The daily Nebraskan. ([Lincoln, Neb.) 1901-current, April 13, 1994, Page 6, Image 6

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Continued from Page 1
restrictive environment at Madonna Rehabili
tation Center.
Baldwin answered the telephone at
Davidson’s house Tuesday night. Davidson
said Baldwin had been allowed to visit her
home on occasion, but he couldn’t stay for
extended periods of time.
Davidson told the Daily Nebraskan Tuesday
evening the ruling was a positive sign lor
Baldwin’s future.
“It will be much better for Scott and I, she
said. “Living in an institution for over two years
is difficult for anybody.
“I think it will be really nice that he can have
somewhat of a normal life where he can come
home.” .
Davidson, who has known Baldwin lor live
years, said the lack of true information publi
cized about Baldwin had been lrustrating
throughout the ordeal. He is not a danger to the
public, she said.
“His balance is not real good right now. she
said. “The scare of him beating me up, which is
what the prosecution says, is almost an impos
“If Scott were to take a swing at me, he
- (i
I think it will be really nice
that he can have somewhat
of a normal life where he
can come home.
— Davidson
Baldwin’s girlfriend
--tf -
would fall out of his chair ,” Davidson said. “He
is not a real threat to me or anyone else.”
Lancaster County Attorney Gary Lacey,
who has prosecuted the entire case, refused to
comment Tuesday night.
During previous hearings, Lacey said the
independence plan presented for Baldwin was
too vague.
“They have a plan that is so vague and
imprecise ... it is not consistent with public
safety,” Lacey said during the March 31 hear
Merritt said his ruling also required Baldwin
to undergo counseling sessions twice a week
and physical therapy once a week. Merritt said
Baldwin also must take medication and under
go frequent testing by the regional center.
Open forum to focus on parking
From Staff Reports
A proposed parking garage and Ihe recent
increase in parking feesat UNL will be the focus
of ASUN’sopen forum tonight.
Roland Pinto, a Universi
ty of Nebraska-Lincoln
sophomore, said he and
members of the Residence
Hall Association had orga
nized a protest against the
100 percent increase in
parking permit fees and
were expecting at least 100 people at the meet
ing tonight.
Pinto said the lack ofpublicity about a recent
Parking Advisory Committee meeting where
the increase was discussed wasn t lair to stu
"We need an opportunity to give our input,"
Pinto said. “We’re not here to have the umver
sity sneak fees by us.”
Andrew Loudon, president of the Associa
tion of Students of the University of Nebraska,
said he took calls from many students Tuesday
and was expecting many students protesting the
price increase.
Loudon said Ken Caublc, UNL police chief,
also would attend the meeting to discuss the
issue of safety in and around the proposed
parking garage. Paul Carlson, associate vice
chancellor for business and finance at UNL, is
scheduled to speak on the positive aspects of the
Loudon said no legislation dealing with
either parking issue was planned for tonight’s
meeting, but a bill could be brought up on
emergency status.
He said Kristi Weinberger, an ASUN sena
tor who also is a member of Alpha Phi Sorority,
neighbor of the proposed garage, opposed the
plan in concern for safety.
Continued from Page 1
Endacott, a Detroit native who was appoint
ed by former Gov. Charles Thone to the district
judge position in 1979, has presided over a
handful of first-degree murder cases.
He graduated Phi Beta Kappa from the
University of Kansas in 1955 and from Harvard
Law School in I960, after serving as a Marine
Corps officer.
As a district judge, Endacott was assigned to
many civil cases. But in first-degree murder
cases, he has both served as part of a three-judge
sentencing panel and determined sentences
alone. None of those cases received the amount
of press coverage the Bjorklund case has at
Previous cases
According to Lincoln Journal-Star and As
sociated Press reports, some of Endacott’s pre
vious decisions include:
• Asa Carter. Carter was sentenced on Aug.
6,1993, to life in prison for raping and suffocat
ing 9-year-old Neomi Lilly. A three-judge pan
el, including Endacotl, determined that while
Lilly’s death was “especially cruel or heinous”
— an aggravating circumstance — it did not
warrant a death sentence, because it was not as
cruel as other murders committed by those
sentenced to death in Nebraska.
• Larry Young. Endacott sentenced Young
to life in prison on March 8,1988, for the April
1987 shooting of Sharon McCollough. Young
pleaded guilty to the murder and the stale, in a
plea bargain, did not seek the death penalty.
• Herman Buckman. Buckman was sen
tenced to life in prison on March 2, 1989, for
killing Denise Stawkowski. Prosecutors intro
duced two aggravating circumstances in an
effort to get the death penalty: Buckman’s prior
criminal history and the fact he committed the
murder to conceal a crime or the perpetrator of
the crime.
Endacott said the motive was ambiguous.
Other factors he considered were Buckman’s
role as a father and husband before he got
involved with drugs and that Stawkowski did
not suffer long, dying immediately after being
• Stanley Ruylc. Ruylc was sentenced to life
in prison for the arson-related death of Robert
Scott in August 1987. Endacott was part of a
three-judge panel that determined that Ruylc’s
age should favor a life sentence rather than
death. Defense attorneys said Ruylc. 29, was
mildly retarded and operated at the emotional
level of a l()-ycar-old.
• Marvin Searles. On Aug. 27,1982, Searles
was sentenced to life in prison for killing Peggy
Ann Baker, who was stabbed in the chest with
a butcher knife. Searles and Baker lived at the
Organized Unit Responsibility home for the
psychiatrically disabled.
Endacott and two otherdistrict judges on the
sentencing panel concluded Searles’ capacity
to appreciate the wrongfulness of his conduct
was “sufficiently impaired as a result of mental
illness and defect.”
• Cornelius Blackbonncttc. Blackbonnettc
was sentenced on Aug. 24. 1982, to life in
prison after pleading guilty to the first-degree
murder of Bessie Irvine. Endacott ruled that
although the murder was committed to conceal
Black bo nne tie's identity, an aggravating cir
cumstance, mitigating lactors outweighed it.
The |udge cited Blackbonnettc's intoxica
tion at the time of the murder and the defen
dant’s previous record of good character.
Blackbonnettc was a decorated Vietnam veter
an who served in the U.S. Navy. His only prior
felony conviction had been for lraudulent use
of a credit card.
Endacott also noted the 87-year-old wom
an’s death was not a “lingering, agonizing
death” and that no sexual abuse was involved.
One district judge from Red Cloud, who
worked with Endacott on the three-judge sen
tencing panel for the Ruyle case, commended
Endaeott’s work on the panel.
“I enjoyed working with him,” Bernard
Sprague said. “He was very well-organized and
professional in his approach, and he led a
number of our discussions. He did a good job.”
Sprague said the uniqueness of each first
degree murder case demanded a lengthy weigh
ing of each aggravating and mitigating circum
Key circumstances
Since the conclusion of Bjorklund’s pre
scnlcncing hearing on March 24, Endacott has
been doing just that to determine whether the
death penalty is appropriate in Bjorklund’s case
according to Nebraska law.
Defense attorneys arc arguing a number ol
mitigating factors, including the unconstitu
tionality of the death penalty, sexual abuse
Bjorklund faced as a child and his roles as a
earing husband and father.
Bjorklund’s attorneys also maintain the death
penalty would be unfair, because prosecutors
are not seeking the death penalty against Scott
Barney, the other man convicted in Harms’
Prosecutors are arguing Harms’ murder was
especially heinous, that Bjorklund has a prior
record of assaultive criminal behavior and that
the murder was committed to conceal the iden
tity of the perpetrators.