Seth Penalver: Condemned To Death By Jury

FLORIDA: Wed, 8 Dec 1999

Seth Penalver deserves to die for the 1994 murders of the owner of Casey's Nickelodeon and 2 others, a jury recommended Monday to Circuit Judge Barry E. Goldstein.

The 12-0 vote was hailed by the prosecution and the victims' families.

"It means there are still some people left in the world who have some common sense," said Deborah Anderson Vance, sister of victim Sharon Anderson.

Although the judge will have the final say, jury recommendations in death penalty cases are almost always heeded.

Penalver, 27, of Davie, was convicted of the 1st-degree home-invasion murders in November, after an 8-month trial. He showed no emotion as the court clerk polled the 11-woman, 1-man jury on the recommendation for death.

Penalver would not allow his attorneys, Hilliard Moldof and Pat Rastatter, to present any evidence from his childhood that might sway the jury to spare his life -- a rare shortcut in one of the longest and most expensive legal sagas in Broward history.

Rastatter has said that Penalver maintains his innocence and did not want to beg for his life or drag his family through the mud.

Goldstein set a hearing for Jan. 21 to take testimony from the victims' families and to give Penalver one last chance to let his lawyers present evidence.

"I urge you, Mr. Penalver, to cooperate with Mr. Rastatter," Goldstein said.

Jurors convicted Penalver, 27, of the 1994 murders of Anderson, Marie Rogers and Casimir "Butch Casey" Sucharski, owner of the popular Casey's Nickelodeon bar in Pembroke Park. Penalver stood accused with co-defendant Pablo Ibar, 27.

Their 1st trial, which lasted 8 months, ended in a hung jury in January 1998. Ibar is scheduled to be retried in February.

Prosecutor Charles Morton told the jury Monday that Penalver deserved to die because the murders in Sucharski's Miramar home were heinous, atrocious and senseless.

"If ever there was a case that deserved the death penalty, this is it," Morton said.

The verdict elicited tears of relief from the families of Anderson and Rogers. Their mothers have said sitting through the trials has been an emotional ordeal, especially listening to constant references to the videotape of the murders. A security camera mounted in Sucharski's living room captured the violent 22-minute encounter.

One of the intruders removed the T-shirt he used to hide his face several times while the tape rolled. Prosecutors allege that was Ibar. The other intruder -- Penalver -- never removed his hat or sunglasses.

Rastatter took one last shot at casting doubt that Penalver was the man on the videotape.

"Show Seth Penalver mercy, just in case he is not the person on that videotape," he told the jury during his brief argument to save Penalver's life.

The prosecution later objected, and jurors were told that their decision, by law, should not be based on lingering doubts.

Margaret Edwards, mother of Marie Rogers, expressed relief that the jurors did not "buy" that argument. Penalver got what he deserved, she said.

"I don't feel sorry for him at all," Edwards said. "I don't think he felt sorry for my daughter and the other 2 people he murdered."

(source: Miami Herald)

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- Feb 2006: Convict granted new day in court