The evidence
presented to the jury is set forth in the district
court's opinion:
The victim, Misty Largo, was a
homeless teenager who had been living in Portland
for 6 to 12 months at the time of her death.
On July 25, 1992,
defendant, along with Greg Wilson and two other men,
drove to an area under the Marquam Bridge where
Largo then was living. Defendant and Wilson were
concerned that Largo was spreading rumors about
Wilson's having stabbed someone.
The group found Largo and
escorted her back to their vehicle at knifepoint.
They drove to defendant's house. Defendant took
Largo into the house, also at knifepoint. Many
people were there. Largo was taken into a back room.
Wilson instructed several of the people present to
hit Largo in the face, and they did. Largo was kept
in the back room, where she was repeatedly
interrogated and slapped.
The next day, defendant and
Wilson left the house and told others in the house
to make sure that Largo did not leave. When
defendant and Wilson returned later that day, Largo
was interrogated and slapped for several hours. Then
she was taken again to the back room. At some point
that evening, Wilson, in defendant's presence,
decided that he would kill Largo.
Largo was tied to a wheelchair.
Wilson and defendant first tried to kill Largo by
poisoning her with a glass of water in which they
had dissolved a nitroglycerin pill. When that act
failed to kill Largo, defendant found a plastic bag
and placed it over Largo's head. After about five
minutes, Largo was still breathing. Defendant then
located a piece of speaker wire and wrapped it
around Largo's neck.
Defendant and Wilson took turns
choking Largo with the speaker wire for five to ten
minutes. Still not convinced that Largo was dead,
Wilson hit Largo on the sternum and throat. She 'gurgled
and choked and stopped breathing.' After Largo died,
defendant said that he would dispose of her body.
Defendant and Michael Leon Stanton, another man at
the defendant's house, left with the body. Defendant
later said that he had hit Largo twice in the head
with a splitting maul and that he and Stanto[n] had
stabbed her in the heart.