Posted on 12/09/2005 2:33:45 PM PST by EternalVigilance
Pottawattamie County Attorney Matt Wilber told the jury that the evidence in the first-degree murder trial of Michael Gunther tells the story of what happened in Sally Kennedy's trailer on the night that she was murdered.
"Thank God the evidence tells the story," Wilber said. "Because Sally Kennedy can't tell it herself."
The jury heard closing arguments from Wilber and defense attorney Chuck Fagen on Thursday before receiving the evidence for deliberation shortly after noon. The jury, made up of nine women and three men, was unable to make a decision in the case before breaking for the day.
Gunther, 50, is charged with first-degree murder in the death of Kennedy, 45, of Climbing Hills. Gunther is accused of stabbing Kennedy 22 times in her recreational vehicle at the Bluffs Run Casino on May 23, 2004, prior to gunning down Michael Zawodny in front of dozens of witnesses at the Blue's Amusement Carnival, near Offutt Air Force Base in Bellevue.
Wilber opened an emotionally charged closing argument with an audio conversation that Gunther had with Fox42 news in February. During the interview, he said that he "did some terrible things." When asked what he did, he said, "I killed two people."
When asked why he killed Kennedy and Zawodny, Gunther said that it was because they were lovers.
During Gunther's Sarpy County (Neb.) trial in February, he testified that Kennedy alluded to infidelities and Gunther's use of Viagra before he started shaking and blacked out for nearly three weeks.
Wilber said that Gunther's story changed during the current trial to include an altercation before Kennedy was stabbed in which Gunther testified that Kennedy pushed and punched him - an allegation Gunther did not make during his Nebraska trial.
"I'm going to guess that Mr. Gunther learned that provocation in the state of Iowa must be more than just words," Wilber said.
Wilber described Gunther as a man in control, so much so that he tried to control his own testimony from the stand on Wednesday, and as someone with a "crystal-clear" memory.
"He remembers the clothes (Kennedy) was wearing the first time that they met. We heard - frankly in mind-numbing detail - about all of the repairs he did at the carnival and exact dates when he went back to Chicago. He's a smart man and has a crystal-clear memory," Wilber said. "But conveniently he has no memory of the murder or three weeks after it."
Wilber said that the evidence tells the story of a woman who fought for her life and was stabbed on her arm and hand trying to protect herself.
"Mr. I'm-in-control was losing control. She told him they were breaking up and he wasn't needed in her business," Wilber said. "He was embarrassed and he wasn't going to let Sally Kennedy get the better of him."
Fagen said that his client testified to what he could remember, and that the case was a tragic love story but was not worthy of first-degree murder.
"The evidence in the case may tell you how it happened, but not why," Fagen said. "The state wants you to make some inferences."
Fagen also told the jury that whatever happened in Sarpy County had no bearing on Kennedy's death.
"Witnesses can tell you what Michael Gunther was purported to have said, but they still can't tell you how Sally Kennedy died," Fagen said.
Fagen also suggested that the state kept showing autopsy photos to sway the jury's inferences. He said that the only crime that Gunther could be guilty of was voluntary manslaughter.
Wilber, who apologized for the gruesomeness of the photos, said that murder is gruesome business and Kennedy's murder in particular.
"I don't know how to tame this down. We did not create the situation or how Sally Kennedy's body was found," Wilber told the jury. "The case was thrust into our lap, and will be in yours soon."
"Do your job, as sad as it is," an emotional Wilber said.
The jury was expected to resume deliberations today at 9 a.m.
©Daily Nonpareil 2005
Sally Kennedy was my sister, and was known here as 'HeartofGold.
I attended the three days of the trial, and am just waiting for a call from the County Attorney's office when the verdict comes in.
The prosecutors were brilliant. It is hard for me to imagine how they could have done a better job.
The facts were as clear as they could possibly be. We're all scratching our heads about why it is taking so long for the verdict. Must be one dumb juror...that's all we can come up with.
Sad ping...
Wow. Prayers for your family to have had such an awful tragedy. I hope there's a verdict very soon. The waiting has got to be stressful.
Our prayers for her soul and that God will give your whole family strength.
Very stressful.
But the family is holding up well.
Hang in there..
I'm sorry to hear about it. I hope that justice is done.
Sally was a committed Christian.
In the crime scene photos, her Bible was open on her night stand just feet from her body.
Open to the Book of Luke...
Well, EV, I hope that there will be justice in this case and closure for your family. I hope the SOB gets the needle.
No death penalty in Iowa, unfortunately.
He was already convicted of the murder of Mike Zawodny in Nebraska.
They have the death penalty, but he wasn't charged that way.
He received a life without parole sentence in that case.
Crossing fingers, toes and eyes for ya.
She's in heaven with her Savior, no doubt about it.
Prayers up, and hoping the jurors get a clue.
Just Damn. Hopefully he gets put away for the rest of his life, then.
I think juries typically do take their mission with some serious gravity. I've only been on one jury, an arson case, and there too the evidence was overwhelming. Our first vote was eleven guilty and one 'probably' guilty.
But still... we went slowly through each and every bit of the evidence and talked it all out, and made sure every one of us got a chance to talk about the parts that mattered most or least to them. We only deliberated about four hours, but we nearly decided to come back the next day, just to give everybody a chance to sleep on it and think it over.
So, just because they're taking their time... they're probably just being thorough.
Prayers for your family in this worst of times. I can't fathom what it must be like.
How sad. Prayers for you and your family. Prayers also that the jury finds it's way to justice soon.
Hi, EV. This is the first I've heard about the tragic loss of your sister. You and your family have my utmost sympathy, as well as heartfelt prayers.
If this guy is convicted in Iowa, where will he be incarcerated? Nebraska or Iowa? Does life without parole really mean that in both states?
He will be locked up for the rest of his life in any case.
Which, though I believe that he would be put to death in a just system, I find to be a bit satisfying. He's the ultimate control freak, and now he can't go to the bathroom without permission.
The first day of the trial, when he walked in for the first time, I felt a bit of pity for him. He looked like death walking.
But that disapated quickly, when I saw that he really hasn't changed a bit.
His entire defense, including his own disgusting testimony, was nothing but self-serving lies.
Thanks for posting this update about your sister. Here's hoping for a just verdict.
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