Post by Anja on Jun 15, 2006 16:05:25 GMT -5
Cloud skips penalty hearing
Gary Cloud, convicted last week of the murder of 67-year-old Barbara Jean
Laney, wasn't present Wednesday at the penalty phase that will either
result in his being sent to prison for life, or his execution.
Rejecting pleas from Chief Judge Robert Bennett and the advice of his
lawyer, Frederick Mercurio, Cloud, 49, elected to spend the day in jail
while jurors heard testimony they will use to decide whether he should
live or die.
The defendant didn't hear the tearful testimony from two of Laney's four
sons as they described their mother as a "tender, loving" woman who was
taken away from them too soon. Cloud also didn't witness his high school
art teacher from 31 years ago describe him as a "very nice young man" and
a talented artist.
Bennett will ask Cloud one more time this morning, before the final
witnesses testify, whether he wants to be present in the courtroom. Around
midday today, jurors are scheduled to deliberate over which sentence Cloud
deserves based on the weight of evidence they have been presented with by
both sides.
Assistant State Attorney Art Brown argued Wednesday that Cloud deserves
the death penalty because he was already on probation for a carjacking at
the time he killed Laney in August 2002. Brown also told jurors that the
nature of the crime - Cloud strangled Laney with a ligature, slammed her
to the floor several times and plunged a knife into her neck, a medical
examiner testified - was "especially heinous, atrocious or cruel." The
details of a crime are recognized under law as a specific aggravating
circumstance jurors are required to consider when deciding upon the
penalty.
Mercurio, before attempting to show bits of Cloud's character that showed
a contrast with the crime he committed, asked jurors to "temper justice
with mercy." Mercurio also told them they shouldn't draw any conclusions
from his client's absence.
During cross-examination of a prosecution witness who had been burglarized
by Cloud in the early 1990s, Mercurio tried to portray Cloud's caring
side. During the robbery, Cloud allowed a 93-year-old man to have a glass
of water and his medicine, the witness said.
Barbara Turner, Cloud's art teacher long ago, spoke of a note she had
received from him around the time of his graduation in 1975. "Will never
forget all that you've done for us, us all. Love. Gary C.," the note read.
Turner has not had any contact with the defendant since.
Neil Sauve, one of Laney's sons, struggled to get through a written
victim's impact statement - part of the prosecution's attempts to paint a
picture of the murdered victim.
A few jurors responded visibly, wiping tears from their eyes.
"She took such joy in the little pleasures she could bring to her
grandchildren and family," Sauve said.
His youngest daughter still talks to her doll as if it were "Nana," he
said.
The defense is scheduled to present three final witnesses today before
closing arguments are given.
(source: Bradenton Herald)
Gary Cloud, convicted last week of the murder of 67-year-old Barbara Jean
Laney, wasn't present Wednesday at the penalty phase that will either
result in his being sent to prison for life, or his execution.
Rejecting pleas from Chief Judge Robert Bennett and the advice of his
lawyer, Frederick Mercurio, Cloud, 49, elected to spend the day in jail
while jurors heard testimony they will use to decide whether he should
live or die.
The defendant didn't hear the tearful testimony from two of Laney's four
sons as they described their mother as a "tender, loving" woman who was
taken away from them too soon. Cloud also didn't witness his high school
art teacher from 31 years ago describe him as a "very nice young man" and
a talented artist.
Bennett will ask Cloud one more time this morning, before the final
witnesses testify, whether he wants to be present in the courtroom. Around
midday today, jurors are scheduled to deliberate over which sentence Cloud
deserves based on the weight of evidence they have been presented with by
both sides.
Assistant State Attorney Art Brown argued Wednesday that Cloud deserves
the death penalty because he was already on probation for a carjacking at
the time he killed Laney in August 2002. Brown also told jurors that the
nature of the crime - Cloud strangled Laney with a ligature, slammed her
to the floor several times and plunged a knife into her neck, a medical
examiner testified - was "especially heinous, atrocious or cruel." The
details of a crime are recognized under law as a specific aggravating
circumstance jurors are required to consider when deciding upon the
penalty.
Mercurio, before attempting to show bits of Cloud's character that showed
a contrast with the crime he committed, asked jurors to "temper justice
with mercy." Mercurio also told them they shouldn't draw any conclusions
from his client's absence.
During cross-examination of a prosecution witness who had been burglarized
by Cloud in the early 1990s, Mercurio tried to portray Cloud's caring
side. During the robbery, Cloud allowed a 93-year-old man to have a glass
of water and his medicine, the witness said.
Barbara Turner, Cloud's art teacher long ago, spoke of a note she had
received from him around the time of his graduation in 1975. "Will never
forget all that you've done for us, us all. Love. Gary C.," the note read.
Turner has not had any contact with the defendant since.
Neil Sauve, one of Laney's sons, struggled to get through a written
victim's impact statement - part of the prosecution's attempts to paint a
picture of the murdered victim.
A few jurors responded visibly, wiping tears from their eyes.
"She took such joy in the little pleasures she could bring to her
grandchildren and family," Sauve said.
His youngest daughter still talks to her doll as if it were "Nana," he
said.
The defense is scheduled to present three final witnesses today before
closing arguments are given.
(source: Bradenton Herald)