Sentencing for Convicted Child-Killer May Be Delayed By Request for Attorney

Convicted child-killer Thomas Edwards, who insisted on going through the second penalty phase of his trial without an attorney because he did not want anyone to try to save his life, has had a change of heart--at least about having an attorney.

A jury recommended that Edwards receive the death penalty for the 1981 slaying of Vanessa Iberri, 12, of Lake Elsinore. Edwards was scheduled to be formally sentenced Monday morning. But instead, he will ask Superior Court Judge James F. Judge to appoint a public defender to represent him.

That will almost certainly delay his sentencing for at least 60 days to give his new attorneys time to file motions on his behalf.

Edwards was arrested nine days after he shot Vanessa and her friend, Kelly Cartier, 12, also of Lake Elsinore, as the two girls walked along a path at the Blue Jay campground in Cleveland National Forest on Sept. 19, 1981. The Cartier girl survived a serious head wound, but recovered and testified against him.

Edwards was convicted of first-degree murder in 1982. He was represented then by a public defender, who readily admitted to jurors that Edwards had shot the girls. The jury deadlocked, 9 to 3 in favor of the death penalty, forcing a second penalty phase.

Before that penalty trial could be held three months ago, Edwards fired his public defender attorney and asked Judge if he could be sentenced to the gas chamber without a penalty trial.

‘Still Deeply Depressed’

Judge honored Edwards’ request to dismiss the public defender but said the law would not permit Edwards to be sentenced to the gas chamber without the penalty trial.

Edwards told friends and his former attorney, Assistant Public Defender Mike Giannini, that he wanted to die for shooting the two young girls.

But when Edwards was scheduled to be sentenced last week, he told Judge he wanted more time to consult with Giannini, even though he was no longer Edwards’ attorney.

Friday, Giannini said that Edwards wants the public defender’s office back on the case.

But Giannini said that it did not mean Edwards has a change of heart about wanting to die for his crime.

“This whole thing is like a Greek tragedy,” Giannini said. “He most certainly has not changed in that he is still deeply depressed about what he did, and I can’t say he doesn’t still want to die.”

But Edwards was unhappy with his second penalty phase, Giannini said, particularly the fact that the prosecution brought in a a previous girlfriend, Charlotte Tibjlas, to testify against him. Tibjlas, barred from testifying at the first penalty phase on motions by Giannini, testified that Edwards had asked her to help him escape from jail so he could kill his ex-wife and offer her as a sacrifice in a religious ceremony. She also said Edwards repeatedly talked about killing his ex-wife and his ex-wife’s mother.

“He just isn’t satisfied with the way the legal system is handling his case,” Giannini said. “Charlotte’s testimony bothers him a great deal, and I don’t think he was prepared for that.”

Giannini said he told Edwards that if the public defender’s office returns to the case, it won’t be just to hold his hand during his sentencing but to try to save his life.

Working with Giannini would be Deputy Public Defender Richards Schwartzberg, who specializes in writs and appeals.

Technically, Judge does not have to postpone Monday’s sentencing. But it’s almost a certainty, because the prosecution would not want to create any objections that would give Edwards grounds for an appeal.