Murderer May Evade Gas Chamber : Witness’s Hypnosis Puts Jury’s Death Verdict in Doubt

Thomas Edwards has stated repeatedly that he wants to be executed for shooting two 12-year-old girls, killing one of them, in the Cleveland National Forest four years ago.

But now prosecutors are concerned that a new development uncovered by defense lawyers could jeopardize the death verdict a jury handed Edwards four months ago.

The key witness against him at his penalty trial, former girlfriend Charlotte Tibjlas, was hypnotized before her testimony, defense attorneys have discovered. State Supreme Court rulings over the past three years have eliminated most testimony that has been enhanced through previous hypnosis on the grounds that such testimony may be unreliable.

Murder Case Affected

Among the first cases affected by that ruling was a murder case prosecuted by Deputy Dist. Atty. John Conley, who is Edwards’ prosecutor.

Tibjlas had been hypnotized without Conley’s knowledge.

Before the appellate rulings, the suggestion to hypnotize witnesses most often came from the police or the prosecution to help witnesses recall events. Tibjlas had undergone hypnosis--twice--with a therapist on her own.

The public defender’s office, which now represents Edwards, believes that it has another strong argument for dropping the death verdict. The prosecution was allowed to seek the death penalty after Edwards’ first jury agreed that he had been “lying in wait” for the two girls. His lawyers say new appellate court rulings have narrowed the definition of “lying in wait” enough to eliminate it from the Edwards case.

‘Pretty Big Headaches’

Conley is far from conceding defeat. But, he said, “We’ve got a couple of pretty big headaches here. Especially on the Charlotte question.”

Edwards, 41, has admitted that on Sept. 19, 1981, for reasons never explained, he killed Vanessa Iberri and wounded Kelly Cartier, two friends from Lake Elsinore, as they walked along a path near the Blue Jay Campground. He was arrested in Maryland nine days later.

Two years ago, a jury convicted him of first-degree murder. But the jurors deadlocked 9 to 3 in favor of the death penalty. At the time, Edwards was represented by Mike Giannini of the public defender’s office.

Edwards fired Giannini after that and asked the court to give him a death sentence. Superior Court Judge James Judge refused Edwards’ request but did allow Edwards to represent himself at his new penalty trial held in June.

It was at that point--without Giannini present--that Conley brought Tibjlas to the stand.

Tibjlas told the jury that Edwards had once plotted to kill his ex-wife and his former mother-in-law, and that he was involved in a religion called Sadoma in which killing people was ecstasy.

Prosecutors considered her testimony important because Edwards had no previous criminal record that they could point to as aggravating factors that would tip the scales in favor of a death verdict.

Conley said Thursday that some jurors later told him that they did not consider Tibjlas’ testimony critical. But Giannini and his colleague, deputy public defender Richard Schwartzberg, point out that at Edwards’ first trial, without Tibjlas, Conley had failed to get a death verdict.

Judge has several options when he considers the issue on Nov. 4. He can order a new trial, as the public defender’s office requests; he can order a new penalty phase, or he can let the second jury’s death verdict stand.

Conley is not ready to say what he expects to happen. So far, the Supreme Court rulings have applied to hypnosis requested by police. But it may not matter, Conley said, who ordered the hypnosis.

Conley said it may be that issues Tibjlas discussed under hypnosis were not directly related to things she testified to. But Giannini and Schwartzberg have an affidavit from Tibjlas stating that some subjects she discussed under hypnosis were later brought up in testimony.

Edwards reportedly still wants a death verdict and wants the public defender’s office to set the record straight about things he claims Tibjlas made up. But Giannini says his goal is to spare Edwards from the gas chamber. Prosecutors and investigators have questioned whether Edwards is being honest in statements to friends about his death wishes.