A man whose second-degree murder verdict was overturned by the Utah Supreme Court was found guilty of second-degree murder in his new trial.
John Henry Maurer, 40, faces sentencing March 30 before 3rd District Judge Michael R. Murphy, who ruled Monday that the evidence was sufficient to support the state's original charge.A jury five years ago convicted Maurer of second-degree murder for the Jan. 31, 1985, death of his fiance, Janet Hannan, 29, whom he stabbed in the back with a butcher knife .
But the high court overturned the conviction last March, saying the jury was likely inflamed by a letter Maurer wrote more than a month after the killing.
In the letter, sent to the victim's father, Maurer said he enjoyed watching the woman die.
During the new trial, conducted without a jury last week, defense attorney Stephen McCaughey argued that the homicide was committed while Maurer was suffering extreme emotional distress caused by Hannan's actions in terminating the relationship.
McCaughey asked that the charge be reduced to manslaughter.
But Murphy ruled that Maurer's actions were not a reasonable response to the distress.
According to testimony, Maurer had gone to Hannan's apartment the day of the homicide to retrieve his belongings. His close friend, Michael Bickley, who was then dating Hannan, arrived a short time later.
At one point, Hannan went into her bedroom while Bickley remained in the kitchen drinking orange juice.
"Maurer goes into the kitchen, grabs the biggest knife he can find, sneaks down the hall and stabs her in the back," said prosecutor Kent Morgan.
"It was a surprise killing. There wasn't a confrontation," Morgan said. "There was no indication of screaming or yelling of any kind until Bickley tried to call for help and Maurer tried to stop him."
Second-degree murder carries a possible sentence of one to 15 years in prison, and McCaughey said he will ask Murphy to sentence Maurer to one to 15.