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MARTINEZ — Convicted murderer Edward Wycoff — facing the death penalty for killing his sister and brother-in-law — stopped his nephew Wednesday from making a plea on his behalf that he spend the rest of his life in prison.
Closing arguments began Wednesday in Contra Costa County Superior Court in the penalty phase of the 40-year-old's capital murder trial.
Prosecutor Mark Peterson made his initial argument for death, while Wycoff, who has been defending himself, has testified that he was morally justified in killing his sister and brother-in-law, Julie and Paul Rogers, of El Cerrito, with a knife and wheelbarrow handle Jan. 31, 2006. He said the couple deserved death because of the way they treated him and the way they were raising their three children. His plan was to raise the orphans, Eric, Alex and Laurel.
Eric Rogers, now 21, petitioned the court to let him tell jurors that the majority of his family is against the death penalty, as were his parents, and such a sentence for his uncle would cause them further pain. Wycoff, of Citrus Heights, Sacramento County, was convicted Oct. 27 on two counts of murder with special circumstances.
Though Judge John Kennedy said such testimony has been deemed "irrelevant and inadmissible" by the higher courts, Eric Rogers argued he has the right to speak out under Marsy's Law, a 2008 ballot initiative that gave crime victims a greater voice in legal proceedings. Witnesses are
Eric Rogers did just that Monday, when he testified that Wycoff should receive life in prison because he is "mentally childish" and "immature." His comments, however, were cut short when Wycoff didn't question him further after a prosecutor's objection.
Rogers could have explained his views more thoroughly Wednesday, except that Wycoff objected to his nephew taking the stand based on his contempt for Ted Cassman, a Berkeley attorney representing Rogers for free. Wycoff said he hates Cassman because he didn't return his phone calls.
"I've killed two attorneys for screwing up my family, and this guy is ripping off my nephew," Wycoff said.
Both Julie and Paul Rogers were attorneys.
"He's so mentally ill and lacking in competency he doesn't understand it's not about me, it's about him," Cassman told the Bay Area News Group.
It was the first time Marsy's Law was used as a tool for victims in a capital case in California. Cassman said he expects an appeal will be filed on the issue.
The case resumes today with Wycoff's closing argument, followed by rebuttal arguments by Peterson and Wycoff, respectively.
