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Killer of Polly Klaas sentenced to death

September 26, 1996
Web posted at: 3:00 EDT

Davis

SAN JOSE, California (CNN) -- The killer of 12-year-old Polly Klaas was sentenced to death Thursday, moments after outraging courtroom spectators by claiming the girl told him her father had molested her.

Judge Thomas Hastings handed down the decision following a day of heated sentencing hearings.

"It is the order of this court you shall suffer the death penalty -- the said penalty to be inflicted within the walls of the state prison at San Quentin, California," Judge Thomas Hastings said.

Earlier in the session, Marc Klaas, Polly's father told the court that failure to impose the death penalty "would allow evil to triumph over good." He finished by saying, "Mr. Davis, when you get to where you're going, say hello to Hitler, to Dahmer and to Bundy. Good riddance, and the sooner you get there the better we'll all be."

Minutes later, Davis addressed the court and suggested Polly's father had molested Polly. icon(17 sec./224K AIFF or WAV sound)

"The main reason I know I did not attempt any lewd act that night was because of a statement the young girl made to me while walking up the embankment (where she was killed): 'Just don't do me like my Dad,'" Davis said.

The shout of "Burn in hell, Davis!" carried through the courtroom. An enraged Marc Klaas then shouted at Davis and was restrained before storming out of the courtroom.movie icon (40 sec./1.5M QuickTime movie) Many in the room broke down in tears.

Davis, 42, was convicted on June 18 of killing Polly after kidnapping her from a slumber party in her bedroom on October 1, 1993. Her disappearance touched off a nationwide search that did not end until Davis led police to the body weeks later.

Jurors found the "special circumstances" -- aggravating factors that make a killer eligible for the death penalty -- of kidnapping, burglary, robbery and attempting a lewd act on a child. That meant only two possible punishments, execution or life in prison without parole.

The jury chose death and Hastings followed its recommendation. No date was set for the execution.

The Associated Press contributed to this report.

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