LOCAL/STATE *Schmitz convicted of lesser murder charge The Michigan Daily - Wednesday, November 13, 1996 - 5 Senate rejects vote on assisted suicide PONTIAC (AP) - In a -case that focused on "ambush television," a "Jenny Jones Show" guest was convict- ed yesterday of murder without pre- meditation for shooting a gay man who revealed a crush on him during a taping. But jurors spared Jonathan Schmitz from life behind bars without parole by convicting him of a lesser second- degree murder charge, rather than the first-degree murder conviction sought by prosecutors. Juror Joseph Wurm said delibera- tions concentrated almost entirely on Schmitz's state of mind the morning he hot Scott Amedure. Schmitz shot his gay admirer three days after Amedure revealed a crush on him during a March 9, 1995 taping of the talk show. The show never aired, but was shown in court. "It was clear from the prosecution's case there was a dead man and Jonathan did the shooting, so what was the indi- vidual's state of mind?" Wurm said. Jurors said a majority had favored a *irst-degree murder conviction after their first day of deliberations Friday, but the three-day break gave them more time to think about it. The case had focused on "ambush" television, and Schmitz's lawyers argued that the show misled him into believing he was going to meet the woman of his dreams. They said he was publicly ambushed and humiliated when his secret admirer turned out to be man. That, coupled with his history of depression, a thyroid ailment and other problems, left him mentally incapable of forming the intent to. commit first- degree murder, his lawyers said. But Wurm said jurors were swayed most by emotional testimony from Schmitz's father about his son's fragile mental condition. "That's what this trial is all about" *Wurm said. As for the show's role, Juror Dale Carlington said, "We all felt he had a definite mental problem, ... and the show exacerbated that." And juror Joyce O'Brien said the show "threw him (Schmitz) back into an emotional tailspin." "Even a sane person might have trou- ble dealing with all that stuff," she said. Schmitz's parents testified that their son behaved oddly as early as 3 years old, when he would bang his head against the wall in anger. They said by the time he was 16, he was battling weeks-long periods of depression. He later attempted suicide several times. The Oakland County Circuit Court jury of seven men and five women deliberated all day Friday and about 2 1/2 hours yesterday before reaching its decision. Amedure's brother, Frank Amedure Jr., said defense lawyers threw confu- sion into what he thought was a clear case of murder and said he felt "utter disappointment" at the conviction on a lesser charge. But "I suppose it could have been a lot worse," he said. Second-degree murder carries a sen- tence of up to life in prison. Sentencing was set for Dec. 4. Defense attorney James Burdick pre- dicted that Judge Francis O'Brien would be lenient in sentencing, which could begin at eight years with parole possible after about 15 years in prison. "I hold out great hope that this judge...understands that Jon was really incapable of forming the general intent to commit second-degree murder or even manslaughter," Burdick said. He said he would appeal the second-degree murder conviction. Prosecutor Roman Kalytiak said he would seek the highest sentence possi- ble, 25 years to life. "I think we had a more compelling case with the facts. The defense had a more compelling case with making LANSING (AP) - Even as Jack Kevorkian and a friend faced legal problems in lonia County, the Michigan Senate yesterday shouted down a proposal to let voters decide whether to legalize assisted suicide. "This is not a finger-in-the-wind kind of issue," nor can it be regulat- ed, said Sen. William Van Regenmorter (R-Hudsonville). "It's an issue of morality. It is time to stand up and be counted." The Senate, by voice vote, rejected a proposal to let the voters decide whether to legalize assisted suicide in Michigan. The action came as the founder of Michigan's Hemlock soci- ety chapter, a 73-year-old woman who is dying of can- cer, was charged with the same Ionia County assist- ed suicide counts facing her friend Jack We nee this issue the voters "It's an issue we need to deal with," said Sen. Gary Peters (D- Pontiac), sponsor of the assisted-sui- cide language. "We need to put this issue before the voters ... Let them decide by going to the polls." Minority Floor Leader Virgil Smith (D-Detroit) accused the bill's backers of trying use the measure to put a prohibition against assisted suicide into state law. Now, assisted suicide is only banned under "common law" guide- lines, as cited by the state Supreme Court. "I think voters should be allowed to make a decision," he said. But Peters' proposal was id to Put immediately rejected by the before Republican- controlled 1. Senate. G Peters "People want - Garyto die with dig- U.S. senator nity," said Sen. Dale Shugars (R-Portage). "In assisted suicide, you actively induce something that will kill a person." In other action, the Senate: Passed, 37-0 and 33-2, and sent to the House two bills designed to crack down on the theft of cable tele- vision signals through the use of ille- gal "black boxes" and other intercep- tion equipment. Passed, on votes of 28-8, 27-10 and 28-9, and sent to the House sev- eral bills offering tax credits and exemptions for the purchase of alter- native-fueled vehicles. Some law- makers objected to the cut in state revenues and the fact the Appropriations Committee had not reviewed the bills, but they still won passage. - Kevorkian. AP PHOTO Jonathan Schmitz, left, stands with his attorneys, James Burdick, front, and Fred Gibson as the jury enters the courtroom in Pontiac yesterday. jurors feel sorry for Jonathan Schmitz," Kalytiak said. Allyn and Connie Schmitz were dev- astated by the verdict, Burdick said. The couple declined comment. Prosecutors contended that Schmitz, 26, of Lake Orion, planned and carried out the slaying of Amedure, 32, of Orion Township. Show producers denied misleading Schmitz. Jones testified that she knows very little about how her show operates and does her host duties by following scripts she usually receives the night before a taping. Amedure's brother said his family would press ahead with its $25 million civil lawsuit against the "Jenny Jones Show." "None of this would have happened if it wasn't for the Jenny Jones Show's exploitation of homosexuality, a sensi- tive issue, and then exploiting those persons that had difficulty with the tol- erance of homosexuality, such as Jonathan Schmitz" he said. Janet Good, of Farmington Hills, was indicted by the same grand jury that indicted Kevorkian last week. The case stems from the Aug. 30 death of Loretta Peabody, who suf- fered from multiple sclerosis. The Senate vote came as the chamber discussed a proposed "dig- nified death act" law to require doc- tors to inform terminally ill patients of alternative treatments, their right to a patient advocate and their right to make informed decisions on their treatment. The bill was advanced into posi- tion for a final vote. The assisted sui- cide issue can be raised again before final action. NEAL Continued from Page :. partnership between two great universi- ties," Denbow said. "What we have in common is so much more important than what we don't." Truscott said the two institutions omplement each other. "We can learn prom each other," he said. At the University, reactions to MSU's selection were similar. Walter Harrison, vice president for University relations, said the choice says positive things about the two institutions' relationship. "It's clearly a gesture from Michigan State that they value the presidency of the University of Michigan," Harrison said. "I'm sure it's also because Homer s not only the interim president, but a world-renowned scholar. "It's a terrific honor for (Neal) and a wonderful gesture toward the University of Michigan," he said. Neal said he did not know what he will speak about. "I'll be giving some thought on that in the coming days,' Neal said. Denbow said that whatever Neal decides to include in his speech will be appropriate for the audience - which will be made up of graduate students receiving advanced degrees. Truscott said Neal will have a lot to bring to the ceremony. "I think it speaks volumes for his career," Truscott said. "His experience and the wisdom that he'll have will mean a lot to the students at MSU." The MSU commencement speakers were chosen by advisory groups, but McPherson makes the final decision. "(McPherson) made it with enthusi- asm," Denbow said. Neal is scheduled to address MSU students on Friday, Dec. 6 at 7:30 p.m. in the Jack Breslin Student Events Center in East Lansing. - Daily Staff Reporter Jodi S. Cohen contributed to this report. The Office of Academic Multicultural Initiatives is now accepting applications for Student Program Host positions for the King/Chivez/Parks College Day Spring Visitation Program pi ::icatin c\ :*'. i N . Ve1Nn :: Student Program Hosts assist in the supervision of student leaders who accompany visiting middle school students on a one-day visit to campus. In addition, they coordinate work schedules. 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