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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Sept. 21, 1994)
Bjorklund Sentencing Wednesday, September 21, 1994 Page 3 Bjorklund likely to file appeals By Matthew Woody Senior Editor Roger Bjorklund has become the newest resident on death row at the Nebraska State Penitentiary. Lancaster County District Judge Donald Endacott sentenced B jorklund to death on Tucs day. nearly two years after he killed Candice Harms. But it will probably be much longer than two years before his sentence is carried out, said Nebraska Assistant Attorney General J. Kirk Brown. Bjorklund, who was taken to the penitentiary directly from the courthouse after his sentenc ing. has a long, eight-step appeals process to exhaust before he can be executed. Brown said. The attorney general’s office will begin pre paring immediately for a mandatory appeal — the first stage of that process. Brown said. That appeal is required by state law. During that stage, Bjorklund wil I bring up any issues he believes may have improperly influenced his sentence. Brown said. Even if Bjorklund wanted to be executed immediately. Brown said, he couldn't be killed until the Nebraska Supreme Court confirms his death sentence. Bjorklund and his lawyers have 30 days to file a notice for this appeal. Brown said. After that they have 60 days to file their briefs. State attorneys have an additional 30 days to file their own briefs. After all briefs have been filed, a date must be set for arguments. The entire mandatory direct appeal process will take between six months and one year. Brown said. If the court finalizes the sentence. Brown said. Bjorklund has seven more rounds of ap peals: • Bjorklund can file a petition for a writ of certiorari, asking the U.S. Supreme Court to review the case. • He can initiate a state-level post-convic tion action, at which he can raise constitutional questions or issues that he didn't have the op portunity to bring up at the direct appeal. Brown said that if Bjorklund had not won an appeal at this point, he might hire new lawyers, arguing (hat nis lack of success was caused by ------ their inabilities. • Bjorklund can appeal to the Nebraska Supreme Court, which is the final appeal at the state level. • He can again ask the U S. Supreme Court to review his case. • Bjorklund can file for a writ of habeas corpus in Federal District court, bringing forth issues about his federal constitutional rights. • He can appeal to the federal appellate court, the 8th U S. Circuit Court of Appeals, based in St. Louis. • He can petition the U S. Supreme Court one more time to review the ease. Fred Holbcrt, a University of Nebraska-Lin coln associate professor of criminal justice, said there were two issues Bjorklund would likely raise during his appeals: the behavior of Judge Endacott and possible preferential treat ment for Harms' co-murderer, Scott Barney, who was sentenced to life in prison. “Even though Barney admitted his guilt and provided information, they (he and Bjorklund) still participated equally in the crime,” Holberl said. Gerik Parmele/DN Lancaster County Attorney Gary Lacey Is surrounded by photographers and reporters at the County-City Building Tuesday morning. Lacey prosecuted the case against Roger BJorklund, who raped and murdered UNL freshman Candice Harms. Roger Bjorklun^ Case in review Sept. 22,1992 Candice Harms leaves her boyfriend's apartment and never returns home. Police begin a 12 week search for the University of Nebraska-Lincoln fresh man. ■ Dec. 6,1992 Harms is found after Scott Barney confesses and leads police to her body. She is found in a field south east of Lincoln. Police learn Barney and Bjorklund abducted, raped and tortured Harms before killing her with a bullet to the head. ■ Nov. 17,1993 A 12-member jury from Sidney finds BJorklund guiity of first-degree murder after afour-week trial. Tes timony reveals the dime fulfilled what prosecutors described as a sex fantasy for Barney and BJorklund. ■ Sept. 20,1994 Lancaster County District Judge Donald lindacott sentences Bjorklu nd to die in the electric chair, after numerous motions for a new trial were overruled. BJorklund was taken to death row at the Nebraska State Penitentiary. Bjorklund Continued from Page 1 reasonable doubt that three of eight aggravat i ng ci rcu msta nces exi s ted: • Bjorklund had a substantial his tory of serious assaultive or terroriz ing activity. • He committed the murder to con ceal the crime and his involvement in it • The murder was especially hei nous. atrocious and cnicl. Endacott said the third aggravating circumstancc alone was enough to jus tify the death sentence. “Candice Harms, only 18 years old. chosen at random, cold, naked, help less. humiliated, subjected to extreme pain, uncertain as to her fate through out those nightmare hours, must have been filled with fear and terror beyond imagining." he said Endacott said Bjorklund's lawyers established only one of seven mitigat ing circumstances. They showed that atlhctimcofthccrimc. mental illness impaired Bjorklund's ability to ap Krcciatc the wrongness of the crime, esaid. • And Endacott said the death pen alty was not excessive or dispropor tionate. Bjorklund has argued (hat he should not receive the death penalty because his accomplice. Scott Barney, was sentenced to life in prison. But Endacott said (he state agreed to not seek the death penalty against Barney in a plea agreement. Barney gave police information about the murder, led authorities to Harms’ body and plead guilty to first-degree mur der. Bjorklund did not try to provide information about the murder in ex change for a plea agreement, he said. Sentence suits Bjorklund jurors By Nick Wlltgen Staff Reporter Four Cheyenne County jurors re turned to Lincoln Tuesday to witness the final chapter ofa two-year story in which they played a cnicial role. Last November, the four were mem bers of the jury that found Roger Bjorklund guilty of first-degree mur der in the September 1992 abduction, rape and murder of Candice Harms. Tuesday, they watched as Lancaster County District Judge Donald Endacott sentenced Bjorklund, Jury foreman Roxanne Born of Sidney and jurors Janet Volknicr. Katherine Buttle and Cheryl Weiscr traveled together to attend the sen tencing. “People asked why we came.” Born told the Daily Nebraskan. “We thought it would give us some closure. We just wanted to know what the outcome was.” Doug Smith, speaking from his home in Cheyenne County, said he thought in this ease the penalty suited the crime. “That is just what I was hoping he’d get,” he said. “That’s what he deserves. 1 don’t know why it took so * DN graphic long to get it done; they should’ve done it a year ago.” Born said jurors didn't consider a possible death sentence when they deliberated the verdict last Novem ber. “He was really given a very fair chance, I think.”