Wright Verdict: LIFE

Life. Unanimous decision by the jury 

Following up tomorrow
By Chuck Baldwin | Posted at 9:00 pm April 18th, 2007

Tomorrow, I’ll follow up with a few more details, some talk about what might be next … and some background to try to put the whole thing in context.

Exhibits to be sealed
By Chuck Baldwin | Posted at 8:59 pm

Nelson asks Zell to permanently seal a number of exhibits – autopsy photos from evidence and other photos (nude investigative photos of people questioned).

He’ll do it, after a more thorough review.

Formal sentencing
By Chuck Baldwin | Posted at 8:57 pm

It was the jury’s decision … not the judge’s. So he merely follows what the jury decides.

Nelson wants to read a written statement from Dee VanderGiesen.

Zell says that’s OK – and even a statement from Daphne, if she wants.

But he makes it clear he has no discretion under the law to alter the sentence imposed by the jury.

Dee VanderGiesen: “Daphne, there are no words to describe the hurt you have brought to our lives. The pain is deeper than anything we could ever describe. Yet we no longer feel the anger and vengeful thoughts that were first in our thoughts. The lord has reached down in his grace and mercy … and brought us to a ploace where we can forgive you … To Daphne’s family, we too feel the pain you must feel as one mother to another. I express my sorrow for your family. We both have now lost our daughters. One to death, and one to serve prison time for as long as she lives. May God’s grace be shown to you at this time of pain in your life. And Daphne, as a final statgement to you, we want you to know that we pray for you every day asking that God may touch your heart, that you may come to know his love … ”

Daphne doesn’t take Zell up on his offer to make a statement.

Zell makes it official – life in prison without parole for each of the 3 charges. To be served concurrently.

What was the jury thinking?
By Chuck Baldwin | Posted at 8:49 pm

Already I’m getting some questions about what went on in the mind of jurors.

We won’t know until later, if ever.

The judge released the jury and called a short recess, essentially to give the jury time to get away without facing reporters.

At some time later, we might be able to contact jurors. But it will have to wait.

So what happened?
By Chuck Baldwin | Posted at 8:41 pm

The jury rendered a unanimous decision.

It found the prosecution proved beyond a reasonable doubt that the crime was depraved, with aggravated circumstances – in other words, what was needed for a death sentence.

But it also decided unanimously that Daphne should face life in prison, rather than death.

That’s an indication that the defense arguments about Daphne’s background had an impact.

The VanderGiesens smiled at the sentence. So did Daphne … slightly, even as she wiped tears from her eyes.
It was – without a doubt – the best Daphne could have hoped for. And it was a pretty smashing success for the defense.

The sentence – Life
By Chuck Baldwin | Posted at 8:37 pm

It’s in prison for Daphne Wright.   

Who’s here
By Chuck Baldwin | Posted at 8:29 pm  

The VanderGiesen family. Daphne’s family. A few of Darlene’s friends. Two extra sheriff’s deputies. A couple extra reporters. Police Chief Doug Barthel and Det. Troy Duncan are here, too.
It’s actually a fairly small group. Maybe 2 dozen in the audience.

The bailiff is waiting at the door for Judge Zell to give the order to bring in the jury.
 

The wait
By Chuck Baldwin | Posted at 8:22 pm

There’s a tenseness among family members and others.

The VanderGiesens had been waiting in the county administration building and rushed up to the courtroom.

There was nervous conversation.

Do the VanderGiesens want – or support – the death penalty?

“If that’s what the jury decides,” said Junior VanderGiesen, Darlene’s uncle. They’re makinig the decision, he said, not the family.

Family members shook hands with prosecutor Crystal Nesheim as they walked into the courtroom.

Daphne’s mother and stepfather walked into the courtroom without speaking. The defense team now is quietly talking – Daphne signing with an interpreter – at their table.

Prosecutor Dave Nelson talks briefly with Gene and Dee VangerGiesen and pats Gene as he walks away.  

The gathering
By Chuck Baldwin | Posted at 8:13 pm

People obviously were nearby. The VanderGiesens started arriving within 5-10 minutes of notification, and prosecutors started arriving, too.

Predictions
By Chuck Baldwin | Posted at 8:10 pm

This is why it’s so foolish to predict what a jury will do.

We’d all decided here – not just reporters – that the jury wouldn’t come to a decision tonight. And almost as soon as I posted that, we get word that the jury was coming back with a verdict.

Well, we’ll know within an hour or so.

Decision
By Chuck Baldwin | Posted at 8:03 pm

The jury has reached a decision.

Notification is going out now to family, lawyers, the judge.

We’ll know as soon as everyone’s in the courtroom.

The jury went out at 11 a.m. and it’s now a little after 8 p.m. That’s 9 hours – as opposed to a little more than 7 hours to decide Daphne Wright’s guilt.  http://blogs.argusleadermedia.com/voices/

Wright To Spend Life In Prison  http://www.keloland.com/NewsDetail6162.cfm?Id=0,56378

Jury spares Wright’s life; she’s sentenced to life in prison  http://www.argusleader.com/apps/pbcs.dll/article?AID=/20070418/NEWS/70418016

Commentary: I know some Deaf people are bitterly disappointed. However, I am relieved as there appears to be too many civil rights violations faced by Wright during the judicial proceeding. 

Don’t think Daphne Wright gets off lightly. The conditions of the prison are very isolating for Deaf inmates, often faced with lack of accommodations as required by ADA. Chances are high that she won’t be provided with interpreters and have limited access to ttys, etc, according to others who have seen the obstacles faced by Deaf inmates.

e-mail contact: mishkazena@aol.com

copyright mishkazena (TM) 2007

33 Responses to “Wright Verdict: LIFE”

  1. michele Says:

    Yes this is a relief, its better that Daphne goes in for life in prison than death penalty.

  2. Brandy Says:

    I think that Daphne recieved to much pampering as well. She didnt consider Darlene’s civil rights before she murdered her and cut her up into pieces. I think her rights should have been taken from her like she took the life of and right to live of Darlene. Its pretty sad whn you can drive by the highway when they are pulling body parts out of ditch out side of Beaver Creek MN, and you have to tell your kids what happened.. It just makes me sick that some one who can plan and carry out a murder can expect people to feel bad for her. I think she should have got lethal injection. I feel sorry for Darlenes family because i dont think that her life sentence is justice

  3. Aidan Mack Says:

    It is true about prison. My sister is the warden at prison. Funny Zero! She doesn’t give a damn about prisoners but a brutal hard time and safety of the employees. There are no rights for prisoners so it means that Wright will lose Deaf rights.

    Aidan

  4. Diane Says:

    A sad ending for both families. I am glad it is over. Funny Zero – yes I agree with Aiden. At least she is locked up for good.

  5. KBJENSEN Says:

    0 funny!! NO rights for Wright.

    She will be lonely for the rest of her life.

  6. SH Says:

    No fun in prison; I’m curious Aidan,

    Is your sister the warden of what prison for a men or women?

    I’m trying to find out if men prison would be worst than women or equal. I’ve watched courtTV and other I think A&E I dont recall. Talks about prison life in differnt prisons for men. I heard alot difficulties there.

    Women prison? I would wonder about that.

    If you happen to know about women prison life, let me know I’ll be happy to read about this. :) This probably be little off the point but worth to ask.

    Justice had already serve for Darlene and Daphne will see how much prison would be worst than a county jail.

  7. Brooke Says:

    i completly agree with brandy she should have thought about the other persons life and not just her and her feelings; and i had absolutly no doubt that south dakota could have a fair trial;

    if you dont like people to treat you diffrent for what/who you are and choices you’ve made then dont expect them to treat you diffrently when it comes to things like this; i think she got off easy

  8. dummy h Says:

    thank for blogging this wright trial. it is surely sad but it is educational for me. thank you, mz.

  9. Brooke Says:

    and sioux falls isnt that small im sure ther were plenty of people who didnt know them …..

  10. Julie Rems-Smario Says:

    Mishka Zena,

    I commend you for your incredible reporting talents as a blogger. You go above and beyond the call of duty. The crediblity of your reporting is outstanding. For me, you are the “go to” blogger to gather resources about social justice issues.

    I am proud to call you my ally in fighting for social justice, especially for survivors and victims of dv/sv

    BTW, Darlene’s mother has amazing grace. She touched my heart. This world could use more of her grace.

    Once again, thank you for a great job.

    Julie

  11. IamMine Says:

    Julie said it beautifully.

    And I’m also agreeing with Aidan – I like how she signed it (at least I could visualize her)

    FUNNY ZERO for Daphne – she will suffer for what she did to Darlene – a quick death by lethal dose won’t do it.

    Thank you, MZ – love ya, girl! :)

  12. C Says:

    I don’t know about this “no right for deaf person in prison”. I know of one deaf prisoner that was able to get certain rights. From what I understand, Prison is better than County jail. Deaf advocacy group have spoken for deaf rights, at a smaller scale compared to general population. Example, tty and ability to make tty calls no more than hearing prisoners. One thing that is limited greatly is this person wanted to work in prison but was not allowed to because she was deaf due to communication and the prison’s reluctant to hire an interpeter to assist her. They limit her interpreter needs for the most important stuff they consider important. I lost in touch with her outside contact so I’m not sure what happened over the years. She had some deaf rights given to her in a limited fashion. Not “zero” deaf rights. Not sure if other state prisons are different.

  13. Jessica Says:

    To start with, I had mixed feelings about the death penalty. But at least Daphne is going to prison for what she did and for life with no parole.

    I thought that Darlene’s mother’s words were very kind considering the whole situation, especially reaching out to Daphne’s family as well saying both lost daughters, one to death and one to prison.

    My thoughts goes to both families.

    I appreciate Chuck Baldwin and your time to blog on this. It was very helpful and informative.

  14. Richard Roehm Says:

    I’ve been involved with the Califoria Prison Access Project in 2000 and most California prisons are not accessible to the deaf with the exception of Corcoran prison.

    I have been able to get a deaf prisoner transferred from Solano and another from Folsom to Corcoran.

  15. Dianrez Says:

    All of this painful scenario was avoidable: if Daphne had received the attention she needed when she was younger and first began to show problems. Same with the Va. Tech killer who said there were thousands of chances to avoid the carnage.

    Imperfect as our society is, the best we can do is lock up the dangerous people and make feeble attempts to help others before they reach that point.

    So sad, so terribly tragic, so preventable.

  16. drmzz Says:

    True Dianrez. I’m appalled to learn that Daphne’s mother learned sign language when Daphne was of H.S. age. Like I suspected, issues of abandonment (deaf school and father’s death) and communication reinforced her insecurities. Very sad. I’m impressed that Darlene’s mother saw it to forgive. That is a very difficult thing to do. Tragic loss for both families.

  17. Jean Boutcher Says:

    Dianrez,

    What you have said above is what I have watched on TV.
    Professional help would have
    saved this disturbed soul immediately had a problem been detected earlier. Why one has to wait until it is too late is quite disturbing.
    I feel sad for both the victims and the 23-year-old troubled soul.

  18. VanGogh Country Says:

    I am not going to sugar coat my comments, I honestly think that this creature should have been sentenced to death, but this is the jurys decison,and the jury has to live with what they have decided.
    Some one mentioned is a womans prison worse or better than a mans prison, well it all depends on what state u are in and how overly populated each faculity it is in. This creature will get her “just desserts” when she is released to the general population, sure this creature will get 3 hots and a cot, but the creature will also find out that each prison is divided in groups, and this creature will not fit in. I have always said that a prison system is not for rehabilation but for a spawning ground for new crimes within the prison system.
    The guards are outnumbered and the amount of time the prisoners spend on the grounds or with liesure time is becoming more limited due to the over crowding or warehousing, so the likelyhood of this creature surviving is very small,look at Jeffery Dahlmer, he did not last long, he was brutally beaten and sodomized, s
    this creature will get the punishment she deserves within the prison walls.
    As I said in the begining I am not going to sugar coat things..I worked within the prison system for over 6 years and i have seen what it does to a deaf person no matter what the person is in for.
    I mentioned that the prison population is divided in groups. They start up their own gangs/ or groups. If they were in gangs before, they restart them again in prison..it is a vicious cycle and it is a small wonder that they call the American prison system a REVOLVING DOOR system, cos most of the prisoners are never rehabilated, and the deaf prisoners are not offered the same “services” because it costs too much money to hire an interpreter, and costs too much money to accomodate them, so therefore it is much easier to let them fall between the proverbal cracks in the prison system.
    I better stop here cos I can go on and on about it..
    After reading this you may say hmmm maybe this creature was better off sentenced to death. Enuff said,, time for me to hop off my soap box

  19. Casper Says:

    This is the site of the prison she will be living for the rest of her life.

    http://www.state.sd.us/corrections/womens_tour.htm

  20. m Says:

    Conditions in women’s prisons are even worse then in men’s prisons. The way women are routinely treated in prison is a crime unto itself. They are routinely denied access to medical care, the law library, etc. Given the odds that Wright will be the ONLY deaf inmate at her prison, she probably will be denied interpreters, ttys, in addition to the other rights denied to women prisoners. She will not have an easy life and will probably come to wish she had been sentenced to death.

  21. Kevin Says:

    Her being deaf is making her even more vulnerable to abuse from fellow inmates.

    Sad but she should’ve thought of it before killing a human being.

  22. Viola Says:

    I think Daphne is in this prison:

    South Dakota Women’s Prison
    3200 East Highway 34
    c/o 500 E. Capital Ave.
    Pierre, SD 57501
    Phone:(605)773-6636

    I’m glad she didn’t get the death penalty. Even though so many people are so sure she is the culprit, I’m thinking it still hasn’t been solved enough. That roommate of hers, I still think she was involved. Since she was so nosey as to notice Daphne’s comings and goings at exact times, she also would have noticed a body in the house or basement. She definitely would have gone snooping to see exactly what Daphne was doing. Daphne has missed some important home training during her forming years, which is done through communication and asking and answering questions as well as setting boundaries and limitations. Without it, a Deaf person is way behind in understanding the world and the people in it, even other Deaf people. Most times, such persons will only take direction from others and will let other people tell them what to do. They will rarely come up with something on their own. They do tend to be stubborn, though.

    The prosecution is biased and will believe anything they tell themselves regarding evidence. She was a “creature” to some people before any crime ever happened. Her public defender should not have talked to the jury as if his client were guilty. Who was he representing? His client told him she was innocent and that is what his presentation should have been. Jacki is saying she doesn’t like Sallie, but how true is that? Daphne may not be able to notice a plot right under her nose and even if she did notice it, she may not know what to do about it. I have seen Deaf people like this before. They will “understand” what words are being signed to them, but they will not “get it” at all. I still think Jacki and Sallie did it and set Daphne up because they know about racism and knew they could get away with it. They each had their own agenda. Daphne is not the only one that knew when she would get her check. It looks to me that Daphne is the only one that could have all of those women, being that they are all lesbians. I think that all four of them are. Sallie still wanted Daphne and seemed to be leading her on, if only Daphne would act the way Sallie wanted her to. The door appears to have stayed open. I think the real fight was over Daphne by the three other women.

    Anybody that will give an angry, huge Deaf person the finger is mighty bold indeed and definitely not intimidated. Just because someone is nice to some people doesn’t mean that they are nice to everyone. I’ve seen Deaf friends have a dispute and give the finger. It’s not a big deal to them, but I think it means the same as to a hearing person. Many Deaf people have a temper and will display it, complete with verbals. I’ve seen several of these altercations. It always takes two or more large and strong (and profoundly) Deaf persons to subdue the Deaf fighter.

    I’ve met Daphne briefly before. I remember her signing her name and nickname “Daffy”. I must have looked confused because some of the other Deaf people also signed her nickname and assured me that’s what she was signing. She was quite happy with being called “Daffy”. I can’t remember where I met her, as it was in a small group of Deaf people, maybe in NJ, MD or DE, or maybe Philly. I didn’t really form any opinion of her then nor did we click to the point of exchanging phone numbers or email addresses. I’ll have to show her picture at Deaf gatherings and ask who knows her.

    She shouldn’t be left to wilt in jail. It’s not too late to get to the bottom of it. I know that many people would like to think that self-righteous racist mentality with a smile doesn’t exist. None of it will bring Darlene back, but Darlene can still have justice. I think she would want the truth to come out.

  23. SciFi Says:

    Since there are no CC on tv, interpreters, tty, videophone, communications with other inmates, maybe limited books to read, and many others, I think Wright should have the right to get out of jail after she got very old. Old people are rarely dangerous.
    Imprisonment for hearies is really not that bad. I have heard of these hearies who stayed in jail for life are doing fine. ACLU fought like hel for the male inmates to have the right to have access to Internet on computers and even can look at porno that shocked me greatly.
    I know Wright would never have the right to use computer to see what’s going in the world in that prison.

  24. green eyed gypsey Says:

    women arent the only people within the south dakota prison system that dont receive proper health care or legal privleges, south dakota has the largest increase in prison population of all of the connecting states to it. There is a standing advertisement in the Argus leader for prison guards. No one in the system is treated great and as far as the word correction it is a complete joke they arent equipped to help rehabilitate the inmates within the walls of there institutions… look at the rate of parole violators.. in private industry these mistakes would be considered a training failure. In the correction department of south dakota its considered job security.
    Daphne will not have it any worse in prison than living in a free world that was filled with confusion and abandonment of her needs, at least society will be protected from what they created in her, and her mother can rest that the love of her child saved her life. As much as I felt Daphne should be executed her mother didnt deserve the death penalty too. Being a mother, I could only feel for her and know that just like Darlene’s mother Dee after her child was snatched away from her a part of her died with Darlene. God evedentally still has a plan for Daphne even if some of the rest of us havent figured it out. Now is a time for reflection and healing and as it appears we all have time including Daphne.

  25. Viola Says:

    This wouldn’t be the first time in history that a person is wrongly convicted by circumstantial evidence. Daphne is Deaf but the investigation handled it the same as if she were hearing. People concluded their own ideas according to the standards not only of hearing people, but of white culture. The “facts” all fit with that, making it believeable by people whose culture it is.

    Prosecutors have been known to make up lies just to suit their prosecution so that it will be total. The Public Defender had a lot of nerve with his statements. Previously, someone that claimed to be a sister of Daphne stated that her family was educated and cared about her. If that’s so, then how could a reasonably intelligent person not object to the things Daphne’s own lawyer was saying?

    Because Daphne is black, there will be some people that don’t want to be wrong and will insist that they are right even if real facts are discovered. Racism can be a mentality, not just outward and outright hatred displays.

    If all involved were white, then no one would have been arrested until they were grilled and absolute facts obtained. If all were black, then all would have been arrested and charged. There is a double standard here.

    There could be people in Daphne’s neighborhood that would lie for those other women, as a favor. Daphne would not be used to that type of unified effort. Some of the testimony of so-called witnesses was just heresay and shouldn’t have been admitted as evidence.

    The way this case was investigated was sloppy and assumptive at best. Lie detector tests and such could be altered to ensure Daphne took the fall. To people outside of small towns, this case reeks of racism and BS.

    How would you feel if independent investigation was done and Daphne got a new trial and got out of jail?

  26. justbeingme Says:

    viola you think you know everything why dont you go be her lawyer since you know all. you know what her family do and education what she do what deaf do. all talk no action.

  27. Viola Says:

    If she is still in prison by the time I finish taking my bar exam, I will represent her for free. I will be her Deaf lawyer. For now, I must start with character witnesses that know Daphne and I will show her picture and ask who knows her.

  28. Ken Rose Says:

    Well, now, the question shifts from “How should a Deaf person be tried for Murder?” to “How should a Deaf person be treated in Prison?”

    And I hope the Deaf Community can keep up the pressure NOW as with the trial. It’s not just about Wright and her case. It’s about every Deaf person that passes through the criminal justice system.

  29. KBJENSEN Says:

    I agree with Ken Rose.

    Viola, She has a history of being abusive to her former girlfriends and their friends. So her history speaks for itself.

    I wouldn’t want her out if she is out then we are in danger because of her.

  30. Viola Says:

    I will find that out. If that is true, then maybe that is why she was around the people was was around when the crime happened. Around here, no one would get that far being abusive because people would fight back. There are lots of extremely strong Deaf people. Not everyone is violent, some people are very nice. But I have seen some huge Deaf persons try to be a big bully. But usually, they pick on someone their own size. Most of the time, the really large people act sweet and nobody would want to challenge them physically anyway.

    Many Deaf people don’t like to let people go and think everyone can stay friends even after personal relationships. I question why Sallie continued to spend weekends with Daphne and would go see her if she thought Daphne was so abusive.

    Having an abusive personality doesn’t have to mean murder too.

    Usually everyone gets along fine with lots of hugs. Whoever acts abusive or violent, everyone else stops their behavior. Whether it is their business or not.

    Daphne will have to deal with whatever it is in jail while she is there. She could teach some ASL to anyone that wants to learn some words.

    I agree that the way Deaf people can be treated in trials must change.

  31. green eyed gypsey Says:

    Viola….
    how do you feel about the away Darlene, the real victim was treated? Did you forget that she was deaf too? Did you forget the horrific death she indured? This trial was a cakewalk compared to being dismembered and tossed into the ditch and dumpster. Please dont forget Darlene

  32. Viola Says:

    green eyed gypsey: I think it’s absolutely horrendous the way Darlene was dispatched from this world. For whatever reason or excuse. I would actually have to see what Daphne would sign to explain herself and the situation as best as she can.

    I think lies have been told and a lot of hiding of facts.

    The person that really did it knew that many people already believe that Daphne’s true nature is a “savage”. That’s their justification for not thinking any further. It’s an amazing thing. It’s not a new thing, it’s been done before.

    How anyone could do such a thing just to be able to blame it on Daphne, is beyond outrageous.

    Lots of people are claiming that out of the 4 of them, only 3 were lesbians. Yeah, right. And more than anything in the world, Darlene wanted to just be friends in the midst of lesbians who were fighting. Yup. Sure.

    Darlene is still earthbound. She does know she is dead, so there is another reason why she remains earthbound.

    I would want to communicate with Daphne and ask her what has happened. So I will send her some money for paper, pens and stamps. If they let her use a video phone, that will be fine. It could get unpredictable in Sioux Falls, with so many people insisting that Daphne did it, and because the killer is still not in jail and may not appreciate any further investigation to get to the truth of the matter. Murder is illegal in all 52 states. (52 states, right?)

    I don’t know what deaf organization could or would help Daphne. All they did really was sign with Daphne enough to get her convicted and sentenced. Even her lawyer was bold enough to say she was guilty when his client said she was not.

  33. BNB23 Says:

    Viola said … Darlene is still earthbound. She does know she is dead, so there is another reason why she remains earthbound.
    =========
    Wtf? what is the other reason she remains dead? Huh?

    I would want to communicate with Daphne and ask her what has happened. So I will send her some money for paper, pens and stamps.
    ======

    What makes you think Daphne wants to talk to you? Do you know any of these people?

    Do us all a favor and go pass the bar exam, get some experience and stop acting like you have such superior knowledge than the rest of the world. You don’t know what these families have been through and you’re just yapping away like you’re F. Lee Bailey or Johnny Cochran. stfu

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