Jury to decide Bailey’s fate

Bill Gang

Tuesday, Aug. 6, 1996 | 11:59 a.m.

The jury in the trial over the brutal slaying of a Pizza Hut manager has the choice of two alleged killers.

Prosecutors asked the jury during closing arguments Monday to convict Pizza Hut employee Larry Bailey of first-degree murder based on the damning testimony of fellow employee Don Green.

But defense attorneys alleged that Green, who gave conflicting statements to police after the April 21, 1995, incident, is the actual killer.

Jury deliberations in District Judge James Brennan's courtroom began today in the case that could result in the death penalty for Bailey if he is convicted.

Deputy District Attorney David Schwartz reminded the jury that several witnesses testified how Bailey repeatedly threatened to kill Rennie "Sean" Wells because of an ongoing dispute.

Schwartz recalled that one witness remembered Bailey saying, "I want to choke the s--t out of him. I want to feel the breath go out of him."

Wells, however, actually was killed by several blows to his throat that caused his voice box to swell and cut off his air supply.

Schwartz said that marks left on the victim's neck are believed to have come from Bailey's Nike running shoes, which sat prominently on the prosecution table during closing arguments.

Defense attorney Lew Wolfbrandt said that Green had a gambling problem and witnesses saw him gambling for hours after the robbery and slaying of the restaurant on Rancho Drive near Bonanza Road.

Green had testified that he witnessed the murder by Bailey, who was a close friend, but didn't report it to police because he feared the defendant.

He said he watched Bailey attack Wells and then stomp on his throat repeatedly.

Schwartz conceded that Green was "no hero" because he originally withheld information about the late night slaying but said the jury should believe him because he finally came forward.

The prosecutor said Bailey had a wife and three children to support and was involved with several other women, but only had a low paying job.

"The defendant was a walking time bomb," Schwartz said. "He was drinking and had marital problems, money problems and attitude problems."

He said the 31-year-old defendant had frequently voiced his resentment at having to take orders from the 20-year-old victim.

"The killing was very, very personal," Schwartz argued as he showed the jury the photographs of Wells' body. "Sean Wells was killed by someone who hated him."