The Los Angeles Times du lieu suivant : Los Angeles, California • Page 391

A28 THURSDAY, NOVEMBER IS, 1990 SD I.OS ANGI-U-S TIMES the "essence of Elisabeth Broder Bring the Warmth of Wood to Your Home for the Holidays BRODERICK: Case to Jury ick" but the "essence of the entire case," showing her to be "selfish and cruel," even to her children, wnn ainorma uassics Matching mncti ratio Doors Windows Wells said. In March, 1989, Betty Broderick i4HSS bought a gun, according to testi mony. To believe that, after all the threats, the killings seven months Solid, Blcmisli-frcc Red Oak or Fir Handcrafted wilh California Classic Care Meet or Exceed ASTMNWWDA Standards Made Wilh Pride in the U.S.A. later were the product of a sudden liir- li. i and rash impulse required a belief mm Sir; 'I GardciiiiffiSBt Windows in Betty Urodencks testimony, Wells said.

But Betty Broderick, Wells said, was the "most incredible uncredi- II. Die person you will ever come Bay, Bow, across in your life." CALirORMACIASSICS uoumc i-iung, aiming and Casement Windows Styles of Elegant Entry Door Systems Repeatedly, Betty Broderick Sliding French Doors changed her story about where she found the keys she used to enter 'Not all products or sizes available at all dealers lor holiday Installation. See your nearest listed dealer lor local availability. LOS ANGELES Marina Sash Door 4943 McConnell Ave Daniel Broderick house, saying variously that she found them, her maid found them or she didn't SAN PEDRO BigC Lumber 957 N. Galley SI.

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"She's awfully selectively for getful," Wells said. (213)821-6640 ONTARIO Door Crafters 2211E.4lhSt. (714)980-2537 SANTA MONICA Benchmark 3100 Airport Ave (213)313-7274 Earley, however, said the keys CANYONCOUNTRY EL MONTE Woodcraft Horizon Sash Door 21021 ISoledadCyn103 10812LowerAzusa 805 254-4000 (818)444-3030 TORRANCE RNA Builders Supply 1854W.205lhSr (213)533-6186 made no difference in the case, since, wherever they came from, they proved only that Betty Brod' WESTLAKE VILLAGE Conejo Hardwoods 31275LaBavaDr. (805) 497-0025 618) 889-0487 erick had the intent to enter her Continued from Al murder in the Nov. 5, 1989, deaths of her ex-husband and his second wife.

She could be sentenced to life in prison without parole. The case, which has aroused extraordinary attention in San Diego, drew an overflow crowd Wednesday to the county courthouse that included civics students from El Cajon Valley High School. Defense attorney Jack Earley said Wednesday that, as Betty Broderick testified, she did not intend to kill anyone but herself that morning. She sought only to talk to Daniel Broderick when she stole into his house, then crept into his bedroom before dawn, Earley said. Daniel Broderick, who was 44, was a leading medical malpractice lawyer and a former president of the San Diego County Bar Assn.

Linda Broderick, who was 28, was his office assistant. After 16 years of marriage, Daniel and Betty Broderick separated in 1985. During their bitter divorce, which was not final until 1989, she accused her husband of cheating her out of her fair share of his seven -figure annual income. The Brodericks' bitter divorce had made her feel "immense emotions" of anger, rage and depression, Earley said. Betty Broderick stepped into the bedroom and encountered another rush of emotion because, for the first time, she saw her ex-husband in bed with his new wife, he said.

She fired her gun, but not in a cold and calculating way, Earley said. Instead, she was at the mercy of her emotions, "out of control," like a "boat without a rudder," he said. "Her act was one of craziness, one of emotion, one that should never have happened," he said. Both lawyers were emotional themselves during their closing arguments, raising their voices often and gesturing frequently to the jury. Betty Broderick, however, wrote notes to her attorney and, for the most part, sat impassively with her chin in her hand, looking away from the jury.

San Diego Superior Court Judge Thomas Whelan said he would instruct jurors today on their five options in the case first- and second-degree murder, voluntary and involuntary manslaughter, and not guilty on any charges. After the instructions, jurors are due to begin deciding the case Though Whelan had said earlier that he was not sure whether to offer the option of voluntary manslaughter in the death of Linda Kolkena Broderick, he said Wednesday that he would offer it. Provocation is the key to voluntary manslaughter and, according to the defense, Linda Kolkena Broderick frequently had provoked Betty Broderick. First-degree murder means the killing was premeditated or considered beforehand while second-degree lacks that deliberation. Voluntary manslaughter means a killing was committed after a sudden provocation.

Involuntary manslaughter describes a killing that occurs while doing something else without due caution. Earley did not suggest to jurors which level of liability was the correct one in the case. He said only that they, should make the "right decision," keeping in mind the -emotional turmoil that Betty Broderick found herself in after the nasty divorce. Wells, however, was unequivocal. "The law," she said, "does not allow a person to charge into other people's homes with a loaded gun, to confront them, catch them totally off guard, unprotected, helpless, and kill them both, and then say, 'But gosh, I didn't really mean it.

I shouldn't be She's responsible for murder, period." Betty Broderick's claim that she wanted to confront her ex-husband was "hogwash, absolutely hogwash," Wells said. "There was no way she truly expected Daniel Broderick to talk to her about the divorce after being confronted at 5:30, 6 in the morning in his bedroom." If she did want to confront him, Wells said, why, before she fired, didn't "she say, 'Hold it, I want to talk to you'? Why wasn't there a confrontation if she wanted a confrontation?" Defense lawyer Earley maintained that Betty Broderick assuredly did have the intent to commit suicide in the bedroom, saying that a suicide sparked by a divorce is not uncommon. But Wells said "there was no way" Betty Broderick contemplated suicide. "If she did that, clearly Dan and Linda would have won," Wells said, since Betty Broderick "knew that's what they wanted." For years, Wells said, Betty Broderick had threatened to kill her ex-husband and his new wife-leaving a threat in a message on his answering machine in 1986, confiding in a court mediator in 1987, scrawling in a diary in 1988 and telling a housekeeper in 1989. In 1987, she even told one of the couple's four children that she "hated Daddy" and wished "he'd just die." In that conversation, taped between Betty Broderick, and her son, Danny, then 11, she repeatedly called Daniel Broderick and Linda Kolkena vulgar names.

Other testimony at the trial showed that Betty Broderick had left numerous messages on her ex-husband's machine in which she routinely called him and Linda Kolkena obscene names. The tape with Danny, Wells said, truly revealed not only Twice the Fun Half the Price! Now, we have twice as many stores, all completely remodeled so they're twice as nice to shop! But that's not the half of it! Our selection's better than ever so you can get all the famous name and designer lingerie you want at prices that are secondto none! And right now, you'll find a whole lot of lingerie at less than half the price! Dept. stores Now Panties 10 1.99 Camisoles 18 1.99-6.99 Teddies 5.99-10.99 Bras 5.99-15.99 Sleepwear 5.99-12.99 Robes 100 15.99-35.99 Selection may vary by store. ex-husband's house on Nov. 5 and no more.

Like the keys, Wells' focus on the vulgar messages Betty Broderick left on her ex-husband's answering machine was misguided, Earley said, because they did not prove an intent to kill. As for the vulgar names, he said, "I don't even think that in the case of 2 Live Crew there was more time spent on those issues than in this court," referring to the rap group acquitted last month in Florida of obscenity charges. There was "no good excuse" for Betty Broderick's conversation with her son, Danny, Earley said. But there was "no reason for the jury to look at it and make a moral judgment and, based on that moral judgment, say she should be convicted of a crime," Earley said. Since Daniel Broderick made the tape intending to use it at the divorce trial instead of comforting his son, the more important issue, Earley said, was what the tape said "about a man who hears that distress but says, 'My job as a lawyer, making cases, overrides any other concern I Other planks in Daniel Broderick's case against his ex-wife involved telling her she was crazy, calling her fat and ugly, keeping her in suspense about weekend visits with the children, and repeated contempt citations during the divorce case, Earley said.

Earley said that Daniel Broderick was the one who embarked on a campaign a plan of "crazy-making behavior" that left his ex-wife in "the throes of emotions." Betty Broderick admits firing the fatal shots, Earley said. But "there was no premeditation and deliberation in this case. This was not the act of someone who wants to be the princess and the victim." Free holiday parity! 1 lust bring in this coupon and this festive $6 value Is yours free I wlthanypurchasellimitonepercustomerioflcrgoodthrough -TTe II I 1 iwvcuiLrci luuiuy. cotton Ftannel stare once LINGERIE FOR LESS Now, 11 locations for your convenience! Opening in San Dimas and Torrance on December 1 st! WEST LOS ANGELES, 2245 S. SepulvedaBlvd; FAIRFAX THIRD.

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