Special to the Courier

GALENA, Ill. - The man charged with accepting money to murder a 13-year-old Waterloo girl may be spared the death penalty by cooperating with the prosecution.

During a Wednesday hearing for David Damm, the man charged with hiring a hitman to kill the teen, attorneys revealed the state will not seek the death penalty for Bruce Burt if he testifies against Damm. Instead, prosecutors will seek life in prison for Burt.

Prosecutors allege Damm, 60, hired Burt, 58, to murder Donnisha Hill. Her body was discovered near Hanover, Ill., on Oct. 28, 2006.

Both men face multiple murder charges in connection with the fatal attack.

After about an hour of arguments from several attorneys Wednesday, some of Hill's family members became emotional, wiping away tears. When Damm attorney Allan Sincox referred to Hill as "the girl" repeatedly, her mother?s emotions boiled over.

"Her name is Donnisha. Her name is Donnisha," Leneaka Johnson yelled as she stood up. "This is (expletive)."

Johnson was ushered out of the courtroom and Donnisha's father, Adonnis Hill, followed her shortly after.

Later, Hill said each court session is difficult for Donnisha's family members, but they try to lean on one another and stay strong.

"It's pretty emotional. We?re looking forward to getting the trial started and getting it out of the way," he said.

Assisting prosecutor Vince Chimera said the cooperation agreement was made early in the case to help gather enough evidence to bring charges against Damm.

"The bottom line, judge, is that an agreement was struck at a time when we had to find out who was behind this murder, and that person was charged and that person is sitting over there," Chimera said.

Burt was arrested and charged in the case on Oct. 30. Damm was arrested on Nov. 13.

Also discussed at Wednesday?s hearing was Burt?s deposition. According to attorneys for all parties involved, Burt refused to answer four of the questions asked of him by Damm's defense attorneys.

Randy Wilt, who represents Burt, said the questions probed at past crimes Burt may have committed. Specifically, he said, they asked if Burt ever committed arson or killed a person other than Hill.

Because Burt?s answers could be self-incriminating and lead to an investigation or further charges, Wilt asked the judge to rule against the request for force Burt to answer.

But Damm's attorneys argued Burt would be protected by law if the judge ordered him to answer the questions.

After hearing all of the arguments, the judge ruled Burt does not have to answer.

The judge also agreed to push back Damm's trial, which was scheduled to begin on Feb. 25. Attorneys for the state said they were prepared to begin the trial in February, but the defense has not answered discovery. This is the second time the trial has been delayed; the original date was set for Sept. 17.

The judge said he will set a new trial date on April 11.

After the hearing, Adonnis Hill said he does not wish the death penalty on Burt or Damm because he thinks the punishment is inhumane. Rather, he hopes both are sentenced to life in prison without parole.

And as he prepares for another Christmas without his child, Adonnis Hill expects it will be just as hard to deal with as it was last year.

"There's just that void there, and it can?t be filled with presents," he said.

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