The gamecock. (Columbia, S.C.) 1908-2006, October 05, 1981, Image 1
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GAMECOCK
LXXI, No. 29 University of South Carolina Monday, October 5,1981
Jury Di
d
By MARK PLATTE
i Editor
After eight days of deliberation, a 16-member Richland
County jury decided Saturday that Donald Ray Perry is
guilty of kidnapping, raping and murdering USC education
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An enraged Perry shouted, "You set me up, you son of a
bitch" to Solicitor James C. Anders after the verdicts were
read and the jury excused. Perry banged his fists on the
defense table as deputies and his attorneys restrained him.
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yelled at Anders as he left the courtroom. Other family
members wept after the verdicts, and defense attorney Ed
Mullinaux embraced Perry.
Circuit Judge Julius Bagett warned the court before the
decision was reached that any outbursts after the reading of
the verdict would be delt with severly.
THE JURY still has to decide starting today whether Perry
will spend his life in prison or die in the electric chair.
The jury was dismissed Friday afternoon after Anders,
Assistant Solicitor Steve Brown, Public Defender Gaston
Fairey and his assitant Mullineaux presented their final
statements Friday morning.
Mullineaux made his statement first, explaining the
history of his role in Pery's defense. "In the beginning, all we
had to go on were arrest warrants, newspaper articles and
what we could get from Donald Ray Perry," Mullineaux
said.
"I didn't know what to expect until his subconsious came
out at the hospital. If you were in that room," the attorney
told the jurors, "you wouldn't have any doubt he hadn't made
up a story."
Mliu JNKAIJX argued that both the car Perrv was driving
and Heimberger's car were at the scene, reasoning that both
automobiles could not be present unless two people were
involved. Perry testified during the trial that his friend Larry
Deloach forced the defendant at gun-point to rape Heimberger
before Deloach shot her three times. Deloach took the
witness stand two days later and denied any involvement.
"Is HnnalH Rav Perrv so stnnid that he'd keen the tzun he
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used to kill this woman and sit and wait for the police to
come?" Mullineaux asked the jury. "He didn't wash his cai
(of red mud caked on his car from the murder scene) or
Defense Attorney Gastor
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throw that gun away because he didn't know what happened.
"Whose got a reason to lie?" asked Mullineaux. "Not
Donald Ray Perry. He was accused of a murder he didn't
commit."
Steve Brown spent one and a-half hours on his closing
suuemem, leiung me jury, "you nave Deen silting in tne
courtroom looking at the most dangerous human being
you've probably ever laid eyes on, but he doesn't look that
way today.
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did he pass (when he claimed he chased Deloach's car more
than nine miles from Richway shopping center to the murder
site in a subdivision of Lincolnshire)?" Brown asked. He said
a reasonable man wouldn't have chased DeLoach without
stopping for help.
Showing the photo of Heimberger's body to the jury several
times, Brown addressed Perry, "I take my hat off to you.
You are many things, but you are not dumb."
"It makes no sense at all," Brown said. "He raped her, he
shot her, he bludgeoned her, put a belt around her neck and
dragged her around like a dog. Then he says, 'I react poorly
under stress, ask my psychiatrists.' Don't walk out of here
after two weeks and let this murderer go," he pleaded with
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When Anders presented his statement, he said he wouldn't
mention DeLoach because "Do Dog (DeLoache's nickname)
is not worth talking about."
"IN 14 YEARS of prosecuting and defending, I've never
heard a story like this," Anders said, calling Perry "animallike"
rather than "child-like."
Gaston Fairey defended his client by saying the charts
taken of the area were inaccurate. He countered that
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car driven in front of the boy's apartment complex at 11:30
p.m. March 5. Perry's sister said her brother arrived at
home at 11:38 p.m. the night of the murder. The two locations
are separated by a number of miles and Perry claimed he
had been digging his car out of mud where it mired in mud at
the murder site.
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* before sentencing. Anders said he expects final arguments to
end today.
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