[Deathpenalty] death penalty news----OKLA.

[Rick Halperin]

July 10



OKLAHOMA:

Broken Arrow brothers' arraignment delayed again as defense builds case against 
possible death penalty ---- The Bevers' defense is said to be building a case 
against the death penalty for the elder teenager.


2 teenage brothers who allegedly stabbed to death 5 family members in their 
Broken Arrow home last summer have been granted another court delay, which 
postpones a decision on whether the older brother could be sentenced to death 
if he's convicted.

The district court arraignment for Robert and Michael Bever, at which they will 
announce how they plead to 5 counts of 1st-degree murder and a count of assault 
and battery with intent to kill, was scheduled for Monday but is now set for 
Sept. 7.

Both brothers are expected to announce at the arraignment whether they want to 
contest their charges with a jury trial or waive that right and plead guilty or 
no contest.

District Attorney Steve Kunzweiler said Friday he has not decided whether his 
office will pursue the death penalty for 19-year-old Robert Bever.

Michael Bever's age - 16 at the time he allegedly participated in the stabbings 
- makes him ineligible for capital punishment. District Judge Sharon Holmes 
granted the delay after a private hearing with the attorneys on Thursday, 
according to court minutes.

This marks the 2nd time the defense teams have asked for the arraignment to be 
postponed as they seek information that could dissuade a jury or judge from 
imposing - or prosecutors from seeking - the maximum punishment.

If prosecutors don't pursue the death penalty, the maximum punishment for both 
brothers if they are convicted would be to spend the rest of their lives in 
prison.

The lesser punishment if they are convicted of 1st-degree murder is to be 
granted the option of being released on parole after serving 85 % of a life 
sentence, which is typically calculated at 45 years.

Kunzweiler said his decision on whether to pursue the death penalty will be 
announced before the arraignment.

\"I'm holding back on making that decision because the defense has requested an 
opportunity to present to me and my death penalty review team information they 
say they have that they believe would be important for me to take into 
consideration before we make a decision," Kunzweiler told the Tulsa World on 
Friday. "So I am respecting their desire to give me that information, and 
apparently they've had some difficulty gathering that information to present to 
me."

Part of the reason the defense has needed additional time is because 
information about the Bevers has been difficult to obtain, since the family 
seemed to have mostly kept to itself, Chief Public Defender Rob Nigh, who is 
representing Michael Bever, confirmed Friday.

Kunzweiler would not comment further about what kind of information the defense 
might be trying to obtain, and Nigh also declined to comment Friday.

Michael, who is now 17, and Robert are charged with murder in the July 22 
deaths of their parents - David Bever, 52; and April Bever, 44 - as well as 3 
younger siblings - Daniel, 12; Christopher, 7; and Victoria 5.

Their assault charges pertain to their 13-year-old sister, who was critically 
wounded in the attack.

The only other surviving member of their immediate family is their 2-year-old 
sister, who was found uninjured inside the home.

The surviving sisters have been placed in foster care, and the older sister is 
back in school, Kunzweiler said.

Details about the brutal killings were revealed in February at the brothers' 
preliminary hearing, where Broken Arrow police detectives testified that the 
brothers confessed to police they attacked their family to inaugurate a mass 
killing spree.

Detectives said the brothers told them they wanted to top other mass killers 
who have captured headlines and described their upbringing as somewhat 
isolated, growing up home-schooled with little social interaction outside the 
home and few known relatives beyond their immediate family.

The brothers have been held in the Tulsa Jail's medical unit, which has 
segregated cells, and an incident report recently revealed that Robert Bever 
attempted to commit suicide in his cell on June 17.

(source: Tulsa World)