GALENA, ILL. - When jurors sentenced David Damm to death Wednesday, they ripped up the alternative verdict form that would have spared his life.
The jury foreman told the court they disposed of the torn form in the waste basket in the deliberation room.
Damm, a 60-year-old used car salesman from Waterloo, was convicted last week of hiring Bruce Burt to kill 13-year-old Donnisha Hill. Her body was left next to a rural driveway about 10 miles outside of Galena Oct. 27, 2006.
The Jo Daviess County jury started deliberating at 4:05 p.m. after a day of witnesses and arguments. They returned with the decision that execution was the appropriate sentence at 4:55 p.m.
"The court shall sentence the defendant to death," said Clerk of Court Sharon Wand, reading the verdict.
Damm, who has sat quietly during the four-week trial, continued to stare straight ahead and showed no emotion.
Donnisha Hill's parents said they are both against the death penalty.
"It's nothing to rejoice. It's nothing to celebrate," said mother Leneaka Johnson. "I feel bad for his mother and his grandson."
Adonnis Hill, Donnisha Hill's father, said he wasn't overly vocal when prosecutors told him they were seeking death for Damm.
"I said that's fine, but I don't wish death on people," Adonnis Hill said. "I'm not for the death penalty."
The parents said they will continue to pray for Damm and his family.
"They need that prayer now more than ever," Johnson said.
For Donnisha Hill's parents, knowing Damm was found guilty and held accountable for his actions was enough.
"It would be nice if he would admit to what he's done," Johnson said.
Damm took the stand in his own defense and told jurors he had hired Burt to help the girl run away as a sexual abuse investigation closed in on him in October 2006.
His lawyers said Burt killed Donnisha Hill on his own after she fought off his sexual advances.
Jurors found Damm guilty of first-degree murder, kidnapping and conspiracy last week after about an hour and half of deliberations. On Tuesday, they found the case was eligible for capital punishment in an hour because it involved a murder for hire scheme.
Judge William Kelly set an execution date for Dec. 1, but the punishment won't be handed out then. A Dec. 5 date was set for post-trial motions, and any death sentence in Illinois is automatically appealed to the state's Supreme Court, said Mark Lyon, who helped defend the case.
Beyond that, Illinois currently has a moratorium on executions. People can be put on death row, but they can't be put to death until the governor lifts the ban.
Had jurors decided not to impose capital punishment, the sentence would have been up to a judge. Damm could have spent anywhere from 20 years to life behind bars, said Jo Daviess County State's Attorney Terry Kurt.
Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.
Posted in Top_story on Wednesday, October 15, 2008 12:00 am
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