Faces death penalty for slayings of six
A trial that pitted brother against brother in Tucson's worst multiple-slaying case in recent history ended yesterday when a jury convicted Scott Nordstrom in six slayings.
Nordstrom shook his head "no" as the first verdict was read, and remained stoic as he heard the word guilty 11 more times.
After deliberating 10 hours over two days, jurors found him guilty of six first-degree murder charges and six other felony counts related to last year's robberies at the Moon Smoke Shop and Tucson Firefighters Association Union Hall.
Nordstrom faces the death penalty when he is sentenced March 9 by Judge Pro Tem Michael Cruikshank of Pima County Superior Court.
Nordstrom, 30, is the first person in the last 25 years to be found guilty by a Pima County jury of six or more killings.
Nordstrom's mother, Cynthia Wasserburger, broke down in tears but refused to comment as she left the courtroom.
Victims' family members in the packed courtroom released a collective sigh as some fought back tears and others smiled.
"I feel in my heart that it was Scott who killed my sister," said Toni Schneider, whose sister, Carol Lynn Noel, was shot to death at the union hall. "The whole thing is such an unbelievable tragedy."
But while prosecutor David White, police and victims' families said they were relieved with the verdict, they observed their court ordeal is not close to over.
Robert G. Jones, the suspected second gunman in both robberies, is set to go to trial in March on six first-degree murder charges and nine other felony counts.
"(With the verdict) I thought 'Thank God,' " said Teresa Anagnostos, the daughter of union hall victim Maribeth Munn.
"For a second, I thought it was finally over, and then I remembered we had to do it all over again this spring."
Jurors found that Scott Nordstrom executed two people in each of the robberies last year. They also found that under the felony murder law, he is responsible for four other deaths during the heists.
The felony murder law allows prosecutors to charge defendants with first-degree murder if someone died during the commission of a crime.
Jurors decided the evidence showed Scott Nordstrom forced Tom Lewis Hardman, 28, to lie down during the May 30, 1996, smoke shop robbery and shot him twice in the back of his head.
Two weeks later, Nordstrom executed union hall bartender Noel, 50, shooting her once in the head and again in the back, the jury found.
A second gunman - believed to be Jones - killed Clarence Odell, 47, during the smoke shop robbery and Arthur "Taco" Bell, 54; his wife, Judy Bell, 46; and Munn, 53, in the June 13, 1996, union hall robbery.
Nordstrom's defense attorneys said yesterday that the jury convicted the wrong Nordstrom.
The defense team maintained during the trial that the state's chief witness - David Nordstrom - committed the robberies with Jones and framed his older brother to avoid prosecution.
"Take a look at the composite," said defense attorney Richard Bock outside the courtroom, referring to a sketch of a gunman at the smoke shop, 120 W. Grant Road.
The defense argued the sketch looked more like David Nordstrom than Scott Nordstrom.
David Nordstrom, 28, testified last month that he drove the getaway truck in the smoke shop robbery. He agreed to testify against his brother in exchange for prosecutors dropping two first-degree murder charges in the smoke shop robbery.
He pleaded guilty to an armed robbery charge and faces up to 12 years in prison.
Prosecutor White hailed the guilty verdict as a testament to the Tucson Police Department's tenacity in investigating the crimes.
"They (the police) worked like dogs before and during the trial," White said. "The people of Tucson ought to be happy."
He declined to comment specifically about the case, citing the upcoming Jones trial.
Scott Nordstrom's conviction came despite no physical evidence linking him to either robbery.
White's case was largely based on the testimony of three witnesses - David Nordstrom, an eyewitness to the smoke shop robbery and one of Scott Nordstrom's childhood friends.
The eyewitness said she was positive Scott Nordstrom was one of the smoke shop gunmen, while the childhood friend testified Scott Nordstrom plotted as early as 1994 to rob the union hall and kill all witnesses.
But ultimately the one and only person who placed Scott Nordstrom at both robberies was his younger brother.
David Nordstrom approached police in January, saying Jones committed the two robberies and offering to lead police to the two guns used in the slayings.
The younger Nordstrom said he came forward because his conscience was bothering him to the point he couldn't eat or sleep.
He told police about his brother's involvement in the robberies only after he was arrested in the crimes.
Police never found the guns in the pond near Sonoita southeast of Tucson, where David Nordstrom said they were tossed.
Juror Preston Hesterlee said no single piece of evidence or testimony was the deciding factor for the 12 jurors.
Jurors spent most of their time digesting hundreds of exhibits and testimony from 68 witnesses during the five-week trial, he said.
"I think that we all as jurors discussed it, and we came out with a decision," Hesterlee said last night. "We had a lot of notes to look at. We had a lot of exhibits to look at."
Scott Nordstrom's conviction automatically will be appealed. Defense attorney Harley Kurlander said the appeal, in part, may center on admissibility of David Nordstrom's parole records.
White contended David Nordstrom couldn't have committed the robbery of the union hall, 2264 E. Benson Highway, because electronic monitoring records for his house arrest prove he was home that night.
Kurlander also said the testimony of the smoke shop witness, Carla Whitlock, shouldn't have been allowed because she positively identified Scott Nordstrom only after she saw a news broadcast about his arrest.
Kurlander said yesterday that he also plans to argue that Scott Nordstrom shouldn't receive the death penalty because of "residual doubt."
"It's basically a determination by the judge if there may be lingering doubt," Kurlander said.
Scott Nordstrom's father, who was not present for the verdict, refused to comment when contacted at his home last night.
Nordstrom's conviction makes him the first person in Pima County to be convicted of six or more killings since Lary J. Melcher was convicted in 1971 of six counts of vehicular manslaughter.
A year later, a Maricopa County jury found Louis Cuen Taylor guilty of 28 first-degree murder counts in the 1970 fire at Tucson's Pioneer International Hotel.
Two pre-sentencing hearings will be held on Feb. 23 and March 2.
About 20 people gathered last night at the union hall, with some applauding and others calling out victims' names as a television broadcast recapped the guilty verdicts.
"All we want to see is that anyone involved (in the killings) gets what they got coming," said Sue Franklin, a friend of Arthur Bell. "They didn't have to kill those folks."
Franklin gazed at pictures of the four union hall victims on a memorial plaque inside the union hall.
"There's Taco, Judy, Maribeth and Lynn," Franklin said. "They wouldn't want us to abandon this bar. It's a family operation."
She paused for a moment, then gently stroked Bell's photo.
"We got 'em Taco. We got 'em."
