Nov. 30


ILLINOIS:

Burt arraigned


Bruce Edward Burt, 57, of Waterloo, Iowa, charged with 2st degree murder,
was arraigned in Jo Daviess Circuit Court Wednesday, Nov. 1.

No bond was set for Burt, charged in the death of Donnisha Hill, whose
body was discovered in the county last weekend.

At the arraignment, Judge Victor Sprengelmeyer explained to Burt the
possible penalties associated with the 1st degree murder charges, which
includes the death penalty or life in prison. "Do you understand, Mr.
Burt, the nature of these charges?" Sprengelmeyer asked.

"Yes," Burt replied.

"And the penalties?"

"Yes," Burt answered.

The court appointed as defense attorney Dan Cain, from Sreenan and Cain,
PC, out of Rockford, lawyers "specifically licensed to handle serious
cases," said Sprengelmeyer.

Prosecuting the case is Jo Daviess County State's Attorney Terry Kurt. At
the arraignment were 2 members of the Illinois Attorney General's office.

A preliminary hearing is scheduled for Wednesday, Nov. 15.

Police believe Burt killed Hill, 13, of Waterloo, in Jo Daviess County.
Hill's body was discovered at 2878 South Rodden Road, Hanover, the morning
of Saturday, Oct. 28.

The autopsy was performed Monday, Oct. 30 by the Winnebago County
Coroner's Office in Rockford. Unofficial results conclude Hill died as a
result of blunt force trauma to the head.

The Jo Daviess County Sheriff's Office conducted the death investigation
in cooperation with the Waterloo (Iowa) Police Department, in conjunction
with their missing person investigation.

As the investigation progressed, Burt was taken into custody in Waterloo,
Iowa.

Burt was extradited into Jo Daviess County in the early evening hours of
Tuesday, Oct. 31.

According to a Wednesday, Nov. 1 press release, the death investigation is
ongoing by the Jo Daviess County Sheriff's Office, Jo Daviess County
State's Attorney's Office, Waterloo Police Department and the Illinois
Attorney General's Office.

****************

2nd Waterloo man extradited


The Jo Daviess County Sheriff's Office extradited David Damm, 59, the
evening of Wednesday, Nov. 15. Damm was apprehended on Monday, Nov. 13, in
Waterloo, Iowa.

Damm is the 2nd Waterloo man charged in the death of 13-year-old Donnisha
Hill, found dead in rural Hanover on Saturday, Oct. 28.

Damm faces 3 counts of murder in Jo Daviess Circuit Court, including 1
count of solicitation of murder and 2 counts of 1st degree murder. At the
Thursday, Nov. 16 arraignment, the court assigned as defense attorney
William Schick of Rock Island.

Bruce Burt, 57, was charged with the murder on Monday, Oct. 30. Burt was
extradited from Waterloo to Jo Daviess County soon after, and during his
Nov. 1 arraignment, the court appointed as Burt's defense attorney Dan
Cain, from Sreenan and Cain, PC, out of Rockford.

Preliminary hearing for both is scheduled for Wednesday, Dec. 6 in Jo
Daviess Circuit Court.

According to the criminal complaint, Damm requested Burt kill Hill.
Preliminary autopsy results from the Winnebago County Coroner's Office
show Hill died as a result of blunt force trauma to the head. Both men are
being held without bond.

(source for both: The Galena Gazette)






NORTH DAKOTA:

Death Penalty Part 3


Would an inmate rather die than sit in prison for the rest of his life?

How about a family member of a murder victim, would they want to see a
life for a life?

That's what Donnell Preskey looks into in Part 3 of her death penalty
series...

Donnell Preskey / KX News) There are a number of inmates at the North
Dakota state pen who would be eligible for a death sentence if the same
crime was committed in a capital punishment state. I sent letters to
almost 30 inmates serving life sentences for Murder, asking them to share
their views about the death penalty.

2 responded.

(Mark Steinbach) "She shot herself and I got convicted of murder."

(Dale Burke) "I was living in a house upstairs and my 2 neighbors
downstairs were murdered and due to my erratic behavior because of meth
use I got accused of it."

2 men locked up in the North Dakota State Pen for murder.

Both say they didn't do it.

But this story isn't to retry these men.

They've accepted they'll be in here for the rest of their lives.

To them that's better than being put to death.

(Mark Steinbach) "It can sometimes be a worse penalty grow old and
remember everything you did wrong and that's why you're there."

(Dale Burke) "Why kill a guy? That's agreeing with him. Hey you killed
someone else, we're going to kill you. Why not lock them up so they can't
harm society."

Throughout the interview Burke was adamant about his feelings against the
death penalty - except when I brought up Alfonso Rodriguez's name.

(Burke) "I disagree with the death penalty but I'll be glad when he gets
his. What he did was terrible. If you'd put him in this prison I'd beat -
I'd let him have it."

That's exactly how Melinda Schmidt feels about the man who murdered her 73
year old mom.

December 27th 2002 Waylon Charette beat, raped and murdered Marian
Swenning in Driscoll.

Charette got the maximum sentence life without parole not harsh enough for
Melinda.

(Melinda Schmidt) "he doesn't deserve to live. At least with a death
penalty it'll be a form of mental abuse not knowing when you're going to
die. They can give you a sentence but who knows when. That would be more
punishment than sitting there just serving time."

She says life at the Pen is too easy.

Being locked up for life doesn't compare to what Charette took from
Melinda's mom...

(Melinda Schmidt / mom murdered) she was getting into prime of life, happy
go lucky, traveling, so really taking away her life like that, it
should've never happened. I'd give anything to have her back."

Nothing will bring her back not even a life for a life.

Melinda says an execution would make her feel better even if it is
vengeful.

(Melinda Schmidt) "I would've loved to have the death penalty then and sat
and slowly watched him die. He would've known what it felt like to mom
lying their crying slowly dying knowing you're going to die."

(Donnell Preskey / KX News) The inmates say the death penalty wouldn't be
a deterrent for murder. Dale Burke says if people thought about the
consequences they wouldn't commit the crimes.

They also say they're against capital punishment because of the number of
innocent people taken off death row

. Donnell's series continues tomorrow night with a look at the history of
the Death Penalty in North Dakota.

(source: KXMB TV News)






WASHINGTON:

Wash. Supreme Court overturns murderer's death penalty


The state Supreme Court overturned a convicted murderer's death penalty
Thursday, saying evidence from his rescinded rape convictions and a
prosecutor's misconduct require a new sentence.

The 8-1 ruling came in the consolidated case of Allen Eugene Gregory, who
appealed his convictions for rape in 2000 and his aggravated murder
conviction from 2001.

The majority, led by Justice Bobbe Bridge, overturned the rape
convictions, saying the trial judge should have considered evidence that
may have helped Gregory's defense.

The justices then threw out Gregory's death sentence, saying evidence of
the rapes influenced his sentencing for murder. The court also said it
would have overturned the death sentence anyway, because the prosecutor
committed misconduct by improperly suggesting life in prison was too
lenient for Gregory.

Gregory's murder conviction was sent back to Pierce County Superior Court
for resentencing. He was originally sentenced in May 2001 for the rape,
robbery and killing of Geneine Ann Harshfield, a neighbor in Tacoma's
Hilltop area.

Gregory had been a suspect in the death Harshfield, 43, who was stabbed in
her home after she returned home from her bartending job in July 1996. But
the murder went unsolved for 2 years, until police drew Gregory's blood
for evidence after his arrest in the separate rape case.

Tacoma police matched Gregory's DNA to semen stains from Harshfield's bed
and her body.

Justices Richard Sanders and Mary Fairhurst agreed with the Supreme
Court's result Thursday, but said they differed on the reasoning. Justice
Jim Johnson dissented from the ruling, writing that the ruling "comes in
total disregard of Washington's victims of crimes rights."

(source: Associated Press)




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