THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, July 14, 1995 TAG: 9507140413
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Long : 115 lines
For killing four people execution-style at the Witchduck Inn last year, Michael D. Clagett should be executed himself, a jury recommended Thursday.
The Circuit Court jury concluded that Clagett is a future threat to society and had a depraved mind at the time of the killings. Either conclusion would have been enough for the death penalty.
It was the first death sentence handed down by a Virginia Beach jury since 1986, when Richard Townes Jr. was condemned for shooting a convenience-store clerk.
Judge Edward W. Hanson Jr. will formally sentence Clagett on Sept. 18. He could reduce the sentence to life in prison, but Commonwealth's Attorney Robert Humphreys said he could recall that ever happening.
Clagett, 34, stood at attention, hands clasped in front of him, and showed no emotion as the five death sentences were read - one for each victim, plus one for multiple murder. He has said repeatedly that he wants to die for the crimes.
Almost everyone around him reacted emotionally to the tense moment. Two female jurors cried. Several relatives of the victims wept and hugged in the front spectator row directly behind Clagett.
``It was a very emotional trial, obviously,'' the judge said as he thanked the lawyers on both sides.
Clagett's three public defenders - Peter Legler, Thomas Watkins and Melinda Glaubke - sat stunned, as if glued to their seats, while everyone else left the courtroom.
A day earlier, Legler and Glaubke gave teary-eyed arguments to the jury in a desperate effort to save Clagett's life. At that time, Legler acknowledged to the jury, ``This is against all odds.''
The jury deliberated five hours before recommending death for each of five counts of capital murder. The same jury had deliberated 4 1/2 hours before convicting Clagett.
Outside the courtroom, amid hugs, handshakes and tears, the victims' families expressed thanks to the jury and Humphreys.
``I'm definitely relieved and I'm glad he (Clagett) is going to get what he deserves,'' said Kevin Rounds, husband of murdered bartender Karen S. Rounds. ``I just hope the appeals are short and everything is done and over with as soon as possible. I don't think Karen will rest until he's in the (electric) chair and the switch is pulled.''
If his death penalty is upheld, Clagett will choose between the electric chair and lethal injection.
``I'm not unhappy with the verdict,'' said Carolyn Cussins, mother of slain handyman Wendel G. ``J.R.'' Parrish Jr. ``The Bible says if you take a life, you give a life. The jury did a good job. I'm glad it's over.''
Clagett's three attorneys left the courthouse by a back door to avoid the media crunch.
Later, Legler said he was very disappointed, especially since one or two jurors appeared to cry during his closing arguments. ``Perhaps it misled us,'' Legler said.
He declined comment on Clagett's reaction to the sentence. In the past, Clagett has said repeatedly that he wants to be executed, and even tried to change his plea to guilty on the day the trial was supposed to start. He changed his mind at the last minute and agreed again to plead not guilty.
Clagett's lawyers had very little to work with. Clagett did not testify, nor did any friends or relatives. The defense called no witnesses during the guilt-or-innocence phase, and called only one witness - the police detective who interrogated Clagett - in the sentencing phase.
Lawyers on both sides noted how long the jury took in deliberations. At times, relatives of the victims became nervous because they thought it would be over quickly.
``The jury took their responsibilities very seriously,'' Legler said. ``The fact that they spent as much time as they did showed that they were extremely conscientious.''
That the trial took so long - three weeks all together, starting with five days of jury selection - surprised many people, since Clagett had confessed repeatedly to news reporters, police and a judge immediately after his arrest.
Ultimately, Clagett's 90-minute videotaped confession to police proved the most damaging. In it, Clagett wept nonstop, apologizing over and over for the killings, especially of ``my buddy'' LamVan Son. He described in detail how he shot each victim.
The jury did not, however, see the parts of the videotape in which Clagett repeatedly asked to be killed. Those audio portions of the tape were muted and the words were edited out of the jurors' transcripts.
In the confession, Clagett admitted that he shot all four victims in the head on June 30, 1994, as part of a robbery with his lover, Denise Holsinger. He said the couple planned the crime as they had sex on a couch in Clagett's house a short time before the killings. They stole $400 from the bar.
Two of the victims' relatives said the death penalty sends a message to society. ``I like people out there to know you will be punished for what you do,'' said Lanna Son, wife of slain tavern owner LamVan Son.
Added Khadija Johnson, sister of slain patron Abdelaziz Gren, ``It carries a message to criminals. We're not fooling around with them anymore.''
Son said she planned to visit her husband's grave and talk with him about the trial. ``I'll tell him, `Michael probably will see you soon,' '' Son said.
Knowing her husband, Son said, he probably would forgive Clagett. Lanna Son said she never will. ``He won't get any mercy from me,'' Son said.
It was the second time in a month that a local jury recommended death for a killer. Last month in Norfolk, a Circuit Court jury recommended that Derek Barnabei be executed for raping and murdering an Old Dominion University student.
The last person sentenced to death in Virginia Beach was Russel Burket, who received the punishment from a judge in March 1994 for the murder of a mother and her daughter. ILLUSTRATION: Color staff photo by Lawrence Jackson
Clagett, 34, stood at attention and showed no emotion as the five
sentences were read.
KEYWORDS: MURDER CONVICTION CAPITAL MURDER CAPITAL PUNISHMENT
DEATH SENTENCE by CNB