Strahl sentenced to life in prison without parole
By Nick Hytrek Journal staff writer | Posted: Friday, September 07, 2007
ELK POINT, S.D. -- James Strahl's sentencing hearing lacked suspense.
As required by South Dakota law, Circuit Judge Steven Jensen on Thursday ordered Strahl to serve a mandatory sentence of life in prison without parole for the 1998 bludgeoning death of William O'Hare.
"The court believes that not only is the sentence mandatory, but deserved, given the manner and means of death," Jensen said.
A Union County jury in August found Strahl, 39, of Dakota City, guilty of first-degree murder and grand theft. Strahl was found guilty of beating O'Hare, 52, to death with a ball-peen hammer at O'Hare's rural Beresford, S.D., home on May 17, 1998, and stealing his car. O'Hare's body was found three weeks later.
Jensen sentenced Strahl to 10 years in prison on the grand theft charge and ordered it served consecutively to the life sentence.
Strahl declined his chance to address the court prior to sentencing.
His attorney, Phillip Peterson, of Beresford, requested Jensen enter a judgment of acquittal and overturn the jury's verdict.
"We believe that there was reasonable doubt in this case," Peterson said.
Jensen denied the motion, saying there was sufficient evidence to support the verdict.
After the hearing, Peterson said an appeal likely would be filed next week. He said he would be appealing Jensen's pretrial rulings denying defense motions to present evidence that someone else killed O'Hare and suppressing testimony of Aloysius Black Crow.
Black Crow testified at trial that, while the two were in the Union County Jail, Strahl confessed to the killing. Prosecutors used details Black Crow said Strahl gave him about the killing to build their case in support of forensic and other evidence collected at the crime scene. Prosecutors said Strahl killed O'Hare because he refused to take Strahl home after a weekend of having sex.
Strahl was arrested in June 2006 after new DNA tests on evidence collected when O'Hare's body was discovered linked him to the killing.
Peterson said he has no doubts his client is innocent.
"The best we can hope for (on appeal) is a reversal," he said. "I think justice would indicate that he be given a new trial."
Black Crow also told investigators that Strahl admitted killing 14-year-old Amanda Gallion of Gillette, Wyo., who disappeared in 1997. Peterson said he has heard nothing from Wyoming authorities about that case.
Nick Hytrek can be reached at 712-293-4226 or nickhytrek@siouxcityjournal.com.
Strahl linked to Wyoming case
Connie Larson, an assistant South Dakota attorney general, said that prosecutors believe James Strahl was also involved in the October 1997 disappearance of Amanda Gallion, then 14, of Gillette, Wyo.
According to court papers, Strahl told Aloysius Black Crow that he raped and killed Gallion. The documents include a time card that reportedly showed Strahl was missing from work when Gallion was last seen alive.
Prosecutors said Strahl admitted to being in western South Dakota and Wyoming when he met Gallion, whom he described as a wild runaway.
Gallion did not come up at Strahl's trial, nor has he been charged.
But Larson said she hopes he will be. She said she has not been in contact with Wyoming authorities, but South Dakota law enforcement officers have.
Detective Cpl. Brent Wasson of the Gillette, Wyo., Police Department, said nothing from the Strahl case has shed light on the Gallion case, which is still open.
"Amanda's still a missing person. There has been no evidence to corroborate any information in the Strahl case, and it's still being investigated," Wasson said Thursday.
--By The Associated Press
As required by South Dakota law, Circuit Judge Steven Jensen on Thursday ordered Strahl to serve a mandatory sentence of life in prison without parole for the 1998 bludgeoning death of William O'Hare.
"The court believes that not only is the sentence mandatory, but deserved, given the manner and means of death," Jensen said.
A Union County jury in August found Strahl, 39, of Dakota City, guilty of first-degree murder and grand theft. Strahl was found guilty of beating O'Hare, 52, to death with a ball-peen hammer at O'Hare's rural Beresford, S.D., home on May 17, 1998, and stealing his car. O'Hare's body was found three weeks later.
Jensen sentenced Strahl to 10 years in prison on the grand theft charge and ordered it served consecutively to the life sentence.
Strahl declined his chance to address the court prior to sentencing.
His attorney, Phillip Peterson, of Beresford, requested Jensen enter a judgment of acquittal and overturn the jury's verdict.
"We believe that there was reasonable doubt in this case," Peterson said.
Jensen denied the motion, saying there was sufficient evidence to support the verdict.
After the hearing, Peterson said an appeal likely would be filed next week. He said he would be appealing Jensen's pretrial rulings denying defense motions to present evidence that someone else killed O'Hare and suppressing testimony of Aloysius Black Crow.
Black Crow testified at trial that, while the two were in the Union County Jail, Strahl confessed to the killing. Prosecutors used details Black Crow said Strahl gave him about the killing to build their case in support of forensic and other evidence collected at the crime scene. Prosecutors said Strahl killed O'Hare because he refused to take Strahl home after a weekend of having sex.
Strahl was arrested in June 2006 after new DNA tests on evidence collected when O'Hare's body was discovered linked him to the killing.
Peterson said he has no doubts his client is innocent.
"The best we can hope for (on appeal) is a reversal," he said. "I think justice would indicate that he be given a new trial."
Black Crow also told investigators that Strahl admitted killing 14-year-old Amanda Gallion of Gillette, Wyo., who disappeared in 1997. Peterson said he has heard nothing from Wyoming authorities about that case.
Nick Hytrek can be reached at 712-293-4226 or nickhytrek@siouxcityjournal.com.
Strahl linked to Wyoming case
Connie Larson, an assistant South Dakota attorney general, said that prosecutors believe James Strahl was also involved in the October 1997 disappearance of Amanda Gallion, then 14, of Gillette, Wyo.
According to court papers, Strahl told Aloysius Black Crow that he raped and killed Gallion. The documents include a time card that reportedly showed Strahl was missing from work when Gallion was last seen alive.
Prosecutors said Strahl admitted to being in western South Dakota and Wyoming when he met Gallion, whom he described as a wild runaway.
Gallion did not come up at Strahl's trial, nor has he been charged.
But Larson said she hopes he will be. She said she has not been in contact with Wyoming authorities, but South Dakota law enforcement officers have.
Detective Cpl. Brent Wasson of the Gillette, Wyo., Police Department, said nothing from the Strahl case has shed light on the Gallion case, which is still open.
"Amanda's still a missing person. There has been no evidence to corroborate any information in the Strahl case, and it's still being investigated," Wasson said Thursday.
--By The Associated Press
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justice wrote on Sep 11, 2007 10:19 PM:
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