|William "Seth" Denmark, accused of murdering teen David Beach in 2006, will go to trial, a plea agreement presented to him by Prosecutor Rocky Holmes and Denmark's defense attorney Barbara Schamberger has been dropped.|
Judge David W. Nibert did not accept the plea deal, at which time Denmark become enraged.
During a rapid sequence of statements, including several from Denmark, the plea deal went down the tube after prosecutor Holmes made a motion to continue the hearing, saying, "Issues need to be worked out."
In August, Denmark agreed to an Alford-type plea which means he agreed to plead guilty without admitting to the crime.
Denmark, against the advice of his attorney, angrily said, "I did not kill my friend and I'm not going to testify against somebody who put me in jail, for saying something I didn't do."
"The only person Veronica Cottrell, they wanted me to testify against the only known witness against me..." Denmark continued.
Much of the case against Denmark appeared to rest on testimony given by Denmark's alleged girlfriend (Cottrell), who said she witnessed Beach's death and burial.
Denmark said, "I didn't kill my best friend and there's no f--cking deal. After three years there is no evidence against me. I did not kill my best friend and I will go to trial and there is no deal."
Judge Nibert indicated the plea deal was complicated, and one problem was a lack of closure for Beach's mother.
Schamberger said, "Every-time we come to court (they) keep trying to get evidence that doesn't exist."
Judge Nibert stated issues he had regarding time already served by Denmark, related to a sentence.
Prosecutor Holmes told Spencer Newspapers, "This way he (Denmark) serves a flat 10 (years)," but it was unclear regarding whether or not two and one-half years of time served would count in the sentencing.
The case against Denmark has been muddled, primarily because of the lack of forensic evidence regarding the crime, although officials said in a complaint that evidence provided by the Smithsonian had new forensic information and confirmed a .38 caliber bullet was found in the grave and other samples indicating a human body was once at the site.
The failure to find Beach's remains is a key factor in the case.
Denmark had been incarcerated two years in March, 2012, before he was indicted for Beach's murder. "I'm asking for mercy," said Denmark at the time, citing his long incarceration.
Jackie L. Denmark has filed a civil rights suit against Cpl. D.B. Starcher in U.S. District Court. In her complaint, Denmark, 58, alleges Starcher arrested her two years ago for the sole purpose of getting her son to disclose the whereabouts of David Wayne Beach III.
Jackie Denmark and her husband William had been charged and served jail time on multiple offenses related to the alleged crime.
Those charges were dropped.
Judge Nibert set a trial for Feb. 26, 2013.