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Univ. of San Diego School of Law

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Sunday, March 27, 2005

Dying Declaration of Murder Victim Leads to Arrest of 70-Year Old Woman

From MSNBC.com:  "In Hickory Hills, a tidy mobile home community popular with retirees, 70-year-old Kathy MacClellan was known as a friendly woman who baked cookies for the neighbors and talked too much.  Nothing about the white-haired MacClellan suggested a capacity for violence. Which is why the accusation she now faces — that she bludgeoned her 84-year-old neighbor to death with a hammer — has come as such a shock to residents here.  Prosecutors are considering whether to make MacClellan one of the oldest U.S. defendants in modern times to stand trial on a capital murder charge.  MacClellan allegedly attacked Marguerite “Tuddy” Eyer with the claw end of a hammer Feb. 7. The victim, who was found in the kitchen of her home a few blocks away from the MacClellan house, told police that “Kathy Mc ... did it with a hammer,” according to court documents. She died 13 minutes after being rushed to the emergency room; the coroner said she had been struck in the head 37 times. Police said they found Eyer’s wallet and checkbook in MacClellan’s house, and MacClellan’s face, hair and orange stirrup pants were covered in Eyer’s blood.  “In the 13 years I’ve been DA, I never saw such brutality,” District Attorney John Morganelli said. “I was shocked when I saw the photos of this woman’s face. It was unrecognizable.”  Prosecutors have told a judge there are two aggravating circumstances that would allow them to seek a death sentence for MacClellan: robbery and torture.  If they go ahead with it, MacClellan would become one of the nation’s oldest defendants, and perhaps the oldest woman, to be tried in a capital murder case since the U.S. Supreme Court allowed capital punishment to resume in 1976, according to the Death Penalty Information Center."  Story . . .   [Mark Godsey]

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