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Arizona Daily Star from Tucson, Arizona • Page A011
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Arizona Daily Star from Tucson, Arizona • Page A011

Location:
Tucson, Arizona
Issue Date:
Page:
A011
Extracted Article Text (OCR)

TUCSON REGION All After 20 years on death row, he's free Tuesday, June 30, 2009 ARIZONA DAILY STAR Plea deal releases him after '81 convictions tossed due to competence, defense issues Murtrey, if incompetent back then, was unable to assist in his defense at the time of the trial and incompetent to testify, Unklesbay said. Leonardo could not have given McMurtrey any more than 21 years on the murder charge because that was the maximum sentence at the time of the slayings, Unklesbay said. The manslaughter charge could have been run consecutively, but the judge opted not to do so because McMurtrey has remained out of trouble since his release from prison five years ago, Unklesbay said. The defendant also has health issues. McMurtrey has been living in South Carolina, but he has been monitored by Pretrial Services the entire time.

Contact reporter Kim Smith at 573-4241 or kimsmithazstarnet.com. address McMurtrey's right to a new trial within 180 days. The 9th U.S. Circuit Court of Appeals allowed prosecutors to appeal Nielsen's ruling after all, but as a sanction for missing the original deadline released McMurtrey from prison. The 9th Circuit ultimately upheld Nielsen's ruling and granted McMurtrey a new trial.

Rick Unklesbay, chief trial counsel for the Pima County Attorney's Office, said McMurtrey was allowed to enter a plea agreement for two reasons. The majority of the witnesses in the cases have died, Unklesbay said, and doctors would have had to try to determine McMurtrey's mental status 30 years ago. If doctors had ruled McMurtrey was incompetent at the time of the slayings, Unklesbay said he would not have been al- By Kim Smith ARIZONA DAILY STAR A 57-year-old Tucson man who spent more than 20 years on death row before having his conviction overturned entered a plea agreement with prosecutors Monday and is a free man. Jasper McMurtrey pleaded guilty to second-degree murder and manslaughter in the 1979 deaths of Albert Hughes and Barry Collins. In Pima County Superior Court, Judge John Leonardo sentenced him to 21 years on the murder charge and a concurrent 10 -year sentence on the manslaughter charge and gave him credit for time served.

According to court documents, McMurtrey, Hughes and Collins were in a Tucson bar arguing about how tough they were. They arm-wrestled, bit and chewed glass, and showed off Harley-Davidson tattoos. McMurtrey left the bar, returned with a revolver, killed Hughes and Collins, and wounded a third man. During his 1981 trial, Mc-Murtrey's lawyers argued self-defense and insanity. McMurtrey's convictions were overturned in March 2003 after U.S.

District Judge Frem-ming Nielsen found questions about McMurtrey's competence during the trial as well as ineffective assistance from his attor -neys at that time. The Arizona Attorney General's Office appealed but failed to DAVID SANDERS ARIZONA DAILY STAR 2004 In a Tucson bar, Jasper McMurtrey argued about how tough he was and showed it by arm wrestling and by chewing glass, documents say. what happened that day. The transcripts would be inadmissible because Mc lowed to use trial transcripts outlining McMurtrey's and the dead witnesses' accounts of READER-SUBMITTED PHOTO PIMA COLLEGE PARTNERSHIP Deal lets students pursue bachelor's degrees online AVAILABLE DEGREES Bachelor's degrees offered by Eastern New Mexico University to Pima Community College students Nursing Business administration Applied arts and sciences Applied arts and sciences with a concentration in aviation science Applied arts and sciences with a concentration in emergency medical services Applied arts and sciences with a concentration in hospitality management Science with a major in aviation science Occupational education with a major in professional technical education Welcome to the jungle Daniel Manrique sent us this photo of a squirrel monkey peering from the foliage in Bolivia, but he didn't stop there. He also sent photos of arachnids, insects, reptiles, amphibians, birds and mammals, including more primates that he found in Bolivia and Peru.

Do you have photos from your travels that you'd like to share with the photos. We're looking for your best photos for our online galleries. So whether you want to share images from UA or high school sports events or a shot of Arizona's wildlife, we want them all. Just go to Nj go.azstarnet.comgalleriesto upload your pictures. By Aaron Mackey ARIZONA DAILY STAR Pima Community College students will be able to pursue bachelor's degrees in nursing, aviation science and a handful of other specialties under an agreement announced with Eastern New Mexico University on Monday.

The agreement guarantees PCC students who graduate with an associate's degree admission into Eastern New Mexico, where they can complete bachelor's degree requirements online and pay tuition that is much lower than the cost of attending one of Arizona's three public universities. While PCC has similar agreements with 10 other institutions, including the University of Arizona and Prescott College, the transfer plan with Eastern New Mexico is groundbreaking in how it will help students obtain bachelor's degrees, said PCC Chancellor Roy Flores. Given that many students who obtain associate's degrees from PCC work or can't take classes during the day, the online opportunities offered by Eastern New Mexico should give students the flexibility to complete their degrees on their own schedule, he said. "People's lives are complicated, and collaborating with Eastern New Mexico University is a great option for people in Pima County who have daytime commitments," Flores said. The New Mexico institution is a regional university based in Portales, roughly 90 miles northeast of Roswell, N.M., and just west of the Texas border.

With two other campuses in the state, the university has about 9,500 students. Perhaps even more important than the flexibility offered by online courses, the degrees will be less expensive than similar degrees offered by the UA, Arizona State University and Northern Arizona University, Flores said. Because the agreement calls for COMMUNITY CALENDAR PCC transfer students to be treated like residents of New Mexico, the students would pay the state's resident tuition rate. Transfer students who enroll part time at Eastern New Mexico would pay the resident rate of $148 per credit hour. The UA, by comparison, charges in-state students $302 per credit hour plus about $170 in fees.

On top of the part-time tuition price, Eastern New Mexico will offer 50 spots each year for PCC students who want to pursue bachelor's degrees from the institution full time. Those students would pay $3,352 per year, compared with the $6,842 tuition and mandatory-fee bill UA students will pay this fall. The agreement is a great opportunity for students to receive a fully accredited bachelor's degree at a low cost, said Steven Gamble, president of Eastern New Mexico University. "They are online, they are inexpensive and they are high-quality," he said. Contact reporter Aaron Mackey at 807-8012 or amackeyazstarnet.com.

learn about the plants and animals that call the Sonoran Desert home. Best suited for children ages 5-12 accompanied by adults. a.m. July 1. Free.

615-7855. Sabino Canyon Summer Story Time Sabino Canyon Visitors Center, 5700 N. Sabino Canyon Road. Children accompanied by an adult will learn about roadrunners, listen to stories, do crafts and have other activities. a.m.

July 1. The Story Time is free; $5 entry fee per vehicle. 749-8700, Ext. 0. Find more calendar listings online at dailystarcalendar.com comedy.

7 p.m. June 30. discounts available. 886-9428. WEDNESDAY Senior Health and Welfare Town Hall Carondelet St.

Mary's Hospital, 1601 W.St. Mary's Road. U.S. Rep. Raul Grijalva, will be joined by health-care, government and social services officials for theforum.

There will bea session after the panel discussion. 10:30 a.m. -noon July 1. Free. 622-6788.

Experiencing nature through the senses Woods Memorial Library, 3455 N. Fi rst Ave. Use you senses to thegaslighttheatre.com and enteryourfavorite Gaslight memory. Contest runs through July 2. Winnerwill be announced July 3.

Free. 886-9428. Texas Hold'em Taco Bron, 6910 E. Tanque Verde Road. Win prizes.

21 and older. 7 and 9:30 p.m. June 30. Free. 722-4302.

"High School Musical" Catalina Foothills High School, 4300 E. Sunrise Drive. The cast consists of middle and high school students from the Tucson area. 1:30 p.m. June 30.

$8. 209-8454. "The Freedom League of America" The Gaslight Theatre, 7010 E. Broadway. Family-friendly superhero TODAY Freedom From Hunger campaign Interfaith Community Services, 2820 W.

Ina Road. Food drive. Bring nonperishablefood items and cash donations. 9 a.m. -4 p.m.

Free. 297-2738, Ext. 222. Home seller's workshop: hot properties Long Realty Co. Foothills office, 4051 E.

Sunrise Drive, Suite 101. Interactive workshop gives homeowners ideas and strategies for preparing a home for sale. Reservations required. 6-7 p.m. June 30.

Free. 331-1086. Staycation contest The GaslightTheatre, 7010 E. Broadway. Goto Bus Schools Closed Friday.

University of Arizona and Pima Community College Campuses will be closed Friday. Motor Vehicle Division Offices will be closed Friday. The Broadmont office, 3565 S. Broadmont Drive, which runs on a Tuesday-through-Saturday schedule, will be closed Saturday. Emissions Closed Saturday.

Savings of more than WHAT'S CLOSED Services affected by July 4 holiday City garbage and recycling The city of Tucson's garbage and recycling collection will not be affected by the Fourth of July holiday Saturday. The Los Reales Landfill will be closed Saturday. For information, call Environmental Services at 791-3171 or go to www.tucsonaz.govesd County garbage and recycling Collection for Waste Management customers will not be affected. For more information, call the customer service line at 744-2600 or at 1-800-796-9696. Other companies Several other companies collect trash outside Tucson.

Call your collection company to confirm their Fourth of July schedule. City, county, state and federal offices Closed Friday. Sun Tran buses will operate on a Sunday schedule Friday and run on their regular schedule Saturday. For more information, call 792-9222 or go to www.suntran.com Post office No delivery Saturday. Several branches will close at noon Friday.

For more information, call the customer service line at 1-800-ASK-USPS or go to www.usps.com Pima County Public Library All library locations will be closed Saturday. Book chutes will be open for customers to return items, and online resources will be available at www.library.pima.gov El Rio branch and library administrative offices will be closed Friday. Banks Closed Friday. Lowest Prices in Town! Highest Quality! LOTTERY Drawings for Monday, June 29 Cash 4: 7, 20, 26, 11 Pick 3: 4, 8, 5 Pick 5: 17,26, 28,33,34 Lottery information: 325-9141 Online: www.arizonalottery.com.

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