A convicted double-murderer who mutilated the body of one his victims and tried to throw authorities off his trail by framing the dead man for the second killing was sentenced to death Friday by an Orange County Superior Court judge.
Jurors recommended in January that Wozniak be sentenced to death.
Herr’s father, Steve, had his wife and eight veterans, some of whom served in combat with his son in Afghanistan, join him as he told Orange County Superior Court Judge John Conley about the effect his son’s death had on him.
“I could talk for hours about our love for Same from the day he was born,” Herr said. “For me, Sam was not just my son, he was my best friend.”
Herr read a letter from his son’s troop commander, who detailed the victim’s leadership skills.
“He possessed an unmatched ability to operate independently under harsh conditions,” the troop commander wrote.
“This is the man who you, Dan, brutally murdered and dismembered,” Herr said as Wozniak intently stared back, leaning slightly over in his chair. “So you could have a great honeymoon and pay off some debts. You are a coward and a poster child for the death penalty.”
Herr lashed out at Wozniak’s attorney, Scott Sanders, for raising the issue that Sam Herr once faced murder charges himself but was ultimately acquitted in Los Angeles County, claiming the defense attorney did it “just to get back at me” for complaining about delays in the trial.
Sanders “uses the legal system to advance his own agenda,” Herr said. “But the jury got it right. My only regret is this state won’t let me kill this coward myself.”
Julie Kibuishi’s mother, June, told Wozniak, “You took advantage of my daughter’s kindness. You took her precious life just as a decoy.”
Wozniak also intently stared at June Kibuishi, but did not otherwise react.
“To you, my daughter was just a decoy, nothing else. You had absolutely no reason to take her away from us,” June Kibuishi said. “On that day (her daughter died) my heart was ripped apart. I felt indescribable pain. Why? What did she do to you? How could you do something like that to my baby? My daughter was the most caring friend and I am very proud of her for that.”
June Kibuishi said that throughout the six years of legal proceedings she did not see any indication Wozniak felt remorse.
“I got to see you coming out to court, smiling for the cameras, enjoying being the center of attention,” June Kibuishi said. “Did I ever see any remorse? No. You’re not worthy of being called a human being.”
If there was a punishment worse than the death penalty, Wozniak should receive it, June Kibuishi said.
“We’re happy for these family members that justice was finally done,” Senior Deputy District Attorney Matt Murphy said after the hearing.
Earlier Friday, Conley denied a defense motion for a new trial and refused to dismiss the death penalty as a potential sentence based on claims of government misconduct in the case. Conley also dealt a tongue-lashing to Wozniak’s attorney, Sanders, for filing a 132-page motion during his arguments this morning.
Noting that he had denied Sanders’ motion for a delay in sentencing two days ago, the judge asked, “Isn’t this just an attempt through the back door to get the continuance you wanted?”
Sanders explained that his filing was a response to prosecutors’ criticisms of the defense attorney and that he was told to file it if he wanted. Conley ruled that the filing be “stricken,” but it will be part of the record for an appeal.
Sanders again argued that the Orange County Sheriff’s Department engaged in outrageous government conduct in the handling of jailhouse informants, particularly Fernando Perez, who heard Wozniak make incriminating statements. But Perez was never a witness in the trial, since Wozniak had already confessed to Costa Mesa police and Perez’s information was redundant and not useful to prosecutors, Senior Deputy District Attorney Matt Murphy argued previously.
Sanders also argued that Murphy has made “inconsistent” arguments in the separate cases against Wozniak and his fiancee at the time, Rachel Buffett, who was charged as an accessory after the fact. The defense attorney also argued that a police lieutenant testified that Buffett should have been charged with murder.
Buffett is awaiting trial.
Conley, however, said while there was evidence that Buffett may have known about the murders there wasn’t enough evidence to show she did anything to help Wozniak kill the victims.
Conley went over the gruesome details of the killings, including how Wozniak lured Herr to a Los Alamitos theater to shoot him in the back of his head and then, with help from a 16-year-old accomplice he “tricked,” he used the victim’s ATM card to withdraw money from Herr’s bank account. Then he went on stage in Huntington Beach to perform in a play.
After the play, he went back to the crime scene and began hacking off the head and arms of the victim to impede the investigation, Conley said.
The next day, he used Herr’s phone to lure Kibuishi to Herr’s Costa Mesa apartment, where he shot her and then pulled her pants down to make it appear Herr had raped and killed her, Conley said. The judge noted Wozniak’s use of the internet to research how to get away with the murders.
Wozniak then returned to the stage and “again he looked fine,” Conley said.
Conley also noted that it took jurors about 79 minutes to return a verdict of death.
Conley said it was “unclear” how much of a role Buffett played in the killings, but it didn’t matter because Wozniak was the one who carried out the murders and dismemberment.
Conley also denied an automatic motion to reject the jury’s recommendation of death.
Wozniak was deep in debt in May 2010, facing eviction and without money for his pending wedding, when he concocted the money-acquisition plan to kill his neighbor, Herr, and throw police off the trail by making it look like Herr murdered and raped Kibuishi, Murphy argued at trial.
Wozniak, who grew up in Long Beach, further tried to confound investigators by dismembering Herr and dumping the body parts in the El Dorado Nature Center in Long Beach, Murphy said.
— City News Service