Father of murder suspects offers alibi

Kim Smith

Tuesday, Dec. 19, 2000 | 10:41 a.m.

The father of two people implicated in a double murder case told jurors that the third suspect was eating at his house at the time of the slayings.

Jacob Hack took the stand Monday during the capital murder trial of John Edward Butler, 28.

Prosecutors believe that Butler, a self-described Nazi skinhead, shot Daniel Shersty, 20, and Lin Newborn, 25, to death on July 4, 1998. They've alleged that the victims, who were anti-racist skinheads, were lured to a desert area north of town by Butler's girlfriend, Melissa Hack.

Jurors learned Monday that Melissa Hack's brother, Ross Hack, is also considered a suspect.

Defense attorneys told jurors during opening statements that Butler and Melissa Hack are guilty only of picking up evidence left at the scene by a friend of Ross Hack.

They admit that Butler lied when he initially told police the only reason he and Melissa Hack were found at the scene of the slayings was because they were looking for a place to shoot off fireworks.

Deputy Special Public Defenders Joseph Sciscento and Bret Whipple contend that a friend of Ross Hack, Daniel Hartung, committed the murders. They believe Hartung was upset with Newborn, a black man, for flirting with at least two white girls.

Neither the Hacks nor Hartung have ever been charged in the case.

On Monday Jacob Hack testified that Butler and his daughter were eating at his kitchen table around 1:30 a.m. July 4 -- the estimated time of the slayings. Even after he went to bed around 2 a.m., Jacob Hack said he could hear the couple in his daughter's bedroom across the hall.

Several other defense witnesses have placed Butler at his brother Lonnie's house at roughly the same time.

Under cross-examination, Jacob Hack told Deputy District Attorney Robert Daskas he never went to the police with information about Butler's "alibi." When asked why not, he never gave a direct answer.

Jacob Hack also said he was unaware that his children and Butler were members of a skinhead organization, adding several times that he strongly "disapproves" of such things.

When he was shown a picture of a tattoo on his daughter's ankle, Jacob Hack disagreed with Daskas' assertion that it said "skinhead" in part.

"I don't read that as skin," Jacob Hack said, adding he didn't know what it said.

Jacob Hack also denied taking part in discussions about fireworks, despite the fact that his wife, Jean Hack, also told police that Butler and her daughter were only out in the desert July 4 looking for a perfect fireworks spot.

In addition, Jacob Hack told Daskas that his son Ross was definitely not home when he got up at 7:30 a.m. July 4. That contradicts Butler's assertion that Ross Hack awakened him at the Hack home on that morning pleading with him to help him pick up evidence Hartung left behind at the murder scene.

Jacob Hack said Ross has been in Europe since shortly after he was named a suspect. He also said his wife has been subpoenaed to testify in the case, but would not say if she was going to respond to it.

He was not allowed to answer when asked if Melissa Hack has been subpoenaed. He said she was at home.

Both sides were expected to present their rebuttal witnesses today, and closing arguments could be held as early as Wednesday.

If convicted, Butler could get the death penalty.

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