But jurors spared Jonathan Schmitz from life behind bars without parole by convicting him of a lesser second-degree murder charge, rather than the first-degree murder conviction sought by prosecutors.
Juror Joseph Wurm said deliberations concentrated almost entirely on Schmitz's state of mind the morning he shot Scott Amedure. Schmitz shot his gay admirer three days after Amedure revealed a crush on him during a March 9, 1995 taping of the talk show. The show never aired, but was shown in court.
"It was clear from the prosecution's case there was a dead man and Jonathan did the shooting, so what was the individual's state of mind?" Wurm said.
Jurors said a majority had favored a first-degree murder conviction after their first day of deliberations Friday, but the three-day break gave them more time to think about it.
The case had focused on "ambush" television, and Schmitz's lawyers argued that the show misled him into believing he was going to meet the woman of his dreams. They said he was publicly ambushed and humiliated when his secret admirer turned out to be a man.
That, coupled with his history of depression, a thyroid ailment and other problems, left him mentally incapable of forming the intent to commit first-degree murder, his lawyers said.
But Wurm said jurors were swayed most by emotional testimony from Schmitz's father about his son's fragile mental condition.
"That's what this trial is all about," Wurm said.
As for the show's role, Juror Dale Carlington said, "We all felt he had a definite mental problem, ... and the show exacerbated that." And juror Joyce O'Brien said the show "threw him (Schmitz) back into an emotional tailspin."
"Even a sane person might have trouble dealing with all that stuff," she said.
Schmitz's parents testified that their son behaved oddly as early as 3 years old, when he would bang his head against the wall in anger. They said by the time he was 16, he was battling weeks-long periods of depression. He later attempted suicide several times.
The Oakland County Circuit Court jury of seven men and five women deliberated all day Friday and about 2 1/2 hours yesterday before reaching its decision.
Amedure's brother, Frank Amedure Jr., said defense lawyers threw confusion into what he thought was a clear case of murder and said he felt "utter disappointment" at the conviction on a lesser charge. But "I suppose it could have been a lot worse," he said.
Second-degree murder carries a sentence of up to life in prison. Sentencing was set for Dec. 4.
Defense attorney James Burdick predicted that Judge Francis O'Brien would be lenient in sentencing, which could begin at eight years with parole possible after about 15 years in prison.
"I hold out great hope that this judge...understands that Jon was really incapable of forming the general intent to commit second-degree murder or even manslaughter," Burdick said. He said he would appeal the second-degree murder conviction.
Prosecutor Roman Kalytiak said he would seek the highest sentence possible, 25 years to life.
"I think we had a more compelling case with the facts. The defense had a more compelling case with making jurors feel sorry for Jonathan Schmitz," Kalytiak said.
Allyn and Connie Schmitz were devastated by the verdict, Burdick said. The couple declined comment.
Prosecutors contended that Schmitz, 26, of Lake Orion, planned and carried out the slaying of Amedure, 32, of Orion Township.
Show producers denied misleading Schmitz. Jones testified that she knows very little about how her show operates and does her host duties by following scripts she usually receives the night before a taping.
Amedure's brother said his family would press ahead with its $25 million civil lawsuit against the "Jenny Jones Show."
"None of this would have happened if it wasn't for the Jenny Jones Show's exploitation of homosexuality, a sensitive issue, and then exploiting those persons that had difficulty with the tolerance of homosexuality, such as Jonathan Schmitz," he said.
Jeff Montgomery of the Triangle Foundation, a Detroit-based gay rights group that has viewed the shooting as a gay hate crime, said he was satisfied with the second-degree murder conviction.
"The indication is Jonathan Schmitz is responsible and he has to serve some time," he said. "Their verdict says that humiliation and sexual orientation are not reasons to kill."
The jury also convicted Schmitz of felony use of a firearm, which carries an automatic two-year term in addition to any other sentence he receives in the case.
AP PHOTO
Jonathan Schmitz, left, stands with his attorneys, James Burdick, front, and Fred Gibson as the jury enters the courtroom in Pontiac yesterday.