West Jordan • A Utah man facing multiple capital murder charges for an alleged fatal, room-to-room shooting spree inside a Midvale home in 2013, can't get a fair trial unless the jury empaneled includes those that both favor and oppose the death penalty, his defense attorneys argued Wednesday.
Attorneys for David Fresques want a judge to bar Salt Lake County prosecutors from seating a "death qualified" jury — one that only includes individuals who believe the death penalty must be imposed on a murder conviction.
Such a jury would violate Fresques' state and constitutional rights, because it would exclude a representative cross-section of the community who value individual rights, may oppose the death penalty or are skeptical about criminal justice system processes, defense attorney Tawni Hanseen told 3rd District Judge Bruce Lubeck.
"Studies have shown that death qualification strikes people from juries with views that encompass something much larger … that encompasses their adamant views about the criminal justice system," Hanseen said. "Those in favor [of the death penalty] are what we call crime control people, who have strongly held values that crime control is the most important part of the criminal justice system."
Deputy Salt Lake County District Attorney Robert Stott dismissed Hanseen's studies as "insufficient" and said the courts have ruled that the "cross-section" community standard applies only to the jury pool, not to the group selected to consider the case. Further, Stott said, the constitutionality concern can only be applied to cases that have already been adjudicated.
"Mr. Fresques hasn't even had a trial yet, so there's no way he can show that," Stott said.
Wednesday's hearing was the first in a series of three set aside this month for oral argument on some 35 pending defense motions. Among the other issues set for debate: How best to question the jury pool; limits on victim impact testimony; barring testimony about Fresques' other alleged crimes; barring Fresques' prison disciplinary record; and removing the death penalty as a sentencing option. The next hearings in the case are set for Dec. 10 and 17.
Fresques, 27, has pleaded not guilty to three counts of first-degree felony aggravated murder and one count of first-degree felony attempted aggravated murder in connection with the Midvale shootings that left three people dead and one wounded on Feb. 12, 2013.
In March, prosecutors declared their intent to seek the death penalty for Fresques.
A four-week trial is scheduled for March 2015.
On Monday, Lubeck said he planned to take all of the arguments under advisement and would issue written ruling on each motion at a later date.
Prosecutors contend Fresques, pistol in hand, went on a cold-blooded, room-to-room killing spree, that left Omar Jarman, 35, Danielle Lucero, 26, and Shontay Young, 34, all lying dead in pools of blood.
An alleged motive for the killings remains unclear, however witnesses who testified at a preliminary hearing earlier this year suggested that the shooting may have been a homicidal conclusion to a string of petty grievances.
Fresques may have thought that Jarman was a snitch; and he purportedly disliked Young because she was black. Why he shot Lucero, or Vickie Myers, the lone survivor of the alleged shootings remains unclear.
Prior to the slayings, Fresques' criminal history included charges in 3rd District Court ranging from assault and robbery to theft by deception and forgery.
jdobner@sltrib.com
Shontay Young, 34, was one of three people killed in Midvale. Courtesy of Young family
Courtesy photo Omar Paul Jarman was killed in a triple homicide in Midvale.
Danielle Lucero. Courtesy Lisa Silva