Post by Anja on Jun 21, 2006 1:06:52 GMT -5
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)
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)