Meegan jury gives up

Karen Zekan and Rachael Levy

Thursday, Sept. 19, 1996 | 11:59 a.m.

James Meegan will not die for killing his baby daughter and burning her in the Arizona desert, but jurors could not agree on how much time he should spend in prison.

The jury failed to reach a verdict Wednesday, giving up when three of the nine members refused to sentence Meegan to life in prison without the chance of parole. The same jury convicted Meegan of first-degree murder by child abuse in August.

"We were getting tied up at exactly the same spot, going over the same concepts and information, literally hour after hour," said foreman Roy Shupe, an elementary school principal.

Jurors said they cried and yelled at each other, one time throwing pictures across the room. They deliberated for 10 hours over two days.

Meegan's fate now will be decided by Clark County District Judge Sally Loehrer or a three-judge panel. A hearing to discuss the method is set for Tuesday.

"The information we needed to totally decide one way or the other was information we didn't receive until after it was all over," Shupe said, referring to Meegan's criminal background, which includes only misdemeanor violations for such things as drug charges, a bar fight and vehicular homicide.

"Without knowing his character, it left doubt in some people's minds."

Francine Meegan was born in January 1989 and was adopted by a California couple shortly after her birth and renamed Danielle Jensen. But when the couple refused to pay more than the cash, house down payment and car they already had given, the Meegans reclaimed their daughter.

Testimony that ultimately led to James Meegan's conviction stated that within a month of Francine's return, the father severely shook the baby when she would not stop crying and she died.

Meegan and his wife drove to a stretch of Arizona desert, doused their child's body with gasoline and set it on fire. The body was found by Prescott, Ariz., cowboys and buried as "Baby Jane Doe."

For five years the baby's identity remained a mystery. But last year a former Meegan family friend alerted Metro Police to her disappearance.

When questioned by police, the Meegans fabricated tales to explain their baby's disappearance, among them that the child was stolen from a casino parking lot.

After his conviction in August, James Meegan attempted suicide by leaping about 10 feet off a Clark County Detention Center balcony and broke his wrist, fractured a heel and his tailbone.

Moments before the jury entered the courtroom at 6:15 p.m. Wednesday, Meegan glanced over his shoulder to his mother and a sobbing niece, and hung his head. He remains in a wheelchair and displayed little emotion as the foreman explained the jury's obstacle.

Defense attorney Anthony Sgro was happy that the jury rejected the possibility of the death penalty. It had been extremely unlikely that Meegan would have received the death sentence after the state recommended against it.

"(Meegan) is still grappling with having been convicted," Sgro said. "That, coupled with his injuries and the fact that he still has a lot of questions, may be why he appeared so quiet."

None of the jurors interviewed expressed any sympathy for Meegan or his wife, Lillian, who pleaded guilty to child abuse and neglect and was sentenced to 18 years in prison.

"I truly do not wish to hear the name Meegan again. (James and Lillian Meegan) are not normal people, they do not live normal lives," juror Mavis McGarry said. "The fact that this jury could not agree is an abomination. This is barbaric. I'm bitterly disappointed."

Juror Lisa Buzan wavered between the two factions, unable to decide on life with or without parole.

"At the time we concluded deliberations, I was still undecided," Buzan said. "I think I could've been swayed one way more than the other. Once it was deadlocked, it didn't make a difference."

But juror Hank Gebbia, who voted for parole, said he could not give Meegan a life sentence without more concrete evidence, such as medical records that explained the cause of death and whether Meegan set out to kill his daughter or snapped in rage.

"As far as I'm concerned (prosecutor John) Lukens blew it for me," Gebbia said. "I didn't like (Meegan). I didn't like what he did. But there was no conclusive evidence as to what happened to the child."

But the Clark County deputy district attorney steadfastly maintains that he put on the best case he could. Though disappointed with the jury for failing to reach a verdict, he refused to criticize.

"Somewhere up above, there is a cherub named Danielle that says this was a good jury," Lukens said. "I told the jury that reasonable minds can differ, and reasonable minds did differ. This is one of the best juries I have come across. They were superb."

All jurors interviewed expressed relief that their role in the trial had ended, and many were struck by how emotionally involved they had become.

"I wanted closure," juror Susan Manville said. "The only tears (James and Lillian) cried were for themselves ... you have no idea how good it feels to finally talk about this."

Juror Brenda Neuhauser said: "I look at my little boy in a different light. Life is precious. Not that I didn't live before him, but kids are the ones in life that suffer."

Shupe said he plans to visit Francine Meegan's grave in Arizona.

"I need to spend time at this child's grave," said Shupe, a father of three children. "I need to get close to her. What (Meegan) did to her was unconscionable to me. If he made a mistake and then sought help for his child, it would have shown humanity. He did not show humanity."