Feb. 24
TEXAS:
Guilty: Kountze man faces death penalty at sentencing in child's deathThe
members of the jury found Jason Wade Delacerda, 40, of Kountze, guilty of
capital murder.
A week of heart-wrenching testimony came to a close Friday morning and a jury
of 9 women and 5 men began deliberations in the trial of a man accused of
ending the life of his girlfriend's 4-year-old child. By 3 p.m. the jury made
its decision. The jury foreman read the verdict Friday afternoon. The members
of the jury found Jason Wade Delacerda, 40, of Kountze, guilty of capital
murder.
Delacerda faces the death penalty when jury members decide his punishment. The
punishment phase of the trial will begin at 8 a.m. Monday. If he is sentenced
to death, he would be the 1st person to receive the death penalty in Hardin
County since the 1980's when Robert Streetman was sent to death row. He was
convicted of shooting and killing Christine Baker, 44, whom he shot through a
window as she sat watching TV in her Kountze home in 1982. (source:
deathpenalty.org).
The young victim, Breonna Nichol Loftin, died at CHRISTUS Southeast Texas - St.
Elizabeth in 2011. Doctors said she had burns, bruises and broken bones. It's
taken nearly 7 years for the case to be placed before a jury.
An attorney for Jason Wade Delacerda did not offer opening statements Tuesday
morning. Ryan Getz said he would rely on the jury to find evidence presented by
the prosecution as too weak for a conviction. He asked the judge to "limit the
scope" of questioning during the trial saying questions about the condition of
the child at the hospital have nothing to do with how the child's injuries
contributed to her death. Judge Steven Thomas denied Gertz's request to
restrict the evidence.
One of the first witnesses called by the prosecution is Jefferson County
Medical examiner Tommy Brown. He said under oath that the young victim's death
was caused by a severe head injury, known as "Subdural Hematoma." He said
forensic evidence disputes Delacerda's claim that the injury was caused by a
trampoline accident.
Emergency room physician Dr. Charles Owen also took the stand on the 1st day of
the trial. He testified that the child had multiple bruises, scabs and broken
bones. He said there were signs of pushpins pressed into the victim's forehead.
The defense objected to the prosecution's presentation of this evidence, saying
it was not related to the child's death. Judge Thomas overruled the objection.
Hardin County Sheriff's Office Captain Gary Spears testified about seeing the
child's injuries while at the hospital. While Capt. Spears was on the stand,
prosecutors played an audio recording of an interview with the defendant that
was made as part of the investigation. Delacerda is heard on the tape saying
that the burns could have been caused by a cigarette, but denied knowing how it
could have happened. Delacerda's voice on the tape is also heard saying that
Breonna's leg and head injuries were caused by a trampoline accident. Delacerda
said her burns were caused by hot coffee.
Jury members Wednesday continued watching video of Delecerda as he was
questioned by 2 Hardin County investigators. Delecerda is heard explaining
Breonna's injuries. An investigator is heard in the video telling the defendant
that Amanda, the victim's mother, gave investigators a very different story
than his. The video ends as Delecerda and one of the investigators began
shouting at each other.
The Jury had a short day on Thursday. Testimony was cut short because of an
issue with one of the jury members, and the prosecution and the defense raised
concerns they wanted worked out before testimony resumed Friday. Prosecutor
Bruce Hoffer expressed concern of, "extreme risk of corroboration" between
Delacerda's 2 sons. He asked that the sons be brought in separately when they
testify. Defense attorney Ryan Gertz said he had an issue as to how recorded
interviews with Delacerda???s sons were carried out. Both sides met with the
Judge after the jury left Thursday morning.
(source: 12newsnow.com)
*
Texas Dad Speaks Out After Saving Son Who Plotted Murders of Mom and Brother
From Death Sentence
The father of the man whose execution was commuted just before he was scheduled
to be put to death said on Megyn Kelly TODAY that he is grateful his son's life
was spared - even after the son's conviction for plotting the murder of his
family members and the attempted murder of the dad himself.
"I feel a great sense of relief and hope," Kent Whitaker told Kelly, adding,
"He's been given a 2nd chance at life."
In an attempt to gain hold of the family's $1 million estate, Thomas "Bart"
Whitaker, plotted the murders of younger brother and mother in a brutal 2003
attack he masterminded that left Kent severely injured.
While Kent was in the hospital recovering from his near fatal wounds, he vowed
to forgive
