Fourth ‘Death Trial’ Date Set In Guzek Murder Case
The wheels of justice, known to grind slowly, have never been quite where they were Thursday in Deschutes County Circuit Court, where a visiting judge set a June 8, 2009 date for the fourth death penalty sentencing trial of convicted murderer Randy Lee Guzek.
Courts have thrown out, on procedural grounds, all three death penalties imposed on Guzek, now 39, for the 1987 shooting and stabbing murders of Rod and Lois Houser of Terrebonne.
The former Redmond man and now death row inmate’s last legal appeal went all the way to the U.S. Supreme Court, which sent the case back to Deschutes County for death penalty sentencing trial No. 4.
Visiting Lane County Circuit Judge Jack Billings picked a date for that trial midway between the defense request for mid-2010and prosecution request of a trial date next January.
Clatsop County District Attorney Josh Marquis,who prosecuted the first three penalty-phase trials as Deschutes County’s chief deputy DA, also is overseeing the fourth go-round.
He said after the hearing he spent some time with the Houser family, who he said are doing “fine” as the case continues its 21-year course through the courts.
The defense has filed over 50 motions.Billings ruled on two motions Thursday and took the rest under advisement.
Over defense objections, the judge approved the appointment of Marquis to prosecute the case, along with Deschutes County Deputy DA Victoria Roe.
Billings also rejected a defense motion that Guzek have no restraints during the trial. He will have to wear a “stun belt” on his abdomen, but otherwise appeardressed normally, as he did in the 1997 penalty proceedings.
Billings blocked cameras from the courtroom for Thursday’s hearing and apparently isn’t anxious to allow themat the sentencing trial. Marquis said he argued strenuously for the right for the media to be present with cameras.
The defense also wanted to expand a gag order. allowing absolutely no discussion of the case outside the courtroom.
A hearing will be held within 60 days on the defense attorneys’ legal challenge to the constitutionality of the death penalty itself.
The defense filed another motion to prevent Guzek from being sentenced to “true life” without parole, presumably meaning he could be subject to parole at some future date.
Billings set a firm Feb. 1 deadline for all motions in the case, and a Jan. 1 deadline for motions related to the “true life” penalty challenge or a possible change of venue.
