Death Penalty Sought in Deaf Slaying

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SIOUX FALLS, S.D. (AP) — Prosecutors filed court papers Wednesday indicating they will seek the death penalty against a deaf woman if she’s convicted of killing or kidnapping another deaf woman.

Daphne Wright, 43, is accused of kidnapping and dismembering Darlene VanderGiesen, 42, in February. Her trial is scheduled to begin Jan. 2.

An autopsy determined that VanderGiesen, who disappeared Feb. 1, was killed by either suffocation or a blow to the head. Wright was arrested Feb. 10 after a search of the basement of her Sioux Falls home yielded bone fragments, muscle and fat that matched DNA taken from VanderGiesen’s toothbrush, according to court papers and testimony.

Wright said she hauled some old carpet and other things from her basement to a Dumpster next to a Kmart days after VanderGiesen disappeared.

Investigators found VanderGiesen’s legs and lower torso in the Sioux Falls landfill. Later, road workers found the rest of her body in a ditch near Beaver Creek, Minn.

Her parents have since buried her remains at her hometown of Rock Valley, Iowa.

In a videotaped police interview shown at a pretrial motions hearing, Wright first said she didn’t see VanderGiesen on the day she disappeared, then said they met at a Pizza Hut where VanderGiesen’s pickup was later found.

Wright went on to say that she and VanderGiesen had fought weeks earlier because Wright, who is a lesbian, suspected VanderGiesen of trying to break up Wright’s relationship with Sallie Collins.

VanderGiesen was heterosexual and was a friend of Collins, Wright said.

The notice of intent filed Wednesday and addressed to Wright and her lawyers told them that if a jury convicts Wright of any one of the three counts against her, prosecutors will ask the jury to consider the death penalty. Otherwise, the maximum punishment is life in prison.

“That the offense was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim,” the document states of conditions needed for capital punishment.

Neither the Minnehaha County state’s attorney nor Wright’s public defender would comment on the filing.

At the earlier hearing, Wright’s lawyers argued that her deafness kept her from understanding her rights, so the videotaped police interview should not be allowed at the trial.

A judge disagreed, concluding Wright did understand her rights and could also follow courtroom dialogue with the help of interpreters and projection screens that display the court reporter’s transcription of the proceedings.

Postings to some Internet sites indicate that deaf people around the country are following the case, since it involves two deaf women.

Wright’s trial will be going on as South Dakota lawmakers debate possible changes to the state’s death penalty laws…..http://www.siouxcityjournal.com/articles/2006/11/16/news/south_dakota/e1c267b8bb