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On
August 17, after just 25 minutes of deliberation, Judge William
Blackwell found Daniel Conahan Jr. guilty of first-degree
premeditated murder and kidnapping. Conahan stood stoically as
the verdict was read aloud. The victim's family embraced as
the judge adjourned the court.
"I'm
just so glad that no one else will have to suffer what he suffered
and what we've been through," said Mary West, the victim's
mother. The victim's older brother, Dan Montgomery, added, "At
least it's a little bit of closure."
Outside
the courtroom, Ahlbrand told reporters, "I’m never surprised
with a verdict. I’m always disappointed with an adverse
verdict. I’m convinced Judge Blackwell began deliberating to some
extent throughout the trial, which is what I’d expect a judge to
do."
Conahan’s
other attorney, Paul Sullivan, said it was up to Conahan to choose
whether the penalty phase of the trial would go before a jury or
whether he would let Judge Blackwell decide his fate. Conahan,
in what he felt was a wise move on his behalf, decided to choose a
penalty trial by jury.
On
August 24, 1999, pointing to extensive newspaper and television
coverage of his murder trial, Conahan asked Judge Blackwell for a
change of venue due to intense media coverage of the case.
"Their
coverage included much discussion that Mr. Conahan was a suspect in
a number of murders for which he has not been tried," attorney
Paul Sullivan wrote in his motion to Chief Circuit Judge William
Blackwell. "There has been extensive television coverage of Mr.
Conahan's trial, including references to his being suspected of
being a serial killer."
On
September 3, 1999, Judge Blackwell ruled that Conahan’s penalty
hearing would be postponed and moved to the Collier County
Courthouse, approximately 60 miles to the south in Naples, Florida.
Instead of beginning Sept. 13 at the Charlotte County Justice
Center, Conahan's penalty hearing would start on November 1.
During the penalty hearing, jurors would listen to reasons for and
against executing Conahan. The hearing was expected to last
approximately five days after jury selection.
In mid
October Conahan argued that lawyers Paul Sullivan and Mark Ahlbrand
failed to give him an adequate defense in his murder trial. He
said they did not argue that a sheriff's investigator altered
witness statements and they did not point out that one of the
state’s witnesses committed perjury.
"The
bottom line is a 25-minute defense with me testifying ... was not a
defense," Conahan told the judge. "This is a
life-and-death situation ... I was misled as to how they were going
to handle my case."
Nevertheless,
Judge Blackwell found that Ahlbrand and Sullivan provided an
adequate defense and informed Conahan that if he chose to fire them,
he was on his own. Conahan, after a brief meeting with his
attorneys, informed the judge that he would retain his lawyers after
all. Conahan's motion was the second in which he petitioned to
fire his attorneys. He filed a similar motion about a year
prior but withdrew it after meeting with his attorneys.
"I
do not have the expertise, unfortunately, to represent myself,"
Conahan said. "And therefore, against my wishes and my better
judgment ... I am pretty much forced into keeping Mark Ahlbrand and
Paul Sullivan."
By the
end of October, Conahan proclaimed to anyone who would listen that
he had found God in prison. "Being born again saved my
life," Conahan said from Charlotte County Jail.
"If
they think giving me the death sentence is the ultimate punishment,
in my case, they are wrong. ... They can put me to death, but they
are going to be judged, and it won't be by their buddies,"
Conahan said.
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