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Man Convicted of Murdering Aged Mother : Courts: Jury must now decide if he was insane at time of suffocating her.

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TIMES STAFF WRITER

Jurors convicted a San Clemente man Tuesday of first-degree murder, but now must decide whether he was insane when he killed his 76-year-old mother.

Clifford L. Burgess, 45, has pleaded not guilty by reason of insanity in the Sept. 6, 1992, suffocation of Mary Burgess.

The Orange County Superior Court jury deliberated about four hours Tuesday before convicting Burgess of murder based on evidence that included fresh scratches on his face and a blood splatter linked to the victim, according to prosecutor Carolyn Kirkwood.

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The jury must reconvene today to begin hearing evidence about Burgess’ mental state at the time of the killing. Defense attorney Jack Earley said the evidence will show Burgess has a history of depression and had intended to kill himself when he decided to also kill his mother so she would not be left with no one to care for her.

“He loved his mother very much, they had lived their whole lives together,” said Earley. “He wanted to be with her in heaven.”

After killing his mother, Burgess slashed his wrists but did not die. Several hours later, he called police, who arrived at their house and found Mary Burgess’ body.

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