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Oceanside Transient Convicted of Killing Girlfriend’s Mother

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TIMES STAFF WRITER

A 24-year-old Oceanside transient was convicted Wednesday of the first-degree murder of his girlfriend’s mother in October, 1988, and now faces either the death penalty or life in prison without the possibility of parole.

The Vista Superior Court jury deliberated two days and decided that Kurt Michaels murdered JoAnn Clemons of Escondido under special circumstances: lying in wait, for financial gain and during the commission of a robbery or burglary. The woman was asleep in her apartment at the time she was stabbed to death.

The jury will return to Superior Court Judge J. Morgan Lester’s courtroom Monday to begin the penalty phase of the trial.

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The prosecutor alleged that Michaels killed the 41-year-old woman so her daughter could collect her life insurance. The jury agreed, and also convicted Michaels of both burglary and robbery.

Michaels, a former Marine who served as his own attorney but had the help of an assisting attorney, admitted he killed Clemons--but argued that it was to prevent the woman’s continued physical and sexual abuse of her daughter, Christine. The younger woman backed up Michaels’ story in her testimony.

But Michaels insisted he is not a candidate for the gas chamber.

Because of a gag order, neither Michaels’ assisting attorney, Mark Chambers, nor the prosecutor, Jeff Brodrick, would discuss the verdict.

For her role in the killing, Christine Clemons, 18, pleaded guilty to second-degree murder and was put in the custody of the California Youth Authority until she turns 25.

A third defendant in the case, 20-year-old Darren Popik, was convicted in December of first-degree murder for his part in the slaying and was sentenced to life in prison without possibility of parole.

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