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Murder trial opens with admission and apology (Killer of FReeper HeartofGold convicted)
Omaha World-Herald ^ | February 16, 2005 | JOE DEJKA - WORLD-HERALD STAFF WRITER

Posted on 02/20/2005 9:12:42 AM PST by EternalVigilance

A former carnival worker opened his murder trial Wednesday with a surprise admission of guilt. He also told a judge before the trial started that he wants the death penalty.

Wearing a quilted green rip-proof smock reserved for prisoners who might hurt themselves, Michael Gunther stepped in front of a Sarpy County jury and apologized for two killings.

Gunther, serving as his own lawyer after dismissing his legal team, apologized for the murders of Michael Zawodny, 36, of Anthon, Iowa, and Sally Kennedy, 45, of Climbing Hill, Iowa.

"I pray to Jesus Christ my savior every day that he will send an angel down to watch over Sally Kennedy's family, Michael Zawodny's family and mine," Gunther said.

His former defense attorneys, who watched helplessly, called the apology an act of extreme remorse.

Attorney Greg Pivovar - who with Karen Conti and her partner Gregory Adamski of Chicago made up the defense team - said Gunther "just did not want us to present a defense."

Family and friends of the victims said Gunther, 49, is "playing games" and wants publicity.

"I think he's just making a fool of himself," said 19-year-old Samantha Kennedy of Council Bluffs, daughter of the slain woman. "He's playing a game."

Gunther is charged in Sarpy County with first-degree murder and use of a firearm to commit a felony for shooting Zawodny, a fellow game booth operator, at a carnival May 23 in the Capehart area near Offutt Air Force Base.

He also faces first-degree murder charges in Pottawattamie County for the stabbing death of Kennedy, owner of Blues Amusements carnival.

District Judge William Zastera, who ruled that Gunther was competent to defend himself, interrupted the apology.

"Mr. Gunther, that is not an opening statement," Zastera said.

"It is an opening statement," Gunther replied.

"No, it is not," the judge said.

But Zastera allowed the apology and then adjourned the trial for the day.

Deputy Sarpy County Attorney John Reisz was stunned after the apology.

"I've never seen that before," he said.

Reisz, moments earlier, had told jurors that eyewitness accounts and ballistic evidence would leave them no doubt that Gunther shot Zawodny.

Reisz told jurors that Gunther shot Zawodny 11 times, in the head, neck, chest, upper body and thigh.

Outside the courtroom, Reisz vowed to press on with the trial, which Zastera said would resume this morning.

Gunther told jurors he didn't dispute Reisz' account.

He asked jurors to give peace and justice to the victims' families. He told them he would explain in his closing statement what they need to do.

Pivovar said he could not say what Gunther was planning.

Earlier in the day, when Gunther told the judge he wanted the death penalty, Zastera told him the first-degree murder charge against him doesn't carry the aggravating circumstances required in death penalty cases.

The murder penalty in Gunther's case is life in prison without parole. The gun charge is punishable by one to 50 years.


TOPICS: Crime/Corruption; Front Page News; US: Iowa; US: Nebraska
KEYWORDS: heartofgold; michaelzawodny; sallykennedy
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02/18/2005

Man Convicted in Carnival Murder

It took a Nebraska jury just over an hour to convict a man charged with killing a Siouxland carnival worker.

Forty-nine year old Michael Gunther admitted in court, he shot Michael Zawodny of Anthon, Iowa at a carnival in Bellevue, Nebraska.

Gunther said he was upset because Zawodny had a relationship with a woman who Gunther said was his lover.

That woman was Sally Kennedy of Climbing Hill, Iowa.

Matt Breen

© 2005 KTIV.

http://www.ktiv.com/

1 posted on 02/20/2005 9:12:44 AM PST by EternalVigilance
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To: Waywardson; Perelandra; ~EagleNebula~; Broadside; Gelato; rdf; cyborg; Registered; Jim Robinson; ...

As you all know, Sally Kennedy was my big sister, and was known here as 'HeartofGold'.


2 posted on 02/20/2005 9:15:10 AM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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To: EternalVigilance

Hopefully, this loathesome cretin will get what is is asking for....


3 posted on 02/20/2005 9:16:15 AM PST by Virginia Ridgerunner ("Si vis pacem para bellum")
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To: EternalVigilance

Very sorry for your loss. I presume Gunther was on drugs? Sure sounds like it.


4 posted on 02/20/2005 9:19:09 AM PST by GVnana (If I had a Buckhead moment would I know it?)
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To: GVgirl

I don't think so.


5 posted on 02/20/2005 9:19:48 AM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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To: EternalVigilance

I did not know any of this. I'm so glad the murderer was convicted.


6 posted on 02/20/2005 9:20:11 AM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: EternalVigilance

bttt


7 posted on 02/20/2005 9:20:46 AM PST by cyborg (http://mentalmumblings.blogspot.com/)
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Comment #8 Removed by Moderator

To: Peach

He still has to face trial in Iowa for my sister's murder.

Iowa has no death penalty, but Nebraska does. Unfortunately, Nebraska prosecutors deteremined that shooting Mike Zawodny eleven times was somehow 'not heinous enough'.


9 posted on 02/20/2005 9:22:09 AM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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To: Yehuda

Thank you.


10 posted on 02/20/2005 9:22:51 AM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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To: EternalVigilance

That's great news.


11 posted on 02/20/2005 9:23:02 AM PST by Irish_Thatcherite (Today's FR special: Stuned Beeber cooked in a slightly Zotted Troll.)
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To: EternalVigilance

I'm so very sorry about your sister's murder, External Vigilance. What a horrible way to lose someone.


12 posted on 02/20/2005 9:23:29 AM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: EternalVigilance

May you and your family find peace as this thing unfolds and the murderer gets what he justly deserves...

May God's blessings be with you all.


13 posted on 02/20/2005 9:24:16 AM PST by deport (Other states try to abolish the death penality, my state`s putting in an express lane."..TaterSalad)
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To: deport

Thank you, deport.


14 posted on 02/20/2005 9:25:51 AM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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To: EternalVigilance

Im sorry for your loss.


15 posted on 02/20/2005 9:26:37 AM PST by cardinal4 (George W Bush-Bringing a new democracy every term..)
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To: trussell

A request for prayer for Samantha and Christopher, Sally's children.

They had lost their Dad to a heart attack less than 72 hours before their Mom was killed...they were orphaned at 16 and 19.

On the day Sally died, she had attended Sammy's graduation from High School. She couldn't have been more happy about that...


16 posted on 02/20/2005 9:28:51 AM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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To: EternalVigilance
Blessings to you and yours, EternalVigilance. I am so sorry for what your family has gone through.

Rest In Peace Sally (HeartofGold)

17 posted on 02/20/2005 9:29:24 AM PST by deadhead (God Bless Our Troops and Veterans)
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To: EternalVigilance
For Sally(HeartofGold) and your family: May the Lord bless and keep you, and make His Face shine upon you and bring you peace.......

One thing that struck me was that all the lawyers couldn't believe that the killer was so remorseful that he didn't want to live anymore. ....His former defense attorneys,who watched helplessly, called the apology an act of extreme remorse.....like they were distressed and disapointed that the killer didn't even want them to "help" I, for one, am glad that the killer didn't take up the court's time. I am glad that the lawyers didn't get to charge the state for their time, and I am glad that the great lie in this case..."not guilty" was not able to be used once again.

18 posted on 02/20/2005 9:31:14 AM PST by B.O. Plenty (Liberalism is a terminal disease.......)
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To: EternalVigilance

Well, as far as I'm concerned the case is closed. Give him what he's asked for.


19 posted on 02/20/2005 9:32:35 AM PST by lotusblos
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To: EternalVigilance

May God's Blessings enfold you as you give moral support to the children.


20 posted on 02/20/2005 9:35:09 AM PST by Iowa Granny
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