SACRAMENTO, Calif. (CN) — Attorneys for Anton Paris, who was convicted in July of murdering a Sacramento County deputy, say they pulled an attacker off their client while visiting him in jail.
Paris had somehow angered a fellow inmate, who rushed him as he and his attorneys were in a jail hallway. Deputy public defenders Norman Dawson and Thomas Clinkenbeard intervened as they tried to pull the attacker away, calling for help.
That incident shows their client, who uses a wheelchair, is vulnerable and not dangerous, according to the attorneys. It’s information they want a jury to hear when they retry his case.
Wearing white and gray jail clothes, Paris appeared Friday in Sacramento County Superior Court where he learned prosecutors will retry the penalty phase of his case. The next hearing is set for April 4, with a tentative trial date of September.
“Frankly, there’s not always a lot of change,” Dawson said of the difference between the first and second trials.
Paris faces the death penalty or life in prison without the chance of parole for the 2018 shooting death of Deputy Mark Stasyuk and attempted murder of former Deputy Julie Robertson. After convicting Paris, jurors in August and September reconvened for a second, penalty phase trial. However, they deadlocked days after starting their deliberations.
After the mid-September 10-to-2 deadlock in favor of death, Dawson said waiting two months until Friday’s hearing gave prosecutors time to decide whether they wanted to continue to pursue death. The district attorney’s office declined comment on Friday, saying only that it will retry Paris’ case.
The retrial will have a new jury that won’t have the background initial jurors heard during the guilt phase. That means attorneys will retread much evidence already revealed in court.
Dawson estimated that the judge could decide motions about the trial by next August’s end. Jury selection could occur after Labor Day, with the trial starting in earnest by early October.
The prosecution likely would take one to two weeks presenting its case, with Paris’ attorneys taking three to four weeks.
During the hearing, Dawson mentioned the May 2022 assault of his client in jail, saying he’d subpoenaed records about the incident. It’s information like that — an attack on their client that shows his vulnerability — that Paris’ attorneys want jurors to hear before deciding his fate.
Defense attorneys showed the first jury similar information about Paris and his life experiences. Dawson and Clinkenbeard painted a picture of a smart, young teen who excelled at sports and school despite coming from a violent home.
However, that picture began to crack as Paris entered young adulthood and began to suffer from severe mental illness, his attorneys said. Paris suffered mental health episodes, at times leading to hospitalization.
During their deliberations, jurors in the first trial asked to hear more from attorneys about whether Paris was suffering from a mental health episode when he fatally shot Stasyuk at a mechanic.
Dawson told jurors his client had psychomotor agitation that day; his body moved manically, and he muttered as he walked through the business and moved his hands, evidence a doctor said indicated mental illness.
Omar Singh, the deputy district attorney, disputed that Paris had a mental illness when he killed a deputy, tried to kill another and then ran from the business to escape.
Witnesses had said Paris was calm when entering the store, but grew upset after hearing news he didn’t like.
Jurors heard that Paris began cursing about money and threatened to kill everyone in the store. Authorities were called, and Paris pulled a gun. After the fatal shooting, he ran from the scene and fired shots at other officers. Bullets struck Paris in the back and leg during a firefight, leading him to use a wheelchair.
“He tells you what his mindset is when he swears at them and shoots at them,” Singh told jurors in September. “Look at what Mr. Paris deserves.”
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