http://www.kansas.com/mld/kansas/4417889.htmJury deliberations begin in Carr case
District Attorney Nola Foulston's voice quavers as she appeals to the jury. The Carrs' lawyers repeatedly object to her graphic presentation.By Ron Sylvester - The Wichita Eagle - Nov. 01, 2002
Crime scene photos and jail mugs of Jonathan and Reginald Carr beside smiling portraits of the victims illustrated the state's emotional closing plea Thursday in the murder trial of Jonathan and Reginald Carr.
Lawyers from each side closed their cases, ending nearly four weeks of testimony. The jury received the case by midafternoon and deliberated for a short time before being dismissed by Judge Paul Clark. Jurors will resume deliberations today.
District Attorney Nola Foulston's voice quavered while asking the jury for multiple capital murder verdicts. Such a decision would send the trial into a penalty phase, where the jury would then listen to more evidence and decide whether the Carr brothers should be put to death.
But Foulston's closing drew repeated objections from both defense teams when she included a graphic computer presentation, using Microsoft PowerPoint.
The presentation flashed portraits of four victims and the survivor of a multiple homicide Dec. 15, 2000. The portraits showed two women, the survivor and Heather Muller, smiling by trees. There were similar pictures of Jason Befort, Aaron Sander and Brad Heyka. Foulston had placed those pictures next to crime-scene photos of the four bodies shot in the head at a soccer complex.
Foulston also showed pictures of rooms in the triplex at 12727 E. Birchwood Drive, where the survivor said the five friends were sexually assaulted and beaten for three hours before the shootings. Over the rooms, Foulston superimposed pictures of the smiling women. Then up popped the jail photos of the scowling Carr brothers.
At least one juror was close to tears. Relatives of the victims sobbed in the gallery.
The defenses' objections were based on recent appellate court decisions that have criticized prosecutors for trying to inflame jurors' emotions.
Kim Parker, Foulston's chief deputy, struck a similarly passionate tone during her portion of the state's closing. And though Parker did show an evidence slide and a glimpse of the soccer field, she relied on the strength of her words to outline the case.
"These are crimes driven by greed, driven by selfishness, driven by lust, by twisted sexual gratification, disregard for the value of human life, disregard for life -- to kill a dog," Parker said.
The Carr brothers are charged with dozens of crimes. Their combined 113 charges were grouped together into 97 for the jury to consider. That includes 47 counts against each brother plus three against Reginald Carr of being a felon in possession of a firearm. Included is a cruelty to animals charge for the death of a schnauzer, the pet of the woman who survived the rampage.
But it's the quadruple homicide that could bring them death. Kansas law allows the state to seek execution in certain circumstances, including killing more than one person at one time, or during or after a sexual assault.
Val Wachtel, one of Reginald Carr's lawyers, focused his arguments on the varying stories told by eyewitnesses over the past two years.
"The problem...when you signed on for this trek is that you've got to make your decision based on the evidence," Wachtel said.
Wachtel pointed out that Ann Walenta, shot Dec 11, 2000, described Reginald Carr six ways before she died Jan 2, 2001. Wachtel said the survivor of the multiple homicide failed on at least two other occasions to identify Reginald Carr.
Wachtel also questioned DNA evidence, as the lawyers for each of the brothers began blaming the other.
"The evidence shows that the crime scene had all sorts of DNA," Wachtel said. "All of it, that could be identified, was Jonathan Carr."
Mark Manna, one of Jonathan Carr's lawyers, pointed to tests that show that the same gun was used in three different crimes, including the carjacking and robbery of Andrew Schreiber.
"One gun, one shooter," Manna said.
Manna pointed out that Schreiber, since being kidnapped, terrorized and robbed Dec 7, 2000, always pointed to Reginald Carr, not Jonathan Carr, as his attacker.
Manna also portrayed Jonathan Carr as a follower of his older brother. Manna admitted that evidence proved some of the crimes against Jonathan Carr.
"But don't go back and just check the boxes guilty on all counts," Manna said. "It shouldn't be guilty by association. It should be guilty beyond a reasonable doubt."
Foulston, however, said the jury should do exactly that -- check all the boxes guilty.
"The evidence is everywhere," Foulston said, pointing to a courtroom packed with more than 800 exhibits. "People have come from everywhere to tell you what has happened.
"You have no question or doubt."
For detais about the murders see: The Wichita MassacreWichita Massacre Trial Threads:
Wichita to revisit brutal slayings as testimony begins - 10/07/2002
Deputy recalls moment of discovering bodies [Wichita Murders] Day 1 - 10/07/2002
WICHITA MASSACRE TRIAL UNDERWAY Day 1 - 10/08/2002
Legal wrangling opens Carr trial [Wichita Murders] Day 1 - 10/08/2002
Carr trial: Survivor describes sexual attacks by armed intruders [Wichita Massacre] Day 2 - 10/09/2002
Witchita Case of Black Racist Crime Survivor's testimony horrifies courtroom Day 2 - 10/10/2002
Woman testifies that Carrs killed her friends in a soccer field [Wichita Massacre Day 3] - 10/10/2002
Prosecutors Downplay Racial Element in Kansas Murder Trial - 10/11/2002
Reginald Carr had $996, victims' credit card, watch [Wichita Massacre Day 4] - 10/11/2002
Wichita Massacre Audio of 911 Call by Female Survivor with Court Room Video Footage From Day 1- 10/11/2002
Victims' belongings linked to defendant [Wichita Massacre Day 5] - 10/12/2002
Trial opens window into night of fear - 10/13/2002
Media Ignore Kansas Interracial Mass Murder - 10/14/2002
AP Finally Reports Wichita Trial... But Mentions "White Supremacist" Support - 10/14/2002
Nosey mom tips off cops (Wichita Massacre) Day 6 - 10/15/2002
'I was afraid,' witness says [Wichita Massacre Day 6] - 10/15/2002
ATM photos shown in Carr trial [Wichita Massacre Day 7] - 10/16/2002
Testimony on cellist slaying fills Carr trial [Wichita Massacre Day 8] - 10/17/2002
Survivor says she caught STD [Wichita Massacre Day 9] - 10/18/2002
Carr trial to focus on guns and DNA [Wichita Massacre Day 10] - 10/19/2002
Luck, vivid memories helped cops [Wichita Massacre] - 10/20/2002
Wichita Massacre -- The Latest in the Black Racist Hate Crime Trial - Carrs linked to crime scene - Day 11 - 10/22/2002
Hate crime reversed - By Armstrong Williams - 10/23/2002
Evidence in Carr trial gruesome, unavoidable [Wichita Massacre Day 12] - 10/23/2002
Jurors view Wichita crime scenes / DNA ties Carrs to victims [Wichita Massacre day 13] - 10/24/2002
State to rest case against the Carrs [Wichita Massacre Day 14] - 10/25/2002
State rests; Carrs begin their side [Wichita Massacre Day 15] - 10/26/2002
DNA lets the dead speak in Carr trial [Wichita Massacre] - 10/27/2002
Carr jurors get break as deliberation rules ironed out [Wichita Massacre] - 10/28/2002
Multiple-killings suspect unlikely to testify [Wichita Massacre] - 10/29/2002
Survivor's police interview rattles Carr trial jurors [Wichita Massacre Day 16] - 10/30/2002
Carrs' defense rests; jury deliberation near [Wichita Massacre Day 17] - 10/31/2002
grrrr..In my opinion, this had nothing to do with lust or sexual gratification, it had to do with gratification of the humiliation of white men and women.