2 Holdouts Force Thill Mistrial
By Howard Pankratz
Denver Post Staff Writer
Dec. 3 - PUEBLO - Two holdout jurors forced a mistrial in the Nathan Thill murder case on Thursday, provoking anger and anguish from the 10 others on the panel, who wanted to convict Thill of first-degree murder.
After more than 11 hours of deliberation over three days, the jury announced it was deadlocked. Judge Jeffrey Bayless declared a mistrial and ordered Thill to be retried on Feb. 7.
Afterward, some of the jurors in the majority broke down in tears, sobbing on the shoulder of prosecutor Mike Pellow.
"We all wanted to do what was right,'' said juror Michelle Withrow. "A lot of us felt we let people down.''
"I wanted to stay in as long as it took,'' said juror Richard Bachicha. "I feel kind of bad, because (now) someone has to take on the job and do it right.''
Lawyers for the prosecution and defense declined to comment.
Thill, a 21-year-old white supremacist, gunned down West African immigrant Oumar Dia at a Downtown Denver bus stop on Nov. 18, 1997. He also shot and paralyzed witness Jeannie VanVelkinburgh in an attempt to eliminate her as a witness to the crime.
Defense lawyers admitted Thill shot Dia and VanVelkinburgh. But they said he suffers from an extreme case of bipolar disorder and so could not have formed the intent necessary for first-degree murder. Thill faced a possible death sentence if convicted of that crime.
During the trial, defense witnesses detailed Thill's horrific childhood, which included repeated stays in institutions and numerous attempts at suicide. Thill, they said, eventually came to believe he was a son of the devil and embraced white supremacy because it gave him a sense of self-worth.
One of the two holdout jurors, Tom Mitscher, said the defense put on a compelling case.
"I think the man is extremely ill,' said Mitscher. "I don't think he has a realization of reality. ... I'm not sure he was able to make any rational, sane decisions.''
During the trial, jurors were shown a picture of a bare-chested Thill giving the stiff-armed Nazi salute. A second photo showed Thill's chest and arms covered with Nazi tattoos.
They also saw the videotaped interview Thill gave to a TV reporter after his arrest in which he confessed to the crime.
"I see a black guy at the bus stop and I kind of decided he didn't belong where he was and how easy it would be to take him out right there,'' Thill said. "In a war, anybody caught in an enemy uniform should be taken out.''
Juror Withrow said she had no doubt that Thill had deliberately gone the night of the crime looking for people of color to hunt down. In addition to shooting Dia, prosecutors said, Thill also beat up a Hispanic man and tried to kill another black man.
But Withrow said that trying to persuade the two holdouts to vote for first-degree murder was like "beating a dead horse.''
Jury forewoman Kathy Wilson said tensions ran high in the jury room. People yelled and screamed at each other, cried, and told personal stories during the heated deliberations.
"I had to remind everyone that we were to be respectful, not to browbeat anyone,'' Wilson said.
But she said she knew within 30 minutes of the start of deliberations that the two eventual holdouts would not vote for a first-degree murder conviction.
"They were adamantly opposed to first-degree murder,'' she said.
Near the end, Wilson sent a note to Bayless telling him they were hopelessly deadlocked. The judge sent a note back asking her if there was any likelihood of progress.
"Everyone started screaming at each other, yelling,'' she said. "There was no way.''
The jury did return verdicts on three of the lesser charges against Thill: ethnic intimida
tion, attempted second-degree murder and first-degree assault.
The murder and assault convictions normally carry prison terms of up 32 years. Ethnic intimidation can bring a sentence of two to six years. Bayless, however, has the power to jack the sentences up as high as 64 years by considering so-called aggravating factors. Thill will probably be sentenced on the other charges after the second trial is completed.
Bayless moved the trial to Pueblo after ruling that Thill could not get a fair trial in Denver. The retrial will also be in Pueblo.
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