Defendant decides not to come to court ...

[Anja]

Defendant decides not to come to court in death penalty trial


One of the defendants in a death penalty trial in the killing of a
Greenville executive has decided he doesn't want to attend the trial.

David Edens chose to stay in his cell Tuesday morning, delaying the trial
for most of the morning before the judge decided the case should go on.

Edens, 36, and Jennifer Holloway, 28 are charged with murder in the
killing of 71-year-old Jim thingyman, a former executive with Sara Lee.
Prosecutors said thingyman suffocated after his head was wrapped in duct
tape. His body was later stuffed in a freezer. Both Edens and Holloway
could face the death penalty if convicted.

Edens' attorney John Mauldin asked Circuit Judge John Hayes to either end
the trial or delay it for a few days after Edens refused to come to court.
Hayes declined, telling jurors that Edens was not there, but that they
were not to allow his absence to affect their decisions.

After testimony resumed, sheriff's investigator Paul Silvaggio said
Holloway admitted the pair were trying to steal a 1996 Suburban from
thingyman in September 2004 when he died, but said they only wanted to steal
the car, not kill the executive.

Earlier in the day, prosecutors called several witnesses who either saw
thingyman talking to the pair or saw Edens and Holloway driving the Suburban
shortly after they were supposed to meet thingyman.

Also on Tuesday, a juror was dismissed after the jury sent a note to the
judge detailing their concerns the juror was sleeping during testimony.

The juror will be replaced by 1 of the 3 alternates.

(source: Associated Press)

[SoulTrainOz]

Will they live or die? While the guilty pointed blame at each other, Jim thingyman's wife tearfully recalled the life of her late husband.

Today proved to be one of the most emotional days so far. The prosecution presented their case and so did David Edens'. Now we have 2 things left, Holloway's case and the jury's decision.

Cathy thingyman says, "He (Jim) was in our driveway...scrubbing the floor mats and he said that the nice young couple looked like they couldn't afford such good heavy duty floor mats and he wanted to surprise them."

He was giving to the end, ironically to the very couple who gagged him, killed him and stuffed his body in a freezer.

Jim thingyman's wife Cathy tearfully told the courtroom what kind of man her husband was. Over the years they were foster parents to over 30 children, and adopted one, Allie. A young daughter that's been forever changed by her father's murder. Cathy says, " She would get a stool and go to his closet and one by one she would sniff the necks of his shirts that smelled like him and wear it to sleep that night...way too soon she was through them all."

Later, prosecutors wheeled out thingyman's coffin of 9 days. Edens and Holloway stored his body in this freezer upside down for over a week. thingyman met the couple while selling his car. Although both defendants were found guilty, they continued to point the blame at each other. Dr. Margaret Melikian, Defense witness for Edens', testified, "He (Edens) was there and stated that Jennifer did it by asking him to show how her the back seats worked...David stated that she then put the duct tape around
his head."

Dr. Melikian testified that Edens claims he was outside the car the entire time. She also says Edens' social phobia backed his story. "He almost bashfully said to me that she led and he followed...he didn't believe there were many relationships where the woman would be leading."

After more than 8 hours of testimony the judge adjourned the courtroom. But speculation over letters Edens and Holloway sent to each other once in prison still lingered.

The judge says he hopes Holloway's attorneys will start and finish on Monday. The Judge says his goal is to present it to jury by Tuesday morning.

(source: Fox Carolina News)