DA Seeks Death Penalty in Murrieta Stabbing

The mother of a Murrieta teen stabbed to death in December 2011 expressed approval of a recent decision by the Riverside County District Attorney to seek the death penalty against her accused killer.

Catherine Burke, mother of slain 18-year-old Saskia Burke, was on hand for a brief court appearance Friday by her daughter's alleged murderer, 19-year-old William Gary Simpson.

It was just four days after learning the DA would seek the death penalty against Simpson.

"We got the call Monday," Burke said, as she waited outside the courtroom Friday. "We were concerned that politically they would take it off the table."

Riverside County District Attorney Paul Zellerbach made the decision April 6, according to John Hall, spokesperson for the DA's office.

"He made that decision himself after looking at the evidence and speaking with senior staff," Hall told Patch.

Simpson sat in a red jail outfit behind a glass enclosure Friday at while Riverside County Superior Court Judge Timothy Freer confirmed the prosecution would seek the death penalty. The prosecution and defense agreed to keep a scheduled June 15 preliminary hearing in the case. The hearing is expected to last one day.

Members of Simpson's family were present Friday. They declined to speak with Patch about the possibility of him receiving the death penalty.

Hall said a special circumstance allegation against Simpson of committing murder in the commission of a burglary was one of a list of penal code charges that can qualify defendants for the death penalty.

Simpson is accused of breaking into the Burke's Milkwood Lane home early Dec. 20, 2011, Simpson also allegedly attacked Paul Burke, her father, and Connor McCormack, her boyfriend. Simpson lived with the Burke family from June 2010 to November 2010.

He was quickly identified as the suspect in the killing, and after a four-day law enforcement manhunt.

In an arraignment Jan. 13, Simpson to the charges.

"(Simpson) now has to be convicted of first-degree murder and the jury would have to also find the special circumstance to be true," Hall said.

He explained there are two parts to a death penalty trial: the guilt phase and the penalty phase. If the jury finds him guilty of both charges, it moves to the penalty phase, he said.

"The same jury will hear evidence factors from the prosecution, and the defense will produce mitigating factors of why he shouldn't receive the death penalty," Hall said.

Oftentimes, he said, the defense's argument has to do with the defendant's background, such as their mental health history and other contributing factors.

"It then has to be a unanimous vote by the jury that the person be put to death," he said. "If they can't come to a unanimous vote, the only other option would be life without the possibility of parole."

The judge then has legal authority to overturn their decision if he or she feels the jury did not make the right one, he said.

"That is extremely rare," Hall said.

With what could be construed as unconventional reasoning, Burke was hopeful the death penalty would prevail against Simpson.

"I have done extensive research on both sides," Burke said. "First and foremost, I want the death penalty because I do not want my children in 25 years to have to revisit any of this. When you are given life in prison without the possibility of parole there is always the chance that with our political system the way it is, it could be reduced. And then consequently in 25 to 30 years they will start having parole hearings and my children would have to go (to those hearings)."

The Burkes have two other children: a son in college and a daughter in middle school.

"As a mother I feel this has been enough. My children do not to deserve to have to ever revisit any of this ever again."

Burke fears if Simpson was sentenced to life without the possibility of parole, he would still be able to take phone calls from and have visits with his family. Death row prisoners do not get those privileges, she said.

There have been 13 executions of death row inmates in California since 1976, according to Deathpenaltyinfo.org, a website that tracks executions in the U.S. That is compared to 481 in Texas, the state with the most executions, according to the website.

California has the largest death row population in the U.S., the website reported. The last execution in the state was in 2006 under Gov. Arnold Schwarzenegger.

Since then, a state moratorium was placed on capital punishment while procedures are reviewed, an Internet search revealed.

"I want him to get the death penalty because I want him in a box," Burke said. "I don't want him to die soon. I want him to live a long time. Because to die, that's the easy way out and I don't get that option—that is what he has done to us. This box that we have been placed in because of Gary is an unfair place to live."

As for waiting for court proceedings to take their course, Burke said: "We have to do what we have to do. I don't really see a choice in it. Because it is all for Saskia."