Tulsa World: Doctor: Confessed killer competent to seek death penalty

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Doctor: Confessed killer competent to seek death penalty

DEFENDANT
Joshua Muller: He pleaded guilty Sept. 23 to two counts of first-degree murder in the July 2007 fatal shootings of Leah Harris-Fuqua, 12, and Derriko Ross, 16. He also pleaded guilty to shooting with an intent to kill in relation to the wounding of Sheridan Rand, then 12. Muller has said he doesn't want anything to prevent him from getting the death penalty, a defense lawyer says.

By BILL BRAUN World Staff Writer
Published: 11/24/2009 2:21 AM
Last Modified: 11/24/2009 5:11 AM

Confessed child-murderer Joshua Muller wants the judge who will decide whether he gets the death penalty to learn about his work performance.

Lawyers agreed Monday that at Muller's request, Tulsa County District Judge Clancy Smith will be provided information concerning his ability to function in a daily work environment. Muller was a truck driver.

He has indicated that he wants the death penalty, and his competency to waive his right to the presentation of mitigating evidence is at issue. His lawyers have said Muller has a history of mental illness dating to 1985.

A sentencing trial for Muller, 35, of Tulsa, was interrupted Oct. 28 when he instructed his lawyers not to present mitigating evidence.

Such evidence relates to a defendant's moral culpability and is typically offered in a capital case in an effort to have a defendant spared from the death penalty.

Based on Muller's action last month, Smith ordered a competency evaluation in accordance with procedural requirements mandated by the state Court of Criminal Appeals. Dr. Shawn Roberson, a forensic psychologist, evaluated Muller and indicated that he was competent.

Lawyers agreed Monday to accept that report for court purposes, without requiring testimony from Roberson.

The judge has not ruled on the issue of Muller's competency.

Smith scheduled a Dec. 18 court session, when she could make legal and factual findings. Depending upon those findings, Smith could sentence Muller that day.

Without any agreement with prosecutors to block the possibility of death sentences, Muller waived his right to a jury trial and pleaded guilty Sept. 23 to two counts of first-degree murder in the July 22, 2007, fatal shootings of Leah Harris-Fuqua, 12, and Derriko Ross, 16.

Muller has said he doesn't want anything to prevent him from getting the death penalty, according to Chief Public Defender Pete Silva.

The other sentencing options for first-degree murder are life in prison, with or without the possibility of parole.

Muller also pleaded guilty to shooting with an intent to kill in relation to the wounding of Sheridan Rand, then 12.

She survived the gunshot wounds she suffered when Muller fired a rifle into a parked vehicle occupied by the three shooting victims, police said.

The shootings happened about 3 a.m. in a parking lot in the 1900 block of North Lewis Avenue.

After a manhunt, Muller surrendered to law enforcement officers in southwestern Oklahoma on July 25, 2007.

Bill Braun 581-8455
bill.braun@tulsaworld.com By BILL BRAUN World Staff Writer

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	Report Comment NE Oklahoma Girl, NE Oklahoma (11/24/2009 8:18:40 AM) If the man wants the death penalty, we shouldn't deny him. If they don't give it to him, they'll waste lots of money on trials, etc and then once he gets thrown in jail, someone will probably kill him there. Why don't we save some time and money and give him his wishes.
	Report Comment forkandknife, Tulsa (11/24/2009 9:31:38 AM) Burn him.
	Report Comment E.R., (11/24/2009 5:35:11 PM) His last words will probably be "Dang! Never try reverse psychology with this crowd."
	Report Comment A Tulsan, (11/24/2009 8:20:58 PM) Hey Dusty, execution should take place within like 30 minutes...why wait??
	Report Comment H_Harl, (11/25/2009 9:08:48 AM) in my opinion, this creep shouldn't live to see thanksgiving.
	Report Comment ~MyGoodness~, OKC (12/1/2009 11:52:38 PM) Two 12 year olds and a 16 year old were sitting in a car at 3 in the morning? That's odd,but what's even more odd was the fact that the man walked up and shot at them. What's the full story?

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