After a long motion hearing convicted spree killer Nikko Jenkins' death penalty hearing started in Douglas County District Court on Monday afternoon.
Jenkins is convicted of killing Jorge Ruiz, Juan Pena, Curtis Bradford, and Andrea Kruger in a 10-day span after being released from prison in the summer of 2013.
The 3-judge panel is made up of Judge Peter Bataillon, Judge Terri Harder of the 10th Judicial District, and Judge Mark Johnson of the 7th Judicial District.
Monday morning, attorneys argued if Jenkins' IQ was high enough for him to even have a death penalty hearing. A test when he was first incarcerated in 2003 suggested his IQ was 69. Nebraska law says if a person’s IQ is under 70 they cannot be executed.
Jenkins himself objected to his own attorney's questioning, and wanted to get right to the 3-judge panel.
“I want to expose this tampering with physical evidence, this perjury that these officers committed before I was ever charged,” Jenkins described.
Judge Bataillon denied the defense’s motion and found Jenkins competent to proceed with the death penalty hearing.
Jenkins insists on testifying in his own defense and Douglas County Public Defender Tom Riley told the judge he may withdraw as Jenkins’ counsel.
“I’m not going to sit here and watch him put a noose around his neck because he doesn’t know what he’s doing,” Riley explained.
Prosecutors say they have the evidence to show Jenkins committed the four murders, and that there are up to 9 aggravators to make him eligible for the death penalty.
They called one witness on Monday before recessing for the evening. The captain from the Nebraska Corrections Dept. in Tecumseh testified about how he was assaulted by Jenkins in 2009 when he escorted him to a family funeral. Jenkins was convicted in that assault.
Judge Bataillon told Jenkins he may give him time to make a statement on Tuesday when court resumes.
