Thornton’s Lawyers Seek Delay

Defense attorneys, working to spare convicted murderer Mark Scott Thornton from a death sentence, want to delay the penalty phase of his trial at least one week so they can have more time to prepare, lawyers said Thursday.

Right now, a jury that will decide whether Thornton should be executed for the kidnaping and murder of Westlake nurse Kellie O’Sullivan is tentatively scheduled to begin hearing evidence Jan. 17.

But public defenders would like Ventura County Superior Court Judge Charles R. McGrath to postpone that hearing until Jan. 23, the lawyers said.

Prosecutors said Thursday that they oppose the request for a delay.

“All things being equal, we would prefer not to wait too long,” Deputy Dist. Atty. Peter D. Kossoris said. “The longer you wait, the more chance you have of losing a juror.”

Two weeks ago, the jury found Thornton guilty of first-degree murder and a special circumstance that allows the death penalty to be considered as punishment in the case.

Thornton kidnaped O’Sullivan after she left a Thousand Oaks pet store Sept. 14, 1993. Following a seven-week trial, the jury convicted him of taking the 33-year-old nurse to the Santa Monica Mountains and shooting her once in the chest and twice in the back.

Before the trial, attorneys speculated that the break between any conviction and the start of the penalty hearing would last only about two weeks. Now, however, defense attorneys have told the judge they need more time to prepare.

The request for a delay was made to allow more time to contact the large number of witnesses expected to be called for Thornton’s defense, his attorneys said.

Deputy Public Defender Howard J. Asher said that the judge will also need more time to determine which witnesses can testify during the hearing, which is expected to last four to five weeks.

The Thornton camp wants to put on the witness stand family and friends of the defendant, former teachers, clinical psychologists and other experts in the area of criminal behavior. His lawyers claim Thornton has a mental deficiency and comes from a dysfunctional family.

Prosecutors are expected to counter by presenting testimony about the impact O’Sullivan’s death has had on her family, including her mother and her 6-year-old son. It is not clear whether the mother, Sharlene Cunningham, or the boy, Cliff O’Sullivan Jr., will testify directly.

Kossoris said he could appreciate the defense team’s desire to delay the proceedings, but said he is more concerned with keeping a promise to the jury that the trial would not stretch into March. If the delay is granted, the jury probably would not begin to deliberate Thornton’s fate until late February or early March, Asher said.

“We need some (extra) time also, but I would still rather start sooner than later,” Kossoris said.

But Asher said that the defense might not be able to schedule all its witnesses without the delay or at least some break in the penalty trial, whenever it starts.