Serial Shooter Dale Hausner testifies in his own murder trial earlier this year, just weeks before a jury convicted him of six murders and 74 other crimes in a year-long killing spree. File photo
Jurors took just two hours today to decide serial killer Dale Hausner is eligible for the death penalty under Arizona law. The lightening-fast decision means the 36-year-old former Mesa resident will now head to the final phase of his marathon murder trial in which the same jury will determine whether, in fact, he deserves to be put to death.
In all, jurors found him eligible for the death penalty in each of the six murders they convicted him of on March 13. The decisions came in the murders of victims David Estrada, Nathaniel Schoffner, Jose Ortis, Marco Carillo, Claudia Gutierrez-Cruz and Robin Blasnek. All were gunned down by Hausner in separate nighttime shootings in 2005 and 2006, stretching across the Phoenix valley.
In their decision, jurors said the nature and sheer numbers of the murders made Hausner a candidate for the death penalty. The killings met several of what Arizona state law considers “aggravating conditions,” including that some of them were done in a cold and calculating manner and that they were unusually heinous and depraved.
“Based upon the previous verdicts, it wasn’t surprising,” said Hausner’s defense attorney Tim Agan just minutes after today’s decision was handed down.
On Monday, Agan asked the jury to rule out the ultimate penalty for his client, saying the attacks themselves weren’t particularly evil or spectacular. The victims in these shootings didn’t suffer more than the typical shooting victim, Agan told the jury. And the numbers alone shouldn’t constitute moving on to the next phase.
The jury, however, disagreed. It instead sided with Maricopa County prosecutor Vince Imbordino who argued Hausner was far different than a typical murderer. He stalked his victims for several minutes before killing them. He kept newspaper clippings as souvenirs of the attacks. And he relished the power he had over his victims in the long series of random nighttime killings.
A spokesman with the Maricopa County Attorney’s Office declined to comment about today’s decision.
The final phase of Hausner’s trial will begin on Thursday morning. But the whole thing may end up being extremely short.
Hausner told Judge Roland Steinle last week that he wanted to skip the segment of the trial in which his defense team presents witnesses demonstrating why his life should be spared. Such a proceeding would almost certainly include testimony from Hausner’s friends and family members, painting a picture of his life before his arrest.
But Hausner’s choice to turn down the opportunity to present such evidence could also be an attempt for him to save face. The evidence was also expected to include testimony from the high-profile forensic psychologist Mark Cunningham, who was hired by Hausner’s defense team. According to minutes of last week’s hearing, Cunningham had already prepared a report about Hausner’s mental status. Though it is not clear what the report says, the minutes show Hausner specifically wanted the document sealed instead of being placed into evidence.
The judge forced Hausner to undergo another psychological exam before deciding whether to let him pass up the opportunity to help save his own life. Hausner maintained the right to make a statement to the jury.
Jurors only get to decide Hausner’s sentencing on the six murder counts. He was also convicted earlier this month of 74 other crimes related to the year-long killing spree, including assaults, arsons and a stabbing. The judge will sentence Hausner for those crimes after the final verdict comes down.