An East Baton Rouge Parish jury found Derrick Todd Lee guilty offirst-degree murder for the death of LSU MBA recipient CharlotteMurray Pace Tuesday afternoon.
After an hour and a half of deliberation, the 12-member juryreturned to a silent courtroom at 4:20 p.m. to submit the unanimousverdict.
Judge Richard Anderson said the penalty phase of the trial willbegin Wednesday morning at 9 a.m.
Prosecutors are seeking the death penalty.
On the ninth consecutive day of the trial, both sides issuedclosing arguments to a packed courtroom with several rows full ofvictims’ families and friends.
First Assistant District Attorney John Sinquefield provided alengthy closing statement, highlighting the lives of the five”beautiful” women Sinquefield said Lee killed as he held up each ofthe women’s pictures. Shortly after he described their many giftsto society, he chillingly describing how Lee took the life out ofeach of them.
Lee’s lead attorney, public defender Mike Mitchell, counteredwith a shorter closing, but took enough time to raise questionsabout the way Zachary, La. police handled the DNA swab they tookfrom Lee and the lack of other evidence tying him to the crime,such as fingerprints or bloody clothes.
Sinquefield rested his case Monday after calling his finalwitness. Mitchell also rested his case Monday, calling no witnessesto testify on Lee’s behalf.
In his closing statement, Sinquefield, in a deep Southern drawl,began his closing argument slowly and calmly explaining Louisianalaw to the jury.
He told the jury that looking at the evidence makes it clear Leeis guilty of first-degree murder, as opposed to second-degreemurder or manslaughter.
To be convicted of first-degree murder, the state must prove Leeintended to kill or inflict great bodily harm to his victim, andthat Lee also committed or attempted to commit aggravatedkidnapping, rape or burglary.
Sinquefield said Lee committed all three offenses in addition tothe murder.
He also emphasized the strength and credibility of the DNAwitnesses and reminded jurors that experts testified there is onlyone in 3.6 quadrillion chances that the DNA is someone other thanLee’s.
But Mitchell told the jury that when state decided Lee is guiltyof the crime, it brought its “awesome, awesome power.”
“It’s like fighting a tiger with a toothpick,” Mitchell said ofthe lack of resources the defense had.
Still contending Lee is an innocent man, Mitchell againquestioned if Pace’s case could stand alone, saying if the casecould stand on its own merits, prosecutors would not have presentedevidence from the other victims.
Mitchell also questioned the legitimacy of Diane Alexander’stestimony.
Alexander, of Breaux Bridge, La., testified that Lee attemptedto rape and kill her in her home on July 9, 2002.
Mitchell also told jurors Alexander’s original description ofher attacker did not match Lee, and she described Lee only afterhis picture was on the national television show America’s MostWanted.
But in Sinquefield’s short rebuttal, he said that was not trueand authorities did not make Lee’s face public until later.
But Mitchell said the main focus needs to be on the way lawenforcement handled the DNA evidence.
He said Lee had problems with Zachary police and did not trustZPD officer Ray Day.
Mitchell told jurors Lee had no problem with letting police takea DNA swab, but he did not want Day to take it because he did nottrust him.
But Mitchell said although Day did not physically take the swab,another officer gave it to him right after taking the swab.
Mitchell said Day then took the swab back to the police station,instead of taking it directly to the State Police Crime Lab.
“What happens to the swab from the time that Day takes it andbrings it to the crime lab is unknown,” Mitchell said.
After the trial, Pace’s mother Ann Pace said she wasparticularily pleased when Sinquefield encouraged the jury to carryon the fight for her daughter.
“I was so proud and glad,” she said. “I can’t believe it’sfinally happened.”
Convicted
October 12, 2004