Luis Aguirre Murder Trial in Manhattan Kansas Sentencing July 12, 2012

Tomorrow at 9:00 a.m. Judge Wilson will give the jury their instructions and the State and the defense will give final statements. The the jury will deliberate the sentence.



Aguirre lawyer Mr Wicks on right more HERE


Today was the third and final day of testimony regarding mitigating factors. Before i share some of that with you,
First, let me share some of the comments written in the past few days on this blog from acquaintances of Mr. Aguirre:

"...Luis was not a product of his environment rather he made a decision and acted it on. He was a person who "made it out", but as far as Tanya and Juan he just couldn't get away from that so he calculated and planned and waited until he had a chance to do away with them. What about Tanya and Juan-- no one got to sit and tell Luis the night he killed them how much they meant to the family or what kind of people they were and how much they would be missed, he took things into his own hands and ended their life...."


another comment stated:
"...It was a Difficult Community? Humboldt Park, Chicago? Let's See, Beatriz Santiago-Newly Appointed Judge, raised in Humboldt Park, Chicago. Mike Oquendo, successful comedian, from Humboldt Park, Chicago. Jaslene Gonzalez, from Humboldt Park, Chicago. Doctors, Lawyers, Policemen, Firemen and Countless other people who I know Personally, most of which I went to the same impoverished schools with, from Humboldt Park, Chicago..."
and another:

defense lawyer Frieden on left more HERE

"...He knew what he was doing, poverty and abuse did not lead him to do this. He was a happy and accomplished person and to try and make excuses and put blame is only a bigger slap in the face of those who where affected. Instead of standing up and saying Yes I did this, I am sorry, this is what happened and why, he is still making excuses lying, saying look at me and what a victim i was..."

Yesterday, Several witnesses gave taped testimony from Chicago regarding Luis' relationship with 2 of his (living) children. They all indicated that they felt he was a good father, that he could continue to be a good role model if he were in prison. For details, see Katherine Wartell in the Mercury HERE or read KMAN Tom Reust HERE
One thought that continues to pop up for me is the lack of a call to 911. No matter how one tries to spin this tragedy, i would like those who love and defended him to speak to how a "thoughtful" "nice" "smart" man who is such a good father and so caring, could bury two bodies in a shallow grave.
Could ignore his own child's needs, and when threatened to be forced to take care of the child, pick up his child and young woman in the middle of the night and bring them to Ogden Kansas. Dead less than a day later. He buries them and is gone. How is that explained??

Today, there were two witnesses. The first was a forensic psychologist who had evaluated Luis.

Forensic psychologist Dr. George Athey testified that his battery of tests indicated some slight brain dysfunctions, but no blatant diagnoses or overwhelming tendencies toward initiating violence.  Dr. Athey did indicate that Luis seemed to show a tendency to answer in ways to show himself in a good light-- "virtuous responding"--was somewhat self-critical and showed some signs of acute stress over time.
One point he made, that Luis seemed to show sadness or remorse at the deaths of Tanya and Juan, was challenged by Barry Wilkerson on cross-examination.
Mr Wilkerson pointed out the self-serving nature and duplicitous tendencies of Mr. Aguirre. He brought up several examples of his lies and revisions during the course of the investigation. He brought up the fact that most of the face-value manifestations from Mr. Aguirre turned out to be false.

The most important finding in my opinion was about how Luis might respond to verbal threat or abuse or attack; Tanya's final email comes to mind.

Tanya's final email to Luis Aguirre was angry, confrontational, demanding--exactly what the psychologist indicated might be a provocation or stressor to violent reaction.

Dr. George Athey also testified that Luis showed a tendency to restrict his experience of emotions, to put them away; that there were signs of arrested development in processing emotional stimulation.


I suppose this is sadly, how many children who have suffered the demeaning and hurtful treatment described by family members, respond.
That is, they take the saddest emotions, the horror of being abused by the very ones who should love them best, and bury the anguish.
How else to go on? This is how dissociative disorders develop, how depression begins, this is the source of many troubles in adulthood, and why the BURYING of pain is not healthy.
But burying the pain is often the only option available to children.
They want to survive.
"Where there is no compassion,
let there be no judgment..."



Asst. Atty. Gen.  Barry Disney

The final witness was an assistant to the Defense attorneys. She testified that she and Luis had become close while he was incarcerated. A couple months ago, he wrote her a many- many-page letter which she read aloud in court today. He wrote about his life in great detail. I imagine it was a way to testify and make himself human without taking the stand. He spoke of his great losses. One sentence was given to Tanya and Juan, his 13-month old son. That he "lost them"...



At one point he wrote (in the context of hanging in there, about his learning in life, his experiences, etc. ) that
 "not one bit do i regret..."

holy cow. I wrote that line down.

On the cross examination, Barry Disney asked her about it-- something like,
Do you think he has any regrets?   or   DO you think there isn't ANYthing he regrets? -

She did not have an answer.