[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)