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Tuesday, October 14, 2008 12:55 PM CDT
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UPDATE: Jurors find Damm eligible for the death penalty
JEFF REINITZ, Courier Staff Writer
GALENA, ILL. --- Jurors found David Damm eligible for the death penalty this morning for hiring a hit man to kill 13-year-old Donnisha Hill in 2006.
The jury reached that decision after a half-hour hearing this morning. The trial will proceed Wednesday to next phase, where jurors will determine the actual sentence Damm should receive.
Damm wasn't in the courtroom this morning for the jury's decision because he was headed to Freeport for a medical treatment. He did attend the hearing.
Damm was convicted Thursday of first-degree murder, kidnapping and conspiracy to commit murder in Hill's Oct. 27, 2006, slaying.
Prosecutor Richard Schwind of the Illinois Attorney General's Office said the case met the criteria for capital punishment because Hill was killed as part of a financial agreement between Damm and the killer, to keep her from testifying in a sexual abuse case and because she aided the state in a criminal investigation.
Waterloo police were focusing on Damm in a molestation probe in October 2006, and Hill said he had encounters with her in his office and at his home.
"The evidence was getting closer and closer and closer," Schwind told jurors. "He couldn't talk her out of it. He couldn't get her to lie ... The best way to prevent somebody is to kill them."
The day after Waterloo detectives told Damm that Hill was sticking to her story and DNA tests were months away, Damm called his friend Bruce Burt. Burt, who testified for the state as part of a plea agreement, said Damm agreed to give him $5,000 and a car to make the girl disappear.
Burt said he beat her to death with a hammer and cut her neck outside Galena.
Damm told jurors he hired Burt to help Hill run away, not kill her. The defense suggested Burt killed the girl when she resisted his sexual advances.
Mark Lyon, who is representing Damm, told jurors he had "not one whisper of complaint of criticism" regarding the guilty verdict.
But Lyon asked jurors to carefully consider their task.
He noted it was possible jurors may have convicted Damm of murder using a "felony murder" theory. Under that, jurors could have decided that Damm hadn't planned to kill Hill, but he was taking part in the crime of kidnapping, and she died as a result of that offense.
"I don't know if that was part of your considerations or not," Lyon said.
A little more than an hour later, jurors had their answer. They found Damm eligible for a death sentence under the murder for hire provision --- that Damm procured another to commit the slaying for money or something of value.
They didn't find the case eligible under the other two criteria --- that the killing was carried out to keep her from testifying or because she had helped authorities.
The jury did have a question about those two factors during their eligibility deliberations.
All that was needed to move the case to the next level was a finding on one of the criteria.
Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.
GALENA, ILL. --- Jurors found David Damm eligible for the death penalty this morning for hiring a hit man to kill 13-year-old Donnisha Hill in 2006.
The jury reached that decision after a half-hour hearing this morning. The trial will proceed Wednesday to next phase, where jurors will determine the actual sentence Damm should receive.
Damm wasn't in the courtroom this morning for the jury's decision because he was headed to Freeport for a medical treatment. He did attend the hearing.
Damm was convicted Thursday of first-degree murder, kidnapping and conspiracy to commit murder in Hill's Oct. 27, 2006, slaying.
Prosecutor Richard Schwind of the Illinois Attorney General's Office said the case met the criteria for capital punishment because Hill was killed as part of a financial agreement between Damm and the killer, to keep her from testifying in a sexual abuse case and because she aided the state in a criminal investigation.
Waterloo police were focusing on Damm in a molestation probe in October 2006, and Hill said he had encounters with her in his office and at his home.
"The evidence was getting closer and closer and closer," Schwind told jurors. "He couldn't talk her out of it. He couldn't get her to lie ... The best way to prevent somebody is to kill them."
The day after Waterloo detectives told Damm that Hill was sticking to her story and DNA tests were months away, Damm called his friend Bruce Burt. Burt, who testified for the state as part of a plea agreement, said Damm agreed to give him $5,000 and a car to make the girl disappear.
Burt said he beat her to death with a hammer and cut her neck outside Galena.
Damm told jurors he hired Burt to help Hill run away, not kill her. The defense suggested Burt killed the girl when she resisted his sexual advances.
Mark Lyon, who is representing Damm, told jurors he had "not one whisper of complaint of criticism" regarding the guilty verdict.
But Lyon asked jurors to carefully consider their task.
He noted it was possible jurors may have convicted Damm of murder using a "felony murder" theory. Under that, jurors could have decided that Damm hadn't planned to kill Hill, but he was taking part in the crime of kidnapping, and she died as a result of that offense.
"I don't know if that was part of your considerations or not," Lyon said.
A little more than an hour later, jurors had their answer. They found Damm eligible for a death sentence under the murder for hire provision --- that Damm procured another to commit the slaying for money or something of value.
They didn't find the case eligible under the other two criteria --- that the killing was carried out to keep her from testifying or because she had helped authorities.
The jury did have a question about those two factors during their eligibility deliberations.
All that was needed to move the case to the next level was a finding on one of the criteria.
Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.
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purplecat wrote on Oct 14, 2008 2:02 PM:
" It seems like a no-brainer that he should get the death penalty -- unfortunately, it won't happen soon enough. His lawyers will file appeal after appeal, until FINALLY 20 years later we'll execute this scumbag. Unless someone on the inside takes care of him before this happens....one thing prison inmates won't tolerate is any crime involving a child. "
stacycaye wrote on Oct 14, 2008 3:36 PM:
" Just so we are all clear. Illinois has a moratorium on the death penalty. Thus, even if he sentenced to death, that sentence will not be carried out until the moratorium is lifted.
Secondly, it costs a ton more in tax dollars to sentence someone to death. They automatically get appeals which costs money, and they are often housed differently and more expensively.
Thus, we will now be wasting even more of OUR money on this horrible man. I think they should just give him life because he is sickly and old anyway. My guess is that he'll either die of natural causes or be killed before he is ever put to death. Don't waste our money on this man. Put him Gen. Pop. and let him fend for himself. See where that gets him. "
Secondly, it costs a ton more in tax dollars to sentence someone to death. They automatically get appeals which costs money, and they are often housed differently and more expensively.
Thus, we will now be wasting even more of OUR money on this horrible man. I think they should just give him life because he is sickly and old anyway. My guess is that he'll either die of natural causes or be killed before he is ever put to death. Don't waste our money on this man. Put him Gen. Pop. and let him fend for himself. See where that gets him. "
cfreader wrote on Oct 14, 2008 4:16 PM:
" I am normally a big supporter of the death penalty, especially in cases like this, but I agree totally with "stacycaye". Far less money money will be wasted on him in prison than for all the appeals. With his health, he won't be around long. Couple that with the fact that child molestors usually have a short life span in prisons because of the nature of their crime and it's obvious we should just let him live out the rest of his miserable life in prison. He will suffer much more in prison as a child molestor that he would by the death penalty. "
susang wrote on Oct 14, 2008 6:52 PM:
" It does cost more to put someone to death because of all the appeals but either way, I am prodeath penalty and would love to see this scumbag get what he deserves. My heart goes out to the Hill-Johnson family and am very happy to see justice has been served. RIP Donnisha "
timbrackett wrote on Oct 14, 2008 11:35 PM:
" the same reason illinois has a moratorium on the death penalty right now is one of my two reasons for opposing the death penalty. "
Brave babe wrote on Oct 15, 2008 1:30 PM:
" I agree with stacycaye put him back in general population and let him fend for himself. It wont take long we tax payers won't be spending anymore money on him. He should have to suffer like Donnisha did. (RIP Donnisha) "
myvoicematterstome wrote on Oct 15, 2008 2:23 PM:
" the thing is, even with the death penalty, he will spend YEARS!! on death row. it will most definitely waste tax payers dollars. At least he will NEVER be free again. GOOD RIDDANCE TO BAD RUBBISH i say. "
af1170 wrote on Oct 15, 2008 5:32 PM:
" Bye Bye Damm you should be hung upside down by the problem you had. Hey how about making Burt and Damm bunk buddies in jail? Prisoners dont like child killers Damm, and I'm sure Burt will protect you.
Sizzle in you know where Damm. "
Sizzle in you know where Damm. "
hetfield wrote on Oct 15, 2008 5:40 PM:
" tim what are the reasons you dont support the death penalty? and why is it the left wants to stay the rights of murderers and rapists but amorally sentence the unborn to death and infanticide?
sounds hypocritical to me. the left should hope god has a sense of humor. "
sounds hypocritical to me. the left should hope god has a sense of humor. "
a362966 wrote on Oct 15, 2008 10:23 PM:
" hetfield-just as hypocritical as the Right wanting to save babies but kill adults.
I don't disagree with the death sentence per say, but when you look at the hundreds of INNOCENT convictions that have been overturned due to DNA testing, it shows that our justice system simply convicts innocent people-all the time (especially in Texas and Florida).
The Right should hope God is a forgiving god. "
I don't disagree with the death sentence per say, but when you look at the hundreds of INNOCENT convictions that have been overturned due to DNA testing, it shows that our justice system simply convicts innocent people-all the time (especially in Texas and Florida).
The Right should hope God is a forgiving god. "
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DISCLAIMER: The Courier provides our story commenting feature in order to solicit feedback, debate and discussion on topics of local interest. Please keep in mind that civility is a necessary component of productive conversation. All blatantly inflammatory or otherwise inappropriate comments (i.e. vulgarity, marketing, etc.) are subject to rejection and/or removal. Comments will appear if and when they are approved. For a more in-depth explanation of our policy, please see our Rules of the Road. Thanks for reading, and thanks for participating.
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mystical wrote on Oct 14, 2008 12:49 PM:
I'm so happy for the Hill & Johnson family that they got the justice they deserve for their baby girl. She didn't deserve this kind of punishment no matter the circumstances. May Donnisha RIP now knowing that her killer is behind bars and found guilty. "