Case Goes to Jury in Klaas Murder Trial

SAN JOSE â€”  The case against the man accused of killing Polly Klaas went to the jury Tuesday afternoon after lawyers presented opposing theories of what inspired the crime: a pervert’s sick plan or a burglary gone bad.

Richard Allen Davis, 42, was charged with killing Polly after kidnapping her from her bedroom at knifepoint as she played with two other girls at a slumber party the night of Oct. 1, 1993. Her mother, Eve Nichol, was sleeping in a nearby room.

Davis confessed to killing Polly, 12, before leading police to her body Dec. 4, 1993.

Jurors retired for the day shortly after receiving the case and are set to resume deliberations this morning.

“It’s out of our hands,� said Marc Klaas, Polly’s father, moments after Santa Clara County Superior Court Judge Thomas Hastings finished his instructions to the jurors and gave them the case.

If convicted of first-degree murder and any of the special circumstances, Davis would be eligible for the death penalty.

If that happens, a second, probably shorter, trial would be heard by the same jurors, who would recommend either life in prison without parole or death.

Earlier Tuesday, defense attorney Barry Collins told jurors that Davis went to Polly’s house in Petaluma to steal, not to kill. “The tragedy that occurred afterward was exactly that,� he said.

Collins’ hourlong closing argument duplicated his opening statement--Davis is guilty of killing Polly but is innocent of one charge against him, attempting a lewd act on a minor.

Prosecutor Greg Jacobs told jurors that it did not make sense to portray Davis as an inept burglar.

“Please reject his unreasonable interpretation of the evidence,� Jacobs said.

With the concession that Davis did kill Polly, the lewd charge has been key to the pivotal issue remaining in the case--motivation.

The lewd charge was one of four “special circumstances� alleged against Davis. The others are kidnapping, robbery and burglary. He also faces charges of robbery, assault with a deadly weapon and felony false imprisonment involving the other girls in Polly’s bedroom.

It was expected that the issue of motivation--random event or deviant scheme--could be crucial if jurors consider whether Davis should live or die.

Prosecutors have maintained that Davis meant to sexually assault Polly.

They presented witnesses who saw him in Polly’s neighborhood weeks before the kidnapping, bolstering their theory that he stalked her. They also presented testimony from women who were attacked by Davis in a 1976 crime spree, illustrating similarities between those assaults and Polly’s kidnapping.

That proved, prosecutors said, that Davis was following his perverted pattern when he entered Polly’s house and was not--as he told police--�toasted� on drugs and alcohol.