
    The Omaha World-Herald

    Typically a murder case is focused on the alleged conduct of the defendant, not on the attorneys representing him.

    The Anthony Garcia case is anything but typical.

    Garcia’s lead local attorney, Jeremy Jorgenson, has been suspended from practicing law in Nebraska until he shows proof that he has taken several continuing legal education courses, The World-Herald learned on Wednesday.

    The suspension likely is short-lived. Under Nebraska court rules, attorneys must complete 10 hours of education, including two hours focused on ethical requirements. Jorgenson said Wednesday he already had completed the required courses but failed to show proof of it. Jorgenson has applied for reinstatement and expects to get his license restored within a week or two.

    “It’s not newsworthy,” he said.

    The suspension is just the latest news made by Garcia’s defense team — primarily made up of Jorgenson, Robert Motta Jr., Robert Motta Sr. and, for a while, Alison Motta.

    And it has only added to the twists for Garcia, the former Creighton University medical resident convicted in the revenge-fueled serial killings of four Omahans.

    The Mottas, who are from Chicago, had been practicing in Nebraska on what amounts to a guest pass provided by Jorgenson, his former law partner David Reed and another Omaha attorney, James Owen. (Jorgenson took the lead among the local attorneys — and the other two attorneys’ involvement has been virtually nonexistent in recent months.)

    Now, with Jorgenson suspended, it’s unclear whether the Mottas can continue to represent Garcia in the death penalty phase of Garcia’s case. Bob Motta Jr. did not return a phone call Wednesday.

    Garcia faces the possibility of the death penalty after a jury found him guilty of killing 11-year-old Thomas Hunter and 57-year-old Shirlee Sherman in March 2008 and Dr. Roger Brumback and his wife, Mary, both 65, in May 2013.

    [Click here to read full coverage of Anthony Garcia's murder trial.]

    In April, Judge Gary Randall appointed the Nebraska Commission on Public Advocacy to help represent Garcia in the sentencing phase.

    That led Jorgenson and Garcia to object and to file an appeal contending that the judge’s appointment of additional attorneys interfered with Garcia’s right to choose his own attorney.

    “You are my choice for lawyer,” Garcia wrote to Jorgenson on May 1. “The Nebraska Commission on Public Advocacy ... Randall and Kleine are all part of a conspiracy against me and you,” he wrote, referring to County Attorney Don Kleine.

    That appeal has fallen on deaf ears so far. The Nebraska Supreme Court ruled Wednesday that Garcia’s appeal cannot be heard until after he is sentenced.

    That leaves Judge Randall with a decision.

    With Jorgenson temporarily suspended, will the judge allow the Mottas to represent Garcia? Or will he remove the Mottas and allow the commission to represent Garcia alone?

    Neither set of attorneys wants to combine forces to represent Garcia. One reason: If they join ranks, the commission would be unable to raise issues of whether Motta and Jorgenson were effective at trial.

    Jeff Pickens, chief counsel of the Nebraska Commission on Public Advocacy, said his office is awaiting a decision and stands ready to use its experience trying death penalty cases.

    “We’re eager to represent Dr. Garcia and provide him the best defense possible at no cost to Douglas County taxpayers,” Pickens said.

    Jorgenson said he also is eager to see Garcia’s case through.

    Jorgenson and the Mottas have made news for other actions in the past two years — including a case in which Alison Motta received a rare rebuke just two months ago.

    Alison was kicked off of the Garcia case
    in April 2016 after she, on the eve of his originally scheduled trial, said that DNA tests exonerated Garcia and implicated another man in the death of Sherman. (The DNA tests didn’t.)

    Judge Randall’s subsequent denial of Alison’s application to practice law in Nebraska meant that she had to watch Garcia’s trial from the courtroom gallery.

    In May, Alison Motta was suspended for three months from an Illinois federal court system for trial antics that included rolling her eyes at a judge’s ruling and calling it “(expletive) bull(expletive).”

    “These instances of disruptive conduct occurred even after multiple warnings from the trial judge,” Chief Judge Ruben Castillo of the Illinois district wrote in her reprimand.

    In October, Jorgenson failed to show up for oral arguments on behalf of a client before the U.S. 8th Circuit Court of Appeals — oral arguments that were occurring while Bob Motta was delivering closing arguments in Garcia’s case.

    Jorgenson then blew a deadline to explain why he failed to show. That led the 8th Circuit to bar him from practicing in front of the federal appellate court and to recommend that he face disciplinary actions in Nebraska.

    Early this year, he moved to the Chicago area to join the Mottas’ law office. Before either was suspended, Alison Motta and Jorgenson successfully defended a case in federal court in southern Illinois.

    Jorgenson said Wednesday he has since returned to Omaha for personal reasons. He said he will return to Chicago to help the Mottas with a few cases but plans to primarily practice law here.

    The suspension has put at least a momentary hiccup in his ability to do so.

    Jorgenson said he received notice of the law-license suspension this past week. He said the month delay in discovering his suspension likely occurred because he didn’t update his office address and the Supreme Court notice went to a former address.

    “I can’t do anything until I’m reinstated,” Jorgenson said. “Which I’m hoping will be soon.”

    http://www.omaha.com/news/crime/garc...cd79825c8.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #23
    Administrator Helen's Avatar
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    Chicago-based attorneys to withdraw from Garcia case

    OMAHA, Neb. (KMTV) - Court officials confirm out-of-state defense attorneys for convicted serial killer Anthony Garcia want off the case.

    Robert Motta Sr. and Robert Motta Jr. have requested a hearing so they can formally withdraw from the case.

    The hearing is scheduled for August 31 over the phone.

    Garcia will be get new judge-appointed defense attorneys.

    He faces life in prison or the death penalty for the murder of 4 people.

    http://www.3newsnow.com/news/local-n...om-garcia-case
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #24
    Administrator Helen's Avatar
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    Anthony Garcia stays silent and feigns sleep as he's appointed new attorneys in death penalty case

    By Todd Cooper
    The Omaha World-Herald

    Maybe the former doctor doesn’t want to answer to “Mister.”

    Maybe he doesn’t want to answer for his actions.

    Anthony Garcia — the former Creighton pathology resident convicted in the revenge-fueled killings of four Omahans — slid his eyelids closed Thursday and refused to even acknowledge the new attorneys appointed to defend him against the death penalty.

    Todd Lancaster, an attorney with the Nebraska Commission on Public Advocacy, tried to get Garcia’s attention.

    “Mr. Garcia, Mr. Garcia,” Lancaster called out. “We’re with the Commission on Public Advocacy, and we’ll be representing you.”

    Garcia sat with his eyes closed — his behavior reminiscent of a child who squints his eyes shut, cups his hands over his ears and declares, “I can’t hear you. I can’t hear you.”

    The only difference: Garcia’s hands were cuffed and his lips were pursed.

    Lancaster wasn’t the only one spurned.

    Moments earlier, Garcia had shuffled into the courtroom in handcuffs and leg chains, awaiting a hearing on whether he’ll get the death penalty for the March 2008 killings of Thomas Hunter, 11, and Shirlee Sherman, 57, and the May 2013 killings of Dr. Roger and Mary Brumback, both 65.

    He fumbled with headphones and a device designed to amplify the audio and help him hear. (Garcia had requested the device during trial, though it appears he has little trouble hearing.)

    He soon set that device aside as his attorneys filed in.

    When Chicago attorney Bob Motta Jr. informed him that he was going to withdraw from the case, Garcia shut his eyes.

    He feigned sleep.

    Motta nudged Lancaster. “See,” he said.

    Motta then formally made a motion to withdraw from the case, citing the fact that Garcia is out of money — and, apparently, out of words.

    Six months before Garcia’s October 2016 trial, Motta said, Garcia “ceased all communication with myself or my father or anyone on the defense team.”

    “I literally did not have one word passed between us throughout the trial,” Motta said. “Our attorney-client relationship is so destroyed that there is nothing that I can provide to him.”

    Douglas County Attorney Don Kleine blanched a bit at the idea that Garcia had no communication with his attorneys. He noted that Garcia had written letters to the court saying he wanted to retain his defense team and wanted to appeal certain matters.

    “I think it’s somewhat disingenuous,” Kleine said. “And I don’t know what contact they tried to make with him.”

    Douglas County District Judge Gary Randall then tried to interact with the 44-year-old defendant.

    “Dr. Garcia, do you have any objection to your attorney withdrawing,” Randall asked.

    “Dr. Garcia.”

    Sleepytime.

    “You’re sitting there with your eyes closed,” Randall continued. “I’m aware that you can hear. And I’m aware that you can speak. I’m aware that you can read.

    “I know that you’ve filed letters in the court file. ... So if you want to be heard on this matter, you need to speak up now.”

    More sleepytime.

    While Garcia acted like he was out, his entire trial defense team definitely is out. Omaha attorney Jeremy Jorgenson is also off the case; his law license recently was suspended.

    Asked to speak for himself, Garcia bypassed the chance to say what he had written in a recent letter to the court: that he thought the judge, prosecutors and the public advocacy commission — a statewide public defender’s office — are conspiring to condemn him.

    “OK, I will take your silence as an agreement,” the judge said.

    Randall gave the Nebraska Commission on Public Advocacy time to get up to speed on the case. He set Nov. 30 as a target date for Garcia’s death penalty hearing, though that could change.

    Outside court, Motta marveled at his mute former client, noting that Garcia never once broke his silence in court. By contrast, Motta said, Motta’s father once helped represent convicted Chicago serial killer John Wayne Gacy. “And Gacy was in his ear the entire time,” the junior Motta said.

    Could Garcia’s silence be interpreted as shame?

    “It could be many things. That definitely could be one of them,” Motta said. “They (prosecutors) said it’s a sham, a game. It could be. I don’t know. I can’t crawl into his mind. As I’ve said before, it’s either mental illness or the greatest show of willpower in the history of mankind.

    “Think about being on your own death penalty case and not saying a word to your attorney during the entire four weeks. To me, it’s stunning. But he did it.”

    Kleine had a different take: “It’s an act. It’s very clearly an act. We’re aware that he can hear, he can see, he can read. He just chooses to be the way he is.”

    Jeff Sherman, son of Shirlee Sherman, sat in the third row of the courtroom Thursday alongside Dr. Claire Hunter, mother of Thomas Hunter.

    Sherman noted that it’s been almost a year since Garcia was convicted. Garcia’s day of reckoning is long overdue, he said.

    “He just wants to play games,” he said. “Either that or he’s just really conceited.

    “I’m just glad that this is finally moving forward. We’ve waited long enough.”

    http://www.omaha.com/news/crime/garc...314bca884.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #25
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Death penalty hearing for convicted killer delayed until 2018

    By John Chapman
    WOWT

    OMAHA, Neb. -- The death penalty hearing for convicted serial killer Anthony Garcia has been delayed until early 2018. Garcia was convicted in the 2008 deaths of Thomas Hunter, the 11-year-old son of Creighton University Medical Center pathologist Dr. William Hunter and the family's housekeeper, Shirlee Sherman, as well as the 2013 deaths of Creighton pathologist Dr. Roger Brumback and his wife Mary.

    Garcia was set to face a three judge panel at the end of this month, but that hearing will be delayed until March of 2018. Garcia’s new attorneys asked for more time to prepare their issues for the three judge panel.

    Garcia is now being represented by a kind of statewide public defender’s office from the Nebraska Commission on Public Advocacy after his Chicago lawyers wiped their hands of the case.

    “We’ve come in late and we’re trying to catch up with all the mitigation stuff that needs to be done,” said Garcia’s attorney Todd Lancaster.

    Garcia’s new attorneys filed six motions. They include motions to declare sections of Nebraska’s death penalty unconstitutional. The state objected to many of the exhibits coming from the defense.

    “I didn’t think they were relevant. They were secondary nature some were newspaper articles some were dealing the politics of what they claim is the politics of the death penalty,” said Chief Deputy Douglas County Attorney Brenda Beadle. “We didn’t feel it appropriate.”

    The judge decided to delay the hearing until next year and that didn’t sit well with family members of one of Garcia’s victims, Shirlee Sherman.

    “This is ridiculous. It took 1,200 days from the time they arrested him to convict him and over a year trying to sentence him,” said Brad Waite, Shirlee’s brother. “It’s on and on and there again they want to delay again. It disrupts our lives – everybody in the whole family – because we don’t know what the next step is.”

    The next step will be more hearings as the trial of Anthony Garcia continues. The judge set aside two days to hear Garcia’s attorneys for March 12th and 13th of next year.

    http://www.wowt.com/content/news/Dea...458086443.html

  6. #26
    Administrator Heidi's Avatar
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    Former attorney for Anthony Garcia is charged with child abuse, witness tampering

    A former Omaha attorney is accused of breaking his stepson’s arm and then driving past the nearest hospital because he, his wife and the boy had not yet concocted a cover-up story, a prosecutor said Wednesday.

    Jeremy Jorgenson, 43, is charged with intentional child abuse and tampering with a witness, both felonies. He was ordered held on $30,000 bail Wednesday morning. He would have to post 10 percent of that amount, or $3,000, to be released.

    Jorgenson was booked into Douglas County Jail about 7:15 p.m. Monday.

    Omaha police officers went to the Field Club neighborhood Sunday evening after receiving a call about a child who was injured.

    Jorgenson and his wife were arguing in the upstairs bedroom of a home near 30th and Poppleton Avenues about 4 p.m. Sunday. Jorgenson's 7-year-old stepson came in and threw a toy, hitting Jorgenson in the head, according to a police narrative.

    Jorgenson grabbed the boy by his shirt collar and carried him toward the stairs, the spot reserved for a “timeout,” police said. Minutes later, police said, Jorgenson’s wife heard a loud noise and the boy shriek in pain. The boy said Jorgenson had dropped him on the stairs, and the boy’s arm was broken, police said.

    Jorgenson and several Chicago lawyers represented Garcia, who was convicted in an October 2016 trial. Garcia awaits a March hearing to determine whether he will get the death penalty.

    On Feb. 5, the Nebraska Supreme Court ordered Jorgenson to be indefinitely suspended from the practice of law. The court set a minimum of two years for the suspension, with no end date.

    The reprimand stemmed from another client’s case, in which Jorgenson failed to appear for oral arguments before the 8th U.S. Circuit Court of Appeals in 2016.

    http://www.omaha.com/news/crime/form...20f839be4.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #27
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Death penalty hearing for Anthony Garcia pushed to late May

    OMAHA, Neb. (AP) — A death penalty sentencing hearing has again been delayed for a former doctor convicted of killing four people connected to an Omaha medical school.

    A three-judge panel had been set to hold the hearing in the case of Anthony Garcia next month, but a judge has granted defense attorneys’ request to push the hearing to May 30 to give them more time to prepare.

    The three-judge panel will determine whether Garcia is sentenced to death or to life in prison. He was convicted in 2016 of killing the 11-year-old son and a housekeeper of Creighton University faculty member William Hunter in 2008, and killing pathology doctor Roger Brumback and his wife in 2013.

    Prosecutors say Garcia blamed Hunter and Brumback for his 2001 firing from Creighton’s pathology residency program..

    https://www.seattletimes.com/nation-...S_nation-world
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  8. #28
    Administrator Helen's Avatar
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    Garcia death penalty hearing to begin Wednesday

    OMAHA, Neb. (WOWT) - The death penalty phase for convicted serial killer Anthony Garcia is set to begin Wednesday.

    Garcia was convicted in the 2008 deaths of Thomas Hunter, the 11-year-old son of Creighton University Medical Center pathologist Dr. William Hunter and the family's housekeeper, Shirlee Sherman, as well as the 2013 deaths of Creighton pathologist Dr. Roger Brumback and his wife Mary.

    The three judge panel is expected to convene at 9 a.m. Wednesday. District Court Judge Gary Randall of Douglas County, District Court Judge W. Russell Bowie of Douglas County and District Judge Rick Schreiner of Gage County will determine whether

    Garcia will get life in prison or the death penalty.

    Garcia's defense will argue mitigating circumstances. Prosecutors will argue aggravating circumstances.

    If the three judge panel determines aggravating circumstances outweigh mitigating circumstances, Garcia will get the death penalty.

    http://www.wowt.com/content/news/Gar...485299441.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #29
    Moderator Ryan's Avatar
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    The three-judge panel will send Anthony Garcia to death row following the reinstatement of the death penalty and recently Patrick Wayne Schroeder was given a sentence of death. Meanwhile it comes as Carey Dean Moore should get an execution date by the fall.

  10. #30
    Administrator Helen's Avatar
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    Anthony Garcia's demons flared when he failed to meet his parents' expectations, attorney says

    By Todd Cooper
    The Omaha World-Herald

    The lawyers for Anthony Garcia said Wednesday that Garcia suffered from extreme pressure from his parents to become a doctor and his demons flared when it was clear he couldn’t measure up to their expectations.

    That is among several mitigating factors that should spare him the death penalty, his attorneys said.

    Garcia, 45, killed four people — two in 2008, then two in 2013 — as revenge for his 2001 firing from Creighton University Medical Center. He had no prior criminal record and acted under “unusual pressures or influences” — mainly his parents’ desire for him to become a doctor.

    Another mitigator his attorneys alleged: Garcia was “unable to appreciate the wrongfulness of his conduct or to conform his conduct to the law ... as a result of mental illness, mental defect or intoxication.”

    Garcia showed up for Wednesday's hearing in a wheelchair, pretending to be asleep.

    Jeff Pickens, head of Garcia’s defense team and the Nebraska Commission on Public Advocacy, said Garcia "has never communicated with the attorneys or the staff of his office, refuses all correspondence and returns mail unopened."

    "We don’t know if Mr. Garcia is aware of our strategy ... If he is aware of our strategy, we don’t know his opinion on our strategy,” Pickens said.

    Pickens said the evidence will paint a picture of a man who wasn’t qualified to be a doctor but kept up the charade to please his parents.

    When his career went south, Garcia’s demons emerged. He drank excessively from 2005 to 2013. He suffered from severe depression, so much that he once was hospitalized for 10 days in 2003.

    And he admitted to suicidal and homicidal thoughts.

    Garcia “was severely mentally ill” and “was burdened by a profound failure — all of which caused him to fixate on the two doctors he considered responsible for his failure,” Pickens said.

    Those two doctors: Dr. William Hunter and Dr. Roger Brumback.

    In 2008, Garcia returned to Omaha to kill Hunter’s 11-year-old son, Thomas, and Shirlee Sherman, a 57-year-old Omaha woman who cleaned the Hunters' house. In 2013, Garcia killed Dr. Brumback and Brumback's wife Mary.

    Douglas County Attorney Don Kleine said none of those mitigators will overcome the 10 aggravating factors that jurors found that merit the death penalty.

    A three-judge panel — Judges Gary Randall and Russell Bowie of Douglas County and Ricky Schreiner of southeast Nebraska — will decide in a month or two whether Garcia deserves the death penalty.

    The death-penalty hearing is expected to run through the end of the week.

    http://www.omaha.com/news/courts/ant...1e711abb4.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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