Confessed triple killer
leaves fate up to judge
NEVADA CITY (5/2/03) -- A Nevada County judge agreed Friday to be the one to decide whether Scott Thorpe, 42, was sane when he gunned down three people two years ago.
Thorpe pleaded guilty March 20 to three counts of first-degree murder and two counts of attempted murder in a Jan. 10, 2001 rampage through the county mental health clinic and a nearby restaurant.
College student Laura Wilcox, 19, and caregiver Pearlie Mae Feldman, 68, were killed and one person injured at the county office. Lyons Restaurant manager Michael Markle, 24, was killed and a cook wounded minutes later.
Thorpe's decision to waive his right to a jury trial and instead place his fate in the hands of Superior Court Judge Carl Bryan will shorten proceedings and eliminated the chance of a hung jury, attorneys said.
Thorpe originally pleaded not guilty and not guilty by reason of insanity, which would have required a jury to first decide his guilt and then, in a second hearing, whether he was sane at the time of the crime.
Now, only the sanity hearing will be held. It is expected to open May 13 and could run through May 23, Nevada County Public Defender Tom Anderson said.
"It's the last fork in the road," said Thorpe's brother, Sacramento police Sergeant Kent Thorpe.
Five psychologists, Thorpe's family members and friends are expected too testify, Anderson said.
If Bryan finds Thorpe was sane when he pulled the trigger, he will be sentenced to state prison for life without the possibility of parole. District Attorney Michael Ferguson said.
If Bryan rules he was insane at the time, he will be sentenced to an indefinite period of time in a state mental hospital.
"If some time down the road the doctors decided he is restored (to sanity) he would come back (to Nevada County) for a trial on that issue," Ferguson said.
If a local jury did not agree with the doctors, Thorpe would be sent back to the mental facility, Ferguson said.
"Either way, he is gone for good," Anderson said.
Both Ferguson and Anderson agreed to the jury waiver, since both were concerned about achieving closure to the long-running drama that has consumed families and the public for two years now.
"It would take only determined juror to cause a hung jury and it would have to come back for another trial. Neither of us wanted to put the families or ourselves through it again," Anderson.
With a judge trying the sanity issue, a final decree -- life in a state prison for Thorpe or in a mental institution -- is assured, Anderson said.
leaves fate up to judge
NEVADA CITY (5/2/03) -- A Nevada County judge agreed Friday to be the one to decide whether Scott Thorpe, 42, was sane when he gunned down three people two years ago.
Thorpe pleaded guilty March 20 to three counts of first-degree murder and two counts of attempted murder in a Jan. 10, 2001 rampage through the county mental health clinic and a nearby restaurant.
College student Laura Wilcox, 19, and caregiver Pearlie Mae Feldman, 68, were killed and one person injured at the county office. Lyons Restaurant manager Michael Markle, 24, was killed and a cook wounded minutes later.
Thorpe's decision to waive his right to a jury trial and instead place his fate in the hands of Superior Court Judge Carl Bryan will shorten proceedings and eliminated the chance of a hung jury, attorneys said.
Thorpe originally pleaded not guilty and not guilty by reason of insanity, which would have required a jury to first decide his guilt and then, in a second hearing, whether he was sane at the time of the crime.
Now, only the sanity hearing will be held. It is expected to open May 13 and could run through May 23, Nevada County Public Defender Tom Anderson said.
"It's the last fork in the road," said Thorpe's brother, Sacramento police Sergeant Kent Thorpe.
Five psychologists, Thorpe's family members and friends are expected too testify, Anderson said.
If Bryan finds Thorpe was sane when he pulled the trigger, he will be sentenced to state prison for life without the possibility of parole. District Attorney Michael Ferguson said.
If Bryan rules he was insane at the time, he will be sentenced to an indefinite period of time in a state mental hospital.
"If some time down the road the doctors decided he is restored (to sanity) he would come back (to Nevada County) for a trial on that issue," Ferguson said.
If a local jury did not agree with the doctors, Thorpe would be sent back to the mental facility, Ferguson said.
"Either way, he is gone for good," Anderson said.
Both Ferguson and Anderson agreed to the jury waiver, since both were concerned about achieving closure to the long-running drama that has consumed families and the public for two years now.
"It would take only determined juror to cause a hung jury and it would have to come back for another trial. Neither of us wanted to put the families or ourselves through it again," Anderson.
With a judge trying the sanity issue, a final decree -- life in a state prison for Thorpe or in a mental institution -- is assured, Anderson said.
<< Home