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Updated: 5:24 PM Nov 13, 2009
Torres Sentencing Won't Come Until Next Year
Grand Island Although some family members of the two victims Marco Torres Jr. has been convicted of killing hoped for an early Christmas gift, an end to the court proceedings won't come until January.
Posted: 5:04 PM Nov 13, 2009Reporter: Sara Geake Email Address: sara.geake@1011Now.com |
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The families of two murder victims will have to wait even longer for justice.
A three judge panel met in Grand Island Friday to determine the fate of Marco Torres Junior.
STORY HIGHLIGHTS
- Torres was convicted of 2007 murders in August
- Prosecution asking for death penalty
- Defense says Torres' actions were "meth-fueled"
- Panel of judges will reconvene in January
Torres was convicted of murdering 60-year-old Edward Hall and 48-year-old Timothy Donohue in 2007 by a jury in August.
On Friday, attorneys from the defense and prosecution presented evidence before Hall County District Judge James Livingston, Lancaster County District Judge Jodi Nelson, and Douglas County District Judge Gary Randall during a hearing.
A dozen family members at in the courtroom. Donohue's daughter attended the proceedings for the first time, and was noticeably distraught.
Torres showed no emotion sitting in the defendant's chair, handcuffed and wearing a beige prison uniform.
Hall County Attorney Mark Young called two Grand Island Police officers-Sgt. Dave Vitera and Investigator Ben Arrants-has witnesses.
Young said Torres' motive for murder was to conceal the theft of Hall's debit card and car. He noted Torres' prior violent history, including a kidnapping Grand Island and assault in Texas.
The prosecution asked the panel to seek the death penalty.
Torres' council, Kirk Naylor called drug and alcohol abuse counselor Gerrol Jensen to testify on the effects of methamphetamine use.
The defense says Torres used meth heavily during his time in Grand Island from January to March of 2007.
Naylor said Torres "fell into" a group of meth users during that time, and that drug use could have changed him.
Jensen said long term meth use could trigger a fight or flight reflex and make users paranoid.
However, Young said plans Torres' was making with drug dealers meant his meth addiction wasn't severe enough to cause a double murder.
Naylor said most of Torres' violent history took place during his "meth fueled" time in Grand Island.
Court transcripts, Torres' criminal record, and the state's pre-sentence investigation were submitted into evidence.
Naylor objected to including court transcripts, saying two judges hadn't seen the live testimony and couldn't determine witness credibility from the transcript.
That motion was overruled.
Naylor also submitted two motions, saying the wording of Nebraska's death penalty is vague and-after the passing of LB36-there wasn't a form of lawful execution during the time the murders were committed.
Torres waived his right to make a statement on his own behalf.
The defense and prosecution were told to submit written closing arguments to the court within 10 days.
The three judge panel will reconvene on January 29 for a sentencing.
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