Shauna Howe: O'Brien brothers guilty
Glek
O'Brien were convicted Wednesday of killing Shauna Howe.
After nearly 17 hours of deliberations, an Indiana County jury found
both Oil City brothers guilty of second-degree murder, third-degree murder,
involuntary deviate sexual intercourse, kidnapping and criminal conspiracy
to commit kidnapping, wrapping up the 13-year murder case.
Second-degree murder, or felony murder, carries a mandatory life
sentence without the chance of parole. Second-degree murder is not
premeditated and occurs during the commission of a felony crime, such as
kidnapping.
The O'Briens were acquitted of first-degree murder and rape. To find a
defendant guilty of first-degree murder, a jury must be convinced that the
killing was premeditated and deliberate.
The long-awaited verdict came on the eve of the 13-year anniversary of
Shauna's disappearance. The 11-year-old girl was snatched from the corner
of West First and Reed streets on Oct. 27, 1992, as she walked home from a
Girl Scout Halloween party. Her body was found three days later.
It took almost 12 years until July 2004 before arrests were made in the
crime.
James O'Brien, 33, and Timothy O'Brien, 39, showed no emotion as the
jury foreman read the verdict late Wednesday afternoon. As they awaited the
verdict, the brothers could be seen from the audience chatting and
chuckling with one another.
Across the courtroom, Shauna's family sat nervously, awaiting the
jury's decision.
As the verdict was read, Shauna's family celebrated quietly, hugging
one another and letting tears slip silently from their eyes. When Judge
Oliver J. Lobaugh adjourned court, they leapt from their seats and embraced
as sheriff's deputies led the O'Brien brothers from the crowded courtroom.
"This is justice," Lucy Howe Brown, Shauna's mother, said after the
verdict was read.
Brown descended the stairs of the Venango County Courthouse surrounded
by family and friends.
"I know these people will never hurt anyone again," Brown told those
who gathered around her. "They took a little girl's life."
"We've been waiting for this almost 13 years and we couldn't be
happier," Keith Sibble, Shauna's uncle, said. "We prayed all day long. Now
we know these people are done."
Sentencing for the O'Briens is scheduled Jan. 24.
Attorneys were not able to comment after the verdict because a gag
order that had been placed on trial participants remains in effect.
The trial began more than two weeks ago, on Monday, Oct. 10. Testimony
wrapped up Saturday.
Attorneys offered closing remarks Monday, and the jury began
deliberations late Tuesday morning.
Jurors deliberated until about 9 p.m. Tuesday night and reconvened
Wednesday at about 8:30 a.m.
They had one question for Judge Oliver J. Lobaugh throughout the course
of their deliberations. At about 1 p.m. Wednesday, court reconvened as the
jurors asked the judge to reread definitions of the charges against the
O'Briens.
At about 4 p.m., the jury of 12 Indiana County residents, six men and
six women, announced they had reached a verdict. The jury entered the
courtroom at 5 p.m. to announce its decision.
The jurors were not permitted to know that the O'Briens were serving
jail time on other charges while they were being tried for Shauna's murder.
Throughout the proceedings, the shackled brothers were not led out of the
courtroom until the jury was behind closed doors.
The prosecution's key witness, Eldred "Ted" Walker, who pleaded guilty
to charges of third-degree murder and kidnapping last month, told the jury
he was the one who grabbed Shauna from the street and handed her off to the
O'Brien brothers.
What Walker thought was just a Halloween prank to make Oil City police
appear foolish turned into more, he told the jury.
But defense attorneys representing the O'Briens pointed the finger at
Walker, claiming he was the one who kidnapped, sexually assaulted and
killed Shauna himself.
Defense attorney Wayne Hundertmark claimed James O'Brien's DNA that was
found in Shauna's mouth and on her clothing got there as a result of an
earlier tryst his client had in the same bedroom where he claims Walker
molested Shauna.
Even after the verdict was read, members of the O'Brien family
maintained the men's innocence.
In a typewritten statement, the "family of Tim and Jim O'Brien" said
they believe the brothers "did not do this crime against the little girl
Shauna."
"We know where they were at the time of this crime," the statement
says.
The O'Brien family claims that the "real persons" responsible for
Shauna's death are still out there.
Glek
tiny dancer
"Glek" <gle...@email.com> wrote in message
news:Xns96FCD6EA9...@207.69.189.191...
I"m glad to hear they were convicted, but not so sure about the not guilty
on first degree murder and the rape charge. At least hopefully, they won't
ever be out on the streets again.
Thanks for your updates on this one glek.
td
Glek
news:Wsg8f.12525$NJ....@bignews7.bellsouth.net:
You are very welcome. I don't understand why they weren't convicted of
first degree either. Evidence was presented that Shauna was still alive
when she was thrown off that trestle. I find it hard to believe the
O'Briens would not have known this, and that getting rid of her that way
would ensure her death, if not from the fall then from exposure to the
elements. That is premeditation AFAIC. It is about as evil as what Couey
did to Jessica Lunsford. I also don't understand why they weren't
convicted of raping her. I suspect there was a holdout on the jury for
whatever reason, and they settled on the other charges so they could get a
conviction and get back home. I'm afraid I'm rather ignorant of the laws
of my own state. When I heard this morning that the O'Briens were
convicted of 2nd degree, I was fearful they might get a less-than-life
sentence and be eligible for parole. Fortunately that is not the case. The
O'Briens are going to be in prison for life with no chance of parole.
tiny dancer
That's exactly the way I saw it. Once they 'threw her away', they
premeditated her murder IMHO. Maybe some of the jurors will speak about the
reasoning behind their verdicts in coming days. If so, please post their
reasons here, because I too would be interested to hear them. I don't know
if I was on a jury, if I could compromise on something like that or not. I
tend to think not, that I'd be a hold out for first degree and rape.
td
Glek
>
> "Glek" <gle...@email.com> wrote in message
> news:Xns96FCEED1B...@207.69.189.191...
>> "tiny dancer" <tinyda...@hotmail.com> wrote in
>> news:Wsg8f.12525$NJ....@bignews7.bellsouth.net:
>>
<article snipped>
It doesn't sound as though the jury will be talking to the media, though if
any of them changes their mind and I find it, I will post the story:
http://www.thederrick.com/stories/10272005-4006.shtml
Oh, and just a couple of hours ago, stories were posted that Eldred Walker,
the guy who kidnapped Shauna as a "prank", wants to withdraw his plea,
believing that he would be found not-guilty in a trial because the prosecutor
argued during the O'Briens' trial that he did not mean to kidnap the girl.
This Walker is several pints short of a gallon:
http://www.timesleader.com/mld/timesleader/13015155.htm
They also had the final candlelight vigil for Shauna tonight.
Carin
> Sitting placidly across from one another, brothers James and Timothy
> O'Brien were convicted Wednesday of killing Shauna Howe.
>
>
>involuntary deviate sexual intercourse
How exactly do you accomplish that?
mar...@utrillo.ac
wrote:
I've never understood that use of the word "involuntary".
"Involuntary" manslaughter? wtf? They volunteered to do it!
scooter34
Glek wrote:
> "tiny dancer" <tinyda...@hotmail.com> wrote in
> news:Wsg8f.12525$NJ....@bignews7.bellsouth.net:
> > I"m glad to hear they were convicted, but not so sure about the not
> > guilty on first degree murder and the rape charge. At least hopefully,
> > they won't ever be out on the streets again.
> >
> > Thanks for your updates on this one glek.
> >
> > td
> >
> >
> >
>
> You are very welcome. I don't understand why they weren't convicted of
> first degree either. Evidence was presented that Shauna was still alive
> when she was thrown off that trestle. I find it hard to believe the
> O'Briens would not have known this, and that getting rid of her that way
> would ensure her death, if not from the fall then from exposure to the
> elements. That is premeditation AFAIC. It is about as evil as what Couey
> did to Jessica Lunsford. I also don't understand why they weren't
> convicted of raping her. I suspect there was a holdout on the jury for
> whatever reason, and they settled on the other charges so they could get a
> conviction and get back home. I'm afraid I'm rather ignorant of the laws
> of my own state. When I heard this morning that the O'Briens were
> convicted of 2nd degree, I was fearful they might get a less-than-life
> sentence and be eligible for parole. Fortunately that is not the case. The
> O'Briens are going to be in prison for life with no chance of parole.
I was curious too, so I looked, and in Pennsylvania, here's the
definition of second degree murder:
"b) Murder of the second degree.-A criminal homicide constitutes murder
of the second degree when it is committed while defendant was engaged
as a principal or an accomplice in the perpetration of a felony"
I'm guessing that the jury saw the murder as springing from the felony
(rape) as opposed to be being a plan to kill someone from the
beginning. I have to believe that this is the correct call, because I
didn't really see anything that proved premeditation to murder,
although I don't doubt it for a minute. This is a good solid
conviction, that, along with the rape convictions, should put them away
for life.
scooter34
philli...@aol.com
flbru...@gmail.com
pjwat...@gmail.com
Wickr...benzos78463
web. greenishpharma(dot)com
SHIPPING:< , br>Stealth Package
- Vacuum sealed thick plastic
- Mylar bags
- Anti dog spray
- Anti smell spray
- Return address.
- We only use regular post. If you want Express Delivery with tracking, PM
us and we talk about it....
Shipping time varies for each country.
But all deliveries are done within 3 to 7 business days.
Delivery guaranteed!!
Xanax 1 mg ( blue Ksalol)
Xanax 1 mg Upjohn footbals
Xanax 2 mg ( Pfizer LongBars)
Xanax Alprazolam 1mg
Medical Marijuana
Oxycodone 30mg
Oxycontin 40mg
Roxicodone 30mg
Diazepam Valium 10mg
Subutex 8mg
Suboxone 8mg
Ritalin 40mg
Adderall 30mg
Tramadol 100mg
Percocet 10mg
Vicodin 500mg
Modafinil Nootropics
Ecstasy (Blue Androids)
Ketamine
MDMA
LSD
Fentalyn patches
Nembutal
Klonopin
Ativan
Seconal
Dilaudid
AMBIEN
Oxycontin
Percocet
Roxicodone
Valium
Adderall
Norco
Hydrocodone
suboxone
Cocaine
Dmt
Herion (white and brown)
truvada 200 mg-300 mg
subutex
watson 540
WATSON 325 10MG
WATSON 853 10MG
Norco
Ambien
DNP (2, 4-Dinitrophenol) 100 mg Capsules
METHADONE 10MG, 40MG WAFERSv
ACTAVIS PROMETHAZINE
Quaaludes - Methaquallone pills
Growth Hormones
Anabolic Steroid ETC
Overnight safe and secured delivery.
100% legit safe and secured..
We use FedEx,UPS,and Regular post to deliver to you with tracking number
available on your package upon shipment.
We deliver within the United States,Canada,Australia and Europe..
U.S.A and Canada buyers....Call/Text+1(929)900-5143
webpage. greenishpharma(dot)com
Place your order and contact us from the info above.
