11/4/2009 3:33 AM
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Jury: Man guilty in students' slayings

By Linda M. Ritzer, Staff writer, lritzer@observer-reporter.com

This article has been read 1434 times.

A Washington County jury will begin hearing evidence today as it deliberates whether a Pittsburgh man should receive the death penalty for the 1999 murders of two Franciscan University students.

The jury of nine women and three men on Tuesday found Terrell Yarbrough, 29, guilty of two counts of first-degree murder in the execution-style killings of Brian Muha, 18, of Westerville, Ohio, and Aaron Land, 20, of Philadelphia. The two were kidnapped from their off-campus apartment, robbed and driven to a hillside near Route 22 in Robinson Township, where they were shot.

Yarbrough's co-defendant, Nathan "Boo" Herring, still faces trial here.

Both men were convicted in Ohio in 2000 for the murders. Yarbrough received the death penalty, while Herring was sentenced to life in prison. However, the Ohio Supreme Court overturned the convictions because the killings occurred in Washington County, necessitating the retrial before Judge John DiSalle.




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When asked if justice had been served, Land's mother, Kathleen O'Hara, responded, "Yes. Ten years, and finally we have justice," while thanking the jury.

The jury deliberated for about seven hours before being sent home late Monday. They returned Tuesday and deliberated for about an hour before reaching the verdict. Yarbrough also was found guilty of two counts of conspiracy to commit murder.

Yarbrough showed no emotion as the verdict was read. However, several members of Muha's family wiped tears from their eyes.

The jury will return today for the penalty phase of the trial. The prosecution will present aggravating circumstances in the crime that it believes justifies the death penalty, while the defense will present mitigating circumstances in arguing for a life prison sentence.

When asked if she wanted Yarbrough to receive the death penalty, O'Hara said, "I'm not as clear as I thought I would be on that. I think he should be punished to the fullest extent of the law, but I'll leave it up to the jury.

"Does a dead body balance the scales of justice?" she continued.

"Terrell has yet to show one ounce of remorse for this," O'Hara said, adding that his defense that he was acting as a lookout for Herring and a third man "is not the action of a remorseful person."

Muha's mother, Rachel Muha, said the jury "came up with the right verdict" and spoke about how hard it was to have to "dredge up all the horror Brian went through."

"There's no such thing as closure," she said as she stood with Brian's younger brother, Chris Muha. "You learn to live with sadness and living without Brian."

However, she does not want Yarbrough to receive the death penalty.

"We believe it's best for Terrell to spend the rest of his life in prison, hopefully thinking about what he did and asking for forgiveness."

Muha said she has forgiven Yarbrough, "but to forgive someone isn't to say he shouldn't be punished. We don't have hatred toward him, but the deep sadness that somebody would do that to someone else is what we live with."

District Attorney Steven Toprani said he was pleased with the verdict. He would not discuss the aggravating circumstances the prosecution will present at the penalty phase. Even though the mothers of the two victims have reservations about the death penalty, Toprani said, "We still have an obligation." Defense attorney Ken Haber declined comment until the trial is completed.



Related articles:

No verdict reached in Yarbrough trial

Robbery victim: Yarbrough acted as 'protector'

Former FBI blood analyst takes stand in double murder trial

Detective testifies on day two of murder trial

Ex-student testifies about 1999 escape


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2 comments

THE LAW ; : 11/4/2009
THIS LOOK'S like the tide is turning in washington county for the better for all concered .

ng

THE LAW : 11/4/2009
My heart just breaks for Mrs. Muha. I will pray for you and your family. I will also pray for Mrs. O'Hara and maybe she will stop grandstanding and making money from her son's murder.


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