August 4 ILLINOIS: Death penalty possible in slaying of man's aunt A Lake County man who pleaded not guilty Tuesday to 7 counts of 1st-degree murder in the June slaying of a Zion woman could face the death penalty, authorities said. James Zoph, 37, whose last known address was the 43000 block of Andyville Lane in Antioch Township, beat and strangled his aunt, Wanda Walker, 66, police said. Zoph entered his mother's house in the 2100 block of Gabriel Avenue on June 29 through an open window looking for his father's will when Walker confronted him, authorities said. Because Zoph is accused of home invasion in Walker's death, he could be executed, said Michael Mermel, a Lake County assistant state's attorney. Circuit Judge Mary Schostok set Aug. 31 for a hearing at which prosecutors are expected to declare whether they will seek the death penalty. Zoph is being held in Lake County Jail in lieu of $2 million bail. Zoph was released June 18 from Vandalia Correctional Center after serving three months for aggravated unlawful use of weapons, authorities said. (source: Chicago Tribune) MISSISSIPPI: Innocent Plea in Killing of Miss. Family A former truck driver pleaded innocent Monday to charges that he killed his cousin, his cousin's wife and their 4-year-old son. Earnest Hargon, 43, was indicted on capital murder charges last week. During an arraignment hearing Monday, Hargon denied killing his relatives at their rural Yazoo County home on Feb. 14. Authorities found the bodies of the victims -- Michael and Rebecca Hargon and their son, James Patrick -- 2 weeks later in a wooded area in southeastern Mississippi nearly 100 miles away, not far from Earnest Hargon's home. Blood and bullet casings were found in the dead family's home. Michael Hargon's sister, Jennifer, said prosecutors' decision to pursue the death penalty was "very fair." A trial date was set for Dec. 6. Police and prosecutors have not commented on a motive, but investigators had been checking into land that Michael Hargon inherited from an uncle to determine whether it was connected to the slayings. (source: Associated Press) CALIFORNIA: Man charged in shooting death of 7-year-old A man has been charged with murder in the shooting death of a 7-year-old girl who had gone with her uncle to get some ice cream at a store. Eric Andrew Odell, 18, was arrested last week in Sacramento. His arraignment, originally planned for Monday, was rescheduled for Sept. 3. A criminal complaint filed Monday charged Odell with murdering Bryiesha "Chilly" Limbrick on July 18. He was also accused of 4 counts of attempted murder and using an assault weapon. A 6-year-old and her father were also shot while driving by the store. Bryiesha and her uncle were leaving the store as the gunman opened fire with an assault rifle. The shooter and another men then fled in a car. Police said there was no apparent motive. Police said Odell was driving a car similar to the one used in the escape. The identity of the shooter's friend was under investigation. ************************* Jurors Hear Peterson Studied Bay Currents Scott Peterson's lawyer failed to keep jurors from hearing how the former fertilizer salesman added adult programming to his satellite television service shortly after his pregnant wife, Laci, disappeared. Attorney Mark Geragos asked Judge Alfred A. Delucchi to keep an EchoStar satellite TV service manager off the stand Tuesday, claiming his remarks had no relevance in the murder case except to "assassinate" Peterson's character. The manager, Donald Toy, however, was allowed to testify about the Peterson account. Laci Peterson, he said, ordered the service at the couple's Modesto home on March 13, 2001, without an adult programming option. Scott Peterson added the Playboy Channel about two weeks after Dec. 24, 2002, the day he reported Laci missing, and changed the service again 5 days later to include more explicit adult channels, Toy said. Prosecutor Rick Distaso argued Toy's statement showed Peterson's state of mind while the search for his wife ensued. Distaso alleges Peterson killed his wife in their home on or around that Christmas Eve, then drove to San Francisco Bay and dumped her weighted body from his small boat. The remains of Laci Peterson and the couple's fetus washed ashore in April 2003, not far from where Peterson said he launched a solo fishing trip the day she vanished. In cross-examining the EchoStar manager, Geragos pointed out the channels Peterson selected were legal and noted that even the satellite company characterizes the programming as "adult content," not "pornography." Three witnesses then were called to testify that Peterson seemed emotionless at a Dec. 30, 2002, vigil for Laci. The defense noted that none of the witnesses watched Peterson during the entire vigil, all were only interviewed by police this year and 2 were closely connected to his wife's mother by either friends or family members. Another prosecution witness, Lissa McElroy, testified Peterson seemed "fairly nonchalant" as they looked through photo albums for pictures to help in the search for Laci within days of her disappearance. McElroy said he appeared to be jokingly pulling out photos of Laci in a bathing suit, another drinking with her friends and yet another of his friends with one person "mooning" the camera. On cross-examination, however, McElroy admitted she was unable to find any of the pictures Monday night when that prosecutors had her look through the photo album again. Delucchi ordered jurors from the courtroom while Geragos and Distaso argued about the revelation. Geragos called McElroy's disclosure a "slam dunk ... violation" of trial rules, citing the requirement that Distaso turn over any evidence that might help exonerate Peterson. After a heated exchange with an angry Delucchi, Distaso said he was sorry: "I apologize to the court profusely," Distaso replied. The judge struck McElroy's testimony from the record. Earlier, former Modesto police officer Kirk Stockham testified Peterson had researched water currents in the bay about 3 weeks before authorities allege he dumped Laci's body into the water. Stockham said he examined a computer file dated Dec. 8, 2002, that showed bay currents. The prosecution appeared to try to show Tuesday that Peterson began hatching the murder plot that day. The woman who set Peterson up with his mistress, Amber Frey, testified previously that she confronted him on Dec. 6 after learning he was married. During his cross-examination of Stockham, Geragos pointed out that police also found out that Peterson had gathered information about fishing. Before his arrest, Peterson told police he was fishing alone on the bay the morning his wife vanished. Geragos also noted that a printout of the Web site Peterson visited regarding bay currents had different times and dates on it, one showing it was checked by Peterson on Dec. 5, a day before the woman who fixed him up with Frey confronted him. (source for all: Associated Press) *************** THE PETERSON TRIAL/While Laci search on, Scott ordered porn/Prosecution puts on strong evidence but gets judge's scolding What began as one of the strongest days for prosecutors in the Scott Peterson trial ended with a blistering rebuke from the judge. In early testimony Tuesday, prosecutors had shown that just 3 weeks after his wife disappeared, Peterson ordered a hard-core pornography package for his television set. But by late afternoon, Judge Alfred Delucchi castigated the prosecution team for repeatedly violating court rules and as punishment told jurors to disregard a prosecution witness who testified about an unrelated matter. "It was a good day for the prosecution in showing what a crumb Scott Peterson is," said Terence Hallinan, San Francisco's former district attorney, who sat in on the case Tuesday. "But then the judge went and told the prosecution in front of the jury that they're even bigger crumbs." For weeks, the prosecution has been trying to portray Peterson as being emotionless and acting bizarrely inappropriately after his wife disappeared. On Tuesday, despite defense objections, prosecutors attempted to show that Peterson was more interested in watching hard-core porn than he was in finding his wife. As hundreds of people were searching for the eight-months-pregnant Laci Peterson on Jan. 8, 2003, prosecutors say the defendant was adding the Playboy Channel to his satellite service. But four days later, he canceled it in favor of the more extreme TENXtsy, known as "the Erotic Network," according to Donald Toy, an employee with EchoStar, the parent company of Dish Network. The channel promotes itself as "a 24-hour uncensored adult network, delivering the wildest and most explicit situations the adult world has to offer." Peterson received the adult programming for a little more than a month. But he abruptly canceled it on Feb. 18, 2003, the day police showed up at his house with a search warrant, according to testimony in the case. Toy testified that Peterson had told the customer service representative that he was moving overseas and wanted to cancel his service. According to testimony from an earlier police witness, the service was cut off at the very time police were searching inside the defendant's house. Defense attorney Mark Geragos fought mightily to keep the jury from hearing the information, saying it was more prejudicial than valuable to the prosecution's case. "How is it relevant to anything? How does it show that he had anything to do with Laci's disappearance? ... I don't quite understand it," argued Geragos outside the jury's presence. The defense attorney said that without being able to show that Laci Peterson didn't want pornography in the house, the fact that her husband ordered the adult programming after she disappeared is irrelevant. "It's meant to inflame the jury," he argued. "And it doesn't give the prosecution a leg up in proving their case." But Delucchi, who is presiding over the case in Redwood City, disagreed. The victory for the prosecution was short-lived, however. Later in the day, the judge accused Deputy District Attorneys Rick Distaso and Dave Harris of intentionally hiding information from Peterson's defense team. Throughout the 2-month-long trial, Delucchi has repeatedly warned the pair about their failure to turn over evidence to the defense in the double- murder trial. The law requires prosecutors to share information that could be helpful to the defense. What sparked Delucchi's anger Tuesday was a witness who said on the stand that in preparation for her testimony, she had met with a Modesto police officer Monday night to go through photo albums that belonged to the defendant and Laci Peterson. The witness, Lissa McElroy, a friend of Laci Peterson's mother, testified that early in the search for the missing woman, she had helped the defendant pick out photographs to use in flyers. McElroy said that the defendant -- who seemed nonchalant -- had picked 3 pictures that she thought were highly inappropriate. The first was of Laci Peterson in a bathing suit on the beach, the second showed the missing woman with a group of friends raising their drinks, and the third was of the defendant and several friends, one of whom was mooning the camera. But during Monday night's preparation, McElroy couldn't locate any of the photographs in the albums provided by police. Her statements drew Peterson's attorney to his feet. Outside of the presence of the jury, Geragos upbraided prosecutors, telling Delucchi that although defense attorneys had specifically asked about the photo albums Monday, prosecutors had never told him that the witness had not found the pictures. "Why do I have to find that out on the stand?" Geragos asked the judge. "How many times do I have to get discovery through cross-examination?" Anger was equally visible in Delucchi, who lashed out at prosecutors. "I have had it up to here with these violations," Delucchi said lifting his hand to his forehead. "Why didn't you tell Mr. Geragos that this lady looked at these albums last night?" "I didn't think it was an issue," replied Distaso. "I'm sick of this," the normally mild-mannered judge yelled. "It's getting to be vexatious. ... I'm going to have to strike her testimony. I've had it." Distaso begged the judge not to throw out McElroy's statements. "I apologize to the court profusely," he said, adding that the defense had seen all of the photo albums in question. "Please give me a lesser sanction." Legal analyst Jim Hammer, who is following the case for Fox TV, called the judge's ruling "triple rare." "It's huge to tell the jury in the middle of the trial that the prosecution is breaking the rules," said Hammer, a former San Francisco prosecutor who tried the infamous dog mauling case. "It's the harshest sanction you can get without dismissing the case." Peterson, 31, is on trial for allegedly murdering his wife and unborn child. Prosecutors say the Modesto fertilizer salesman didn't want to be bogged down with a child and wanted to continue an affair with a Fresno massage therapist. In the days before Christmas 2002, prosecutors say, he killed his 27-year-old wife, wrapped her in a tarp and transported her to the Berkeley Marina, where he dumped her body from his fishing boat into San Francisco Bay. Her remains and those of the child were discovered along the Richmond shoreline the following April. Peterson and his attorneys say the prosecution's theory is ludicrous. Peterson loved his wife and had nothing to do with her disappearance, Geragos said. Day 33 Several witnesses, all friends of Laci Peterson's mother, testified about Scott Peterson's demeanor at a vigil held one week after Laci disappeared. Lisa Krueger said only four people had separated her from Peterson as she stood behind him during the 45-minute vigil. She said he appeared emotionless during the speeches, but when she saw him later near the stage, he seemed to be smiling. Under cross-examination by defense attorney Pat Harris, she testified that she had observed Peterson during the service for 5 or 10 minutes. Kenneth McCall, who knew Peterson from the Modesto Rotary Club, said the defendant had appeared "very relaxed" and "seemed to be in a very good mood and somewhat jovial." Earlier Tuesday, retired Modesto police investigator Kirk Stockham testified about what he found when he searched Peterson's computer. Stockham said Peterson had used the Internet to research bay conditions and the marina in the weeks before Laci Peterson disappeared. ********************* Jury's verdict -- death for Justin Helzer ---- Tearful panel urges ultimate penalty for 3 of 5 killings 4 years to the day after the "Children of Thunder" used a jet ski to jettison their victims' bodies in the delta, an emotional jury Tuesday recommended the death penalty for Justin Alan Helzer after rejecting defense claims that the troubled young man believed he was sanctioned to kill by an older brother who spoke for God. Many in the 10-woman, two-man jury wept and held hands in the Martinez courtroom as a clerk ended Helzer's 4-month trial by reading his sentences for five macabre murders. Someone among the 75 people in the packed gallery shouted "Yes!" as the victims' relatives cried. "I feel justice has been served," David Villarin, whose sister and niece were among the victims, said as he embraced family members. "We'll always remember them for who they were rather than what happened to them." Carma Helzer cried and drew deep breaths as the clerk read her son's verdicts. She was comforted by her daughter, Heather Helzer. The 32-year-old defendant, who before the sentencing phase had politely asked for "freedom or death," gave little reaction before being led away in handcuffs. Helzer had pleaded insanity, and his sister Heather said, "I believe the fact that we even got to the penalty phase shows that our society doesn't understand mental illness and an individual's ability to control it. I hope someday that will change." One juror, a 38-year-old Concord woman who declined to give her name, told The Chronicle that Justin Helzer's premeditation and his mutilation of the victims' bodies had played a "big part" in the panel's decision. Some jurors asked to take another look at graphic photos of the victims, she said. "Those 5 victims spoke out to me very highly in those photos about what was done to them," the juror said. The juror also didn't buy the defense claims that Justin Helzer was submissive to his brother. "He was involved in it hip-deep," she said. "His brother might have been the ringleader, but he was the partner." Jurors sentenced Helzer to death for the murders of Ivan and Annette Stineman, a retired Concord couple, and Selina Bishop, the daughter of bluesman Elvin Bishop. They sentenced him to life in prison without parole for the killings in Marin County of Jennifer Villarin, Selina Bishop's mother, and her companion, James Gamble. They were killed exactly 4 years ago by Helzer's older brother, 34-year-old Glenn Taylor Helzer. Judge Mary Ann O'Malley ordered Justin Helzer to return to court Sept. 24 to set a formal sentencing date. If he is sentenced to die, his case will be automatically appealed to the state Supreme Court. The brothers and their roommate, Dawn Godman, 30, killed to raise money to finance a self-awareness group they said they believed would foster peace and love and hasten Christ's return to Earth. Godman pleaded guilty and testified for the prosecution under a deal that will send her to prison for 38 years to life. Glenn Taylor Helzer pleaded guilty just before the brothers' trial was to begin; his death penalty hearing is scheduled for Oct. 4. Though Justin Helzer was on trial, Glenn Taylor Helzer loomed over the proceedings. Witnesses described him as a magnetic megalomaniac with a command of Scripture who held sway over the vulnerable even though he was a drug-dealing freeloader. He was the mastermind behind "Children of Thunder," who, according to Godman, believed they were fighting a war of the heavens. Glenn Taylor Helzer had other nefarious plans that included training Brazilian orphans to slaughter the leaders of the Mormon Church so he would become the church's new prophet. During the trial, prosecutor Harold Jewett called Justin Helzer arrogant and antisocial and said he was an "equal partner" in the killings. The defense called witnesses who said Helzer had once been sweet and gentle -- and dependent upon his older brother. "There was a true measure of justice rendered today, but there is still some work yet to be done," Jewett said, referring to Glenn Helzer's sentencing hearing. Helzer's attorney, Daniel Cook, said he was "very disappointed" by the death sentences. "There were so many tragedies in this case, and now there's one more," Cook said. "Everyone agreed -- whoever considered the question -- that Justin sincerely believed what he was doing was a good thing." The reading of the verdicts was so emotional that one sobbing juror, her face in her hands, had to compose herself for a few seconds before uttering "Yes" when asked to confirm her decision. O'Malley replied, "Everybody take a deep breath, including me." Through tears, the judge called the jury the most professional she has ever worked with. "You will never have an experience like this one, I hope," she told the panel. The juror who spoke to The Chronicle said she was emotional because, "I played a part in the death of somebody." The "Children of Thunder" are said to have declared war on Satan on July 30, 2000, before kidnapping Annette Stineman, 78, and Ivan Stineman, 85 -- who once employed Glenn Taylor Helzer as their stockbroker -- to extort $100,000 from them. Selina Bishop, 22, was befriended by Glenn Taylor Helzer to cash the Stinemans' checks. The three were dismembered and their bodies dumped in gym bags in the Sacramento-San Joaquin River Delta. Finally, Glenn Taylor Helzer shot Jennifer Villarin, 45, and James Gamble, 54, at Bishop's apartment because he feared that Villarin had seen his face. Tuesday afternoon, relatives of the victims gathered in the Marin County hamlet of Forest Knolls, where a memorial to the victims sits across the street from a saloon where Jennifer Villarin worked. Before leaving the courthouse, Olga Land, Jennifer Villarin's sister, said, "I put this in God's hands at the start, and it's in his hands now." She added, alluding to the divine messages that Glenn Taylor Helzer claimed to channel, "But not that God." (source for both: San Francisco Chronicle)
