Wednesday, June 13, 2018

Defense argues Dr. Anthony Garcia should be spared the death penalty because of severe mental illness and 'profound burden of failure' in death penalty sentencing hearing

Douglas County Sheriff's deputies wheel in Anthony Garcia, who doesn't
seem to be faking having mental illness, for his death penalty hearing
The much-anticipated and long-delayed death penalty phase for convicted "Creighton killer" Dr. Anthony Garcia finally began Wednesday morning to determine whether he will get the death penalty or spend the rest of his natural life in prison.

Garcia was convicted for two sets of double murders last October with aggravating circumstances that qualified for death penalty consideration under Nebraska law.

In 2008, he broke into the Dundee home of his former boss, then Creighton University Medical Center pathology residency director Dr. William Hunter, and stabbed to death Dr. Hunter's 11-year-old son, Thomas, and the family's housekeeper, Shirlee Sherman, while Dr. Hunter was still at work.

Then in 2013 five years later, he broke into his other former boss' home, then Creighton University Medical Center pathology department chairman Dr. Roger Brumback, and stabbed to death Dr. Brumback and his wife Mary.

All four murders were thought to be motivated by revenge for Dr. Garcia's dismissal from the Creighton University Medical Center pathology residency program back in 2001.

Garcia's former supervisors, Drs. William Hunter and Roger Brumback in particular, were thought to be the primary targets for the serial killer's thirst for blood.


The 3-judge panel overseeing the death penalty sentencing phase of the trial consists of Douglas County District Court Judge Gary Randall (who also oversaw Garcia's murder trial), Douglas County District Court Judge W. Russell Bowie, and Gage County District Court Judge Rick Schreiner.

'Wow! He's a mess.' an attorney from the back of the courtroom said as quadruple
murderer, Dr. Anthony Garcia, was wheeled into the courtroom on Wednesday
As expected, Garcia's new attorneys from the Nebraska Commission on Public Advocacy (i.e., the state's public defenders' office) argued on Wednesday that Dr. Garcia should not get the death penalty due to numerous mitigating factors.

They argued that Garcia suffered from severe mental illness and was "burdened by a profound failure" in not measuring up to expectations of being a doctor.

"Dr. Garcia was severely mentally ill, he was an alcoholic, he was under the influence of alcohol at the time of the crimes, he suffered from medical conditions as well as contributed to his mental illness and impairment,” Garcia's attorney Jeff Pickens argued. "He was burdened by a profound failure all of which caused him to fixate on the two people he believed were responsible for all his problems."

Picken's arguments of Garcia suffering from severe mental illness seemed compelling this time round, given that the defendant had to be rolled into court by Douglas County sheriff's deputies in a wheelchair, and Garcia's physical appearance had dramatically deteriorated since his last appearance in November of last year.

Garcia had gained back a lot of weight he had lost during the 5-year long murder trial and looked completely disheveled with an unkempt beard and hair, uncut fingernails and toenails, and seemed like he was inappropriately asleep or in a catatonic state throughout the court proceeding.


Garcia's new defense attorneys revealed on Wednesday that Garcia hadn't spoken to them since they were assigned the case, which confirms what Garcia's previous defense attorneys have said about the recently convicted killer in court through their own interactions with Garcia.

Dr. Anthony Garcia during his murder trial
While prosecutors disagree with defense attorneys' assertions of these mitigating factors, lead prosecutor, Douglas County Attorney Don Kleine, contends that none of the mitigating factors will overcome the 10 aggravating factors that a jury determined warranted consideration of the death penalty for the case.

Prosecutors assert that Garcia chose to commit the murders and chose to sleep in court, so his mental state should not outweigh the seriousness of his crimes.

From what we could see, it appears that Dr. Garcia is likely headed for the gas chamber.

While it is unethical and immoral to execute someone who is mentally insane, courts in recent years seem to turn a blind eye and lend a deaf ear to this kind of defense, even if the mental state of defendant is validly in question.


It has been very apparent to many court observers for some time now that Judge Randall has been suspicious and extremely exasperated by Garcia's bizarre catatonic behavior in court, so he will have no qualms about sentencing Garcia to death, even if the behavior is due to a bone fide mental illness.

We can assuredly assume that the three judges have already made up their minds on the matter and are only dotting their i's and crossing their t's on the rest of hearing to make sure Garcia does not have a valid defense to win an appeal.


The death penalty sentencing hearing will continue on this week, but the formal sentence won't be announced for at least a month or two, while the 3-judge panel deliberates both sides' arguments.

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