Death penalty no option in California girls’ 1973 killings

This photo provided by the Yuba County Sheriff's Department shows Larry Don Patterson and William Lloyd Harbour, who were arrested by authorities in Oklahoma on Tuesday, Sept. 13, 2016, on charges related to the 1973 slayings of Valerie Lane, 12, and Doris Derryberry, 13, in Yuba County, Calif. (Yuba County Sheriff's Department via AP)
This photo provided by the Yuba County Sheriff's Department shows Larry Don Patterson and William Lloyd Harbour, who were arrested by authorities in Oklahoma on Tuesday, Sept. 13, 2016, on charges related to the 1973 slayings of Valerie Lane, 12, and Doris Derryberry, 13, in Yuba County, Calif. (Yuba County Sheriff's Department via AP)

SACRAMENTO, Calif. (AP) — Two men charged with murder in the shotgun slayings of two young girls made their first court appearances Wednesday, but the lead prosecutor said they can’t face the death penalty because it wasn’t an option when the girls were sexually assaulted and killed more than 40 years ago.

The district attorney in Yuba County, California, filed six counts of murder against 65-year-old cousins William Lloyd Harbour and Larry Don Patterson, who both lived near the victims in Olivehurst, California, when they were killed in November 1973.

Related Content: DNA match brings arrests in California girls’ 1973 killings

Harbour pleaded not guilty at his arraignment in California on Wednesday, said Deputy District Attorney John Vacek, while Patterson was ordered held without bond in Oklahoma.

Patterson said he intends to waive extradition back to California to face charges in the deaths of 12-year-old Valerie Janice Lane and 13-year-old Doris Karen Derryberry, said officials there.

The girls’ mothers first reported them missing as runaways on Nov. 12, 1973, after they failed to return home overnight from a shopping trip to a mall in nearby Linda.

But the Yuba County Sheriff’s Department was notified a few hours later that their bodies had been found along a dirt road in a wooded area near Marysville, north of Sacramento, where they had been shot at close range with a shotgun.

The case went cold decades ago, Yuba County authorities said, until a state forensics lab matched DNA from the two suspects to semen from both men found on Derryberry.

The six murder charges — three for each of the victims — include one count each of premeditated murder, one count of murder committed during a rape or attempted rape, and one count of murder committed while molesting a child.

But they won’t face the possibility of execution, District Attorney Patrick McGrath told The Associated Press.

The case must be tried under the law as it existed in California in 1973, he said in an email: “During that time, the death penalty was not available in California, so the death penalty is not under consideration.”

The most the men could face is a life sentence, but the law then provided that they could be considered for parole after serving seven years, McGrath said. The death penalty wasn’t reinstated until 1977.

Vacek said the girls’ families had little reaction when they were told Tuesday that the death penalty wasn’t an option. “I think they were just kind of overwhelmed with the information they were being provided, so that was just a piece of it,” he said.

Harbour was set for his next court appearance on Oct. 19, when Vacek said prosecutors hope to have both men back in Yuba County. Public Defender Brian Davis was appointed Wednesday to represent Harbour, but declined comment.

Investigators in the 1970s carefully noted each of the more than 60 people they interviewed, Vacek said, and the suspects’ names never came up.

They considered Patterson after he was charged in 1976 with raping two adult women in nearby Chico, Vacek said, but found no link until the DNA match decades later.

Detectives at the time “had done pretty much a bangup job in doing a thorough investigation,” Vacek said. “To not have run across these guys is a little surprising, I guess … We’re reasonably confident there was nothing to connect them to the crimes at the time.”

___

Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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