Conviction could bring steep penalty
Published 6:00 am Friday, February 1, 2002
A Brookhaven man is facing a possible life sentence followinghis armed robbery conviction Thursday in connection with the June2000 taking of $53 from a local rental business.
Following a speedy one-day trial, the jury deliberated a littleover an hour in convicting James E. Otis, 43, of of 410 EastMinnesota St., of armed robbery. Jurors had the option of settingthe man’s sentence at life in prison, but they were unable to agreeon that aspect of the verdict and left the sentencing to Judge MikeSmith.
With no physical evidence, the trial focused heavily on thevictim’s identification of the defendant. Based on the casepresented, Assistant District Attorney Diane Jones said the jury’sdecision to convict Otis, but not determine his sentence, was notunexpected.
“The interests of justice have been well-served,” Jones saidabout the verdict.
Public Defender Lesa Baker had no comment on the verdict.
Sentencing was tentatively scheduled for Friday morning.
In an effort to sentence Otis as an habitual criminal,prosecutors are seeking certified copies of the man’s criminalhistory, which includes robbery, kidnapping, grand larceny and somebad check charges. Habitual status means Otis could face a maximumof life in prison without the possibility of parole.
Otis was accused of going to All-Star Rent To Own the morning ofJune 23, 2000, displaying a gun to a store employee and taking $53.He was arrested on the Brookhaven charge after he was stopped inClinton on an unrelated matter.
In closing arguments, Baker suggested the victim had only abouta minute to get a description of the person who robbed thestore.
“She only had a few seconds to see him once she realized he wasthere to rob her,” Baker said.
Baker also questioned the victim’s identification of thedefendant from a group of six police mug shots, which was doneabout a month after the incident. The attorney said other picturesin the lineup did not resemble the suspect’s description, and thevictim only picked the one that most looked like the man whoterrorized her in the robbery.
The victim was one of only four prosecution witnesses, with theothers being police authorities Arlustra “Pap” Henderson, NolanJones and Howard Chandler. Otis did not testify on his own behalfduring the trial, which lasted about two hours.
Following the trial, Jones acknowledged the case was difficultto prosecute because of the lack of physical evidence and thevictim being the only person tying Otis to the crime.
However, she told jurors in closing arguments that the incidentwas not a brief encounter and that the victim was paying “full andcomplete attention” to the defendant.
“From the moment he said, ‘Give me the money,’ his face wasetched in her mind,” Jones said.
District Attorney Danny Smith applauded the verdict. Heindicated the trial signaled that the district attorney’s officewill no longer plea bargain cases involving habitual offenders.