Prosecutor says anti-racists died for a cause

Kim Smith

Friday, Dec. 8, 2000 | 10:39 a.m.

Caught unexpectedly just yards away from a dead body out in the middle of the desert, John Butler tried to cover his tracks. He asked the strangers to call 911.

But then he freaked out when one of the strangers wrote his license plate number in the dirt.

"He said something along the lines of, 'You don't need to do that, I'll give you my pager number," Anthony Harris testified Thursday.

Harris and his father, James, were among a half-dozen witnesses called Thursday, the first-day of Butler's capital murder trial. Butler, an admitted member of the Independent Nazi Skinhead group, is accused of luring two anti-racist men out into the desert and shooting them to death on July 4, 1998.

The Harrises found the bullet-ridden body of Daniel Shersty, 20, underneath his car while riding all-terrain vehicles shortly after 8 a.m. July 4.

The men testified that as they were driving up to the car, Butler and two others came out of the desert waving their hands. Butler asked them to call 911, but said he had to leave because his girlfriend was ill.

It was then that Butler told Anthony Harris he would give him his pager number. He never did and drove away moments later.

Police found the second victim, Lin Newborn, 25, in the same spot from where Butler and the others emerged.

Deputy District Attorney Robert Daskas told jurors during his opening statement Thursday that they have much more evidence against Butler. Not only was Butler seen at the murder scene, but tests proved that his gun was one of the murder weapons.

In addition, one of the two people in the desert with Butler that morning, Joey Justin, will testify that Butler asked him to help dispose of some evidence at the scene, Daskas said.

The other person, Butler's girlfriend, Melissa Hack, is believed to be one of the girls the victims told friends they were going to party with the night of July 3.

They will also hear from a number of people to whom Butler bragged of the murders, Daskas said.

Newborn, who was black, and Shersty, who was white, died because of racism, Daskas said.

"I believe it was Andrew Young who said that it's a blessing to die for a cause because you can die so easily for nothing," Daskas said. "Daniel Shersty and Lin Newborn lived, and ultimately died, for a cause."

Deputy Special Public Defender Joe Sciscento told the jurors that Butler is guilty of stupidity, but not of murder.

The evidence will show, Sciscento said, that he went to the murder scene to help out his girlfriend's brother. It was a friend of the brother who actually committed the crime, he said.

"All of the chapters have to be read before you come to a conclusion," Sciscento told the jurors.