Judge finds man guilty of first-degree murder, kidnapping
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Judge finds man guilty of first-degree murder, kidnapping
Wednesday, August 18, 1999
Associated Press
PUNTA GORDA - A man who waived his right to a jury trial was convicted
of
first-degree murder and kidnapping Tuesday in the 1996 killing and
mutilation
of a transient whose body was found in the woods.
Daniel Owen Conahan Jr. was found guilty in the death of Richard
Montgomery,
21, of Port Charlotte, who was tied to a tree, raped and then strangled.
A sexual battery charge against Conahan was dropped Monday after a
medical
examiner testified there were no signs of semen on Montgomery or trauma
to his
anus.
The penalty phase was scheduled for Sept. 13.
Conahan, 45, could choose to have Chief Judge William Blackwell as the
sole
arbiter in that phase as well, or he could request that a jury be
assembled to
recommend a sentence of life in prison or death in the electric chair.
Judges are not required to, but usually heed, a jury's recommendation.
"He hasn't indicated at this point what he's going to do," said deputy
court
administrator Ken Kellum.
Defense attorneys had said Conahan, who didn't think a fair jury could
be
assembled, cited extensive pre-trial media coverage in waiving his right
to a
jury trial.
Investigators have said Conahan, an unemployed nurse at the time of his
arrest,
had a penchant for picking up drifters to take nude photographs in the
woods
and a proclivity for sexual violence.
While Conahan was charged only in Montgomery's death, investigators have
linked
his death and four others to a serial killer who preyed on drifters
since 1994.
Most were naked, with strangulation marks around their necks. Rope
grooves were
discovered on nearby trees.
The last body was discovered April 17, 1996, in Charlotte County when a
government employee found a severed human head in the woods.
Conahan has repeatedly denied killing anyone. His defense attorney, Mark
Ahlbrand, said a bad back made Conahan incapable of committing the
crimes.
But prosecutors presented forensic evidence from a paint chip and fibers
that
they said proved he committed at least the Montgomery slaying.
They also called Stanley Burden, who testified Conahan tied him to a
tree in
the woods and attempted to strangle him in 1994.
---------------------------------------------------------------
The following appears courtesy of the 8/18/99 online edition of The
Ft. Myers
News-Press newspaper:
Man guilty in sex slaying
By EILEEN KELLEY
The News-Press, 08/18/99
PUNTA GORDA — An unemployed nurse remained straight-faced Tuesday when a
judge
found him guilty of the first-degree murder and kidnapping of a
21-year-old
drifter.
Daniel O. Conahan, 45, faces death in Florida’s electric chair or life
in
prison for killing Richard Montgomery on April 16, 1996. His fate could
be
decided as early as next month.
“I told you God was in control,” said Mary West, Montgomery’s mother.
On the first day of the trial Aug. 9, Conahan — against advice of at
least one
of his two attorneys — opted against having a jury trial and let Judge
William
Blackwell decide his case.
For the penalty phase of the trial, Conahan can elect to have a jury
decide
whether he should be put to death or spend his life behind bars. The
sentencing
phase of the trial will begin the week of Sept. 13.
A jury sentencing could take weeks, said Mark Ahlbrand, the lead defense
attorney.
Ahlbrand said the verdict — which Blackwell reached 15 minutes after
closing
statements Tuesday — did not surprise him or his client.
Throughout the week, Ahlbrand and Punta Gorda attorney Paul Sullivan
tried to
discredit a handful of the state’s 38 witnesses, including two inmates —
one
who killed a man and another who raped a 12-year-old boy — as well as
the
testimony of Montgomery’s mother.
Conahan, questioned on the witness stand for one hour Tuesday, denied
ever
meeting Montgomery but admitted he had a bondage fetish.
“Obviously the judge believed everyone but him, including a convicted
murderer,” Ahlbrand said.
Bob Lee, the state’s lead prosecutor, was pleased with the verdict and
is
seeking the death penalty for Conahan.
Conahan has been in jail since July 1996, three months after he lured
Montgomery into a wooded area of Charlotte County to pose nude, tied him
to a
tree and killed him.
After his death, Conahan sexually mutilated Montgomery to eliminate any
DNA
evidence, prosecutors argued.
But a clue was left behind.
A metallic blue paint chip — identical in nature and color to a chip
missing
from a car owned by Conahan’s late father — was found in Montgomery’s
pubic
hair.
Prosecutors on Tuesday hammered away at the paint chip and fibers, the
latter
thought to be from the bedroom of the home Conahan shared with his
parents in
Punta Gorda Isles.
“I would suggest to the court an improbability of innocent explanation
of that
type of fiber evidence,” said Prosecutor Jerry Brock.
Conahan showed little emotion throughout the trial, although he cried at
one
point last week when his ex-lover — who has AIDS — testified of the
accused’s
bondage fantasy.
Both of Conahan’s parents are dead, and for an entire week, his elderly
aunt,
Jane “Betty” Wilson, sat in the front row and listened to the lurid
details of
Montgomery’s death and other evidence building against her nephew.
At times during the trial, Conahan would turn and ask his aunt, who came
from
Fort Lauderdale, whether she was OK. On occasion, he would reach back
and clasp
her hands to warm them.
Tears welled in Wilson’s eyes after the verdict.
“The biggest problem with death row is you are all alone. But remember,
he
knows the Lord now,” George Hauck, a spiritual adviser to Conahan, told
Wilson.
Hauck said he has visited Conahan twice weekly since Conahan was placed
behind
bars.
Before being led out of the courtroom, Conahan looked back at his aunt
and told
her he’d call her over the weekend.
“OK. Good. Good,” Wilson said.
At the time Montgomery’s body was discovered under a discarded piece of
carpet
padding, law enforcement officers were investigating the serial killings
of
five drifters whose bodies were found in wooded areas of Charlotte and
Sarasota
counties.
Montgomery’s was the last body to be discovered, the same day the skull
of
Kenneth Smith of Naples was found.
Blackwell said Monday he would not take into consideration any testimony
about
Smith. But depending on the outcome of a sentencing hearing, law
enforcement
officers may continue their investigation of links between Conahan and
the
other men.
“We’re not totally stopping the investigation,” said Jim Myers of the
Florida
Department of Law Enforcement.
Less than three months after Montgomery’s body was found, Conahan was
arrested,
but only on charges that he attempted to kill a Fort Myers drifter,
Stanley
Burden, two years earlier.
Burden and a hospital worker testified last week that Burden arrived at
Lee
Memorial Hospital on Aug. 15, 1994, with distinguishable marks — thought
to
have been made from clothesline — around his neck. He said a man named
Dan from
Punta Gorda tried to kill him.
Burden later identified Dan as Conahan. He testified that he realized
the
agreement he made with Conahan to pose nude with progressive bondage
scenes was
a mistake when the ropes tightened around his neck.
Burden said he finally escaped after Conahan gave up trying to strangle
him
after about 30 minutes.
The charges of attempted murder, kidnapping and sexual battery were
dropped
after Conahan was indicted by a grand jury for the death of Montgomery.
------------------------------------------------------------
The following two news articles appear courtesy of the 8/18/99 online
edition
of The Port Charlotte Sun-Herald newspaper, via the APBonline News
Service,
located at http://www.apbonline.com:
Conahan Convicted of Hog Trail Murder
Judge Deliberated Only 25 Minutes
Aug. 17, 1999
By Mike Nemeth
(APBNews.com) -- It took a judge only 25 minutes today to convict
suspected
serial killer Daniel Conahan Jr. in the strangling death of Richard
Montgomery.
Conahan stood stoically as the verdict was read. The victim's family
embraced
as the judge adjourned court.
"I'm just so glad that no one else will have to suffer what he suffered
and
what we've been through," said Mary West, the victim's mother. The
victim's
older brother, Dan Montgomery, added, "At least it's a little bit of
closure."
Judge William Blackwell, chief judge of the 20th Judicial Circuit, found
Conahan guilty of first-degree, premeditated murder and kidnapping. He
dismissed a charge of sexual battery.
Could get electric chair
Conahan, 45, of Punta Gorda, faces either life imprisonment or the death
penalty in Florida's electric chair. His sentencing hearing begins Sept.
13.
Prosecutors have said Conahan lured the 21-year-old Montgomery to the
woods
April 16, 1996, by offering to pay him about $100 to engage in a nude
photo
shoot that included progressive bondage. Once in the woods of northern
Charlotte County, they said, Conahan tied Montgomery to a tree, raped
and
strangled him.
Conahan is suspected of killing four other men, whose bodies have been
discovered in the woods since 1994, but he has only been charged in
Montgomery's murder.
Blackwell rendered his verdict after prosecutor Bob Lee outlined the
breadth of
the state's evidence in his closing arguments. Last week, Conahan waived
his
right to a jury trial; his attorneys cited pretrial publicity.
Forensic testimony
Monday, forensic scientists testified that fibers from Conahan's car,
his
father's car and his home were discovered at the crime scene in northern
Charlotte County. An expert said that a paint chip that matched
Conahan's
father's Mercury Capri was found in the victim's pubic hair.
Last week, Stanley Burden testified that Conahan tried to kill him in
1994 by
tying him to a tree and strangling him.
Conahan took the stand this morning, admitting that he solicited Burden
for
oral sex in 1994 but denying that he tried to strangle him. He also
denied ever
meeting Montgomery.
"I have fantasized about bondage," Conahan said. "But that is not my
only
fantasy."
During closing arguments, Lee attacked Conahan's testimony that bondage
is one
of his fantasies. Conahan's other fantasy, according to Lee, is
following the
bondage with murder.
Rope, pliers and a razor-sharp knife
Lee also referred to the testimony of Conahan's former cellmate, John
Neuman,
who said Conahan told him Montgomery was his mistake. He also referred
to
testimony from Montgomery's former roommate, Robert Whittaker, who said
Conahan
once came to his trailer looking for Montgomery. Lee also argued that
the day
Montgomery disappeared, Conahan stopped at a Punta Gorda Wal-Mart for
rope,
cutting pliers, a razor-sharp knife and Polaroid film.
Conahan had agreed to pay Montgomery more than $100 for the photo shoot,
but
Lee said Conahan only withdrew $40 from an automated-teller machine that
afternoon, knowing only one man would emerge from the woods.
Mark Ahlbrand, Conahan's lead attorney, tried to discredit Neuman, who
was
facing murder charges, saying he lied to earn a lighter prison sentence.
And
Burden, who is serving time in Ohio on child-molestation charges,
admitted to
being a habitual liar and testified that he would mention his assistance
in the
Conahan case when he's up for parole in 2002, Ahlbrand argued.
Ahlbrand also argued that Montgomery hadn't really told his mother he'd
met
Conahan or been offered money for nude photos. West testified she told
detectives about the conversation with her son, but Ahlbrand said it
wasn't
reflected in the transcripts. West said it must have happened during the
part
of the transcripts that says "inaudible."
Ahlbrand said none of the fibers found at the crime scene were unique
enough
for experts to say they definitely came from Conahan's property.
'Never surprised with a verdict'
After the verdict, Ahlbrand said, "I'm never surprised with a verdict.
I'm
always disappointed with an adverse verdict."
Of Blackwell's prompt decision, Ahlbrand said, "I would be concerned
with a
jury reaching a verdict in a half-hour because that would suggest they
spent
little time in deliberation. I'm convinced [Blackwell] began
deliberating to
some extent throughout the trial, which is what I'd expect a judge to
do."
Conahan's other attorney, Paul Sullivan, said Conahan could choose
whether the
penalty phase of his trial happens before a jury or before Blackwell
alone.
Sullivan said he would talk it over with Conahan.
Mike Nemeth is an APBNews.com correspondent in Port Charlotte, Fla.
------
08/18/99
Conahan convicted of murder
Suspected serial killer to get life or death for slaying
PUNTA GORDA -- It took a judge only 25 minutes Tuesday to convict
suspected
serial killer Daniel Conahan Jr. in the strangling death of Richard
Montgomery.
Conahan stood stoically as the verdict was read. The victim's family
embraced
as the judge adjourned court.
"I'm just so glad that no one else will have to suffer what he suffered
and
what we've been through," said Mary West, the victim's mother. The
victim's
older brother, Dan Montgomery, added, "At least it's a little bit of
closure."
Judge William Blackwell, chief judge of the 20th Judicial Circuit, found
Conahan guilty of first-degree, premeditated murder and kidnapping. The
judge
dismissed a charge of sexual battery Monday.
Conahan, 45, of Punta Gorda, faces either life imprisonment or the death
penalty in Florida's electric chair. His sentencing hearing begins Sept.
13.
Prosecutors have said Conahan lured the 21-year-old Montgomery to the
woods
April 16, 1996, by offering to pay him about $100 to engage in a nude
photo
shoot that included progressive bondage. Once in the woods of northern
Charlotte County, they said, Conahan tied Montgomery to a tree, raped
and
strangled him.
Conahan is suspected of killing four other men whose bodies have been
discovered in the woods since 1994, but he has only been charged in
Montgomery's murder.
Blackwell rendered his verdict after prosecutor Bob Lee outlined the
breadth of
the state's evidence in his closing arguments. Last week, Conahan waived
his
right to a jury trial; his attorneys cited pretrial publicity.
Monday, forensic scientists testified that fibers from Conahan's car,
his
father's car and his home were discovered at the murder scene in
northern
Charlotte County. Moreover, an expert testified that a paint chip that
matched
Conahan's father's Mercury Capri was found in the victim's pubic hair.
Last
week, Stanley Burden testified that Conahan tried to kill him in 1994 by
tying
him to a tree and strangling him.
Also last week, West testified that her son -- just a few weeks before
he died
-- told her he'd met a new friend named Conahan and that someone offered
him
$200 for a nude photo shoot. Montgomery refused to tell her who made the
offer,
West testified.
Conahan took the stand Tuesday morning, admitting that he solicited
Burden for
oral sex in 1994, but denying that he tried to strangle him. He also
denied
ever meeting Montgomery.
"I have fantasized about bondage," Conahan said. "But that is not my
only
fantasy."
Prosecutors said that Conahan tried to kill Burden in 1994, but after 30
minutes of trying to strangle him, gave up.
"Stanley Burden is a near carbon copy of Richard Montgomery," Lee said
during
final arguments. Lee has said that Conahan was attracted to thin,
muscular men
who are transients or hitchhikers from the Midwest and have average or
below-average intelligence.
During closing arguments, Lee attacked Conahan's testimony that bondage
is one
of his fantasies. Conahan's other fantasy, according to Lee, is
following the
bondage with murder.
Unable to kill Burden, Lee said, Conahan would fulfill his "dark
fantasy" two
years later.
"It was ultimately, terribly completed, consummated and satisfied in
1996 with
the murder of Richard Montgomery," Lee said.
Lee also referred to the testimony of Conahan's former cellmate, John
Neuman,
who said Conahan told him Montgomery was his mistake. He also referred
to
testimony from Montgomery's former roommate, Robert Whittaker, who said
Conahan
once came to his trailer looking for Montgomery. Lee also argued that
the day
Montgomery disappeared, Conahan stopped at a Punta Gorda Wal-Mart for
rope,
cutting pliers, a razor-sharp knife and Polaroid film.
Conahan had agreed to pay Montgomery more than $100 for the photo shoot,
but
Lee said Conahan only withdrew $40 from an ATM that afternoon, knowing
only one
man would emerge from the woods.
Mark Ahlbrand, Conahan's lead attorney, tried to discredit Neuman, who
was
facing murder charges, saying he lied to earn a lighter prison sentence.
Furthermore, Burden, who is serving time in Ohio on child-molestation
charges,
admitted to being a habitual liar and testified that he would mention
his
assistance in the Conahan case when he's up for parole in 2002, Ahlbrand
argued.
Ahlbrand also argued that Montgomery hadn't really told his mother he'd
met
Conahan or been offered money for nude photos. West testified she told
detectives about the conversation with her son, but Ahlbrand said it
wasn't
reflected in the transcripts. West said it must have happened during the
part
of the transcripts that says "inaudible."
Ahlbrand said none of the fibers found at the murder scene were unique
enough
for experts to say they definitely came from Conahan's property.
Prosecutors said Conahan cut out Montgomery's genitals because, being a
nurse,
he knew if he left them intact, investigators would find his saliva on
them and
catch him with DNA.
However, Ahlbrand said a more likely scenario would be punishment --
perhaps
from a "jilted lover" getting back at him.
After the verdict, Ahlbrand said, "I'm never surprised with a verdict.
I'm
always disappointed with an adverse verdict."
Of Blackwell's prompt decision, Ahlbrand said, "I would be concerned
with a
jury reaching a verdict in a half-hour because that would suggest they
spent
little time in deliberation. I'm convinced he began deliberating to some
extent
throughout the trial, which is what I'd expect a judge to do."
Conahan's other attorney, Paul Sullivan, said Conahan can choose whether
the
penalty phase of his trial happens before a jury or before Blackwell
alone.
Sullivan said he would talk it over with Conahan.