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Jurors Hear Gruesome Details Of Carjack Killings As Gary Lee Sampson's Retrial Starts

In this 2004 file photo, Gary Lee Sampson, center, is escorted into Hillsborough County Superior Court in Nashua, New Hampshire. (Jim Cole/AP)
In this 2004 file photo, Gary Lee Sampson, center, is escorted into Hillsborough County Superior Court in Nashua, New Hampshire. (Jim Cole/AP)
This article is more than 2 years old.

A lawyer for a man who could face the death penalty for carjacking and killing two Massachusetts men told jurors Wednesday that his brain "has been broken for a very long time," but a prosecutor insisted his brain was his "most powerful tool" in the killings.

The contrast was drawn during opening statements in the sentencing retrial of Gary Lee Sampson, a drifter who pleaded guilty in the carjack killings and the strangulation of a third man in New Hampshire during a week-long crime rampage in 2001.

Sampson was sentenced to death in 2003, but a federal judge granted him a new sentencing trial in 2011 after finding that one of the jurors at his first trial had lied about her background.

Sampson's lawyer, William McDaniels, urged the jury at his retrial to spare Sampson's life and instead sentence him to life in prison. He said Sampson has struggled with traumatic brain injury since the age of 4, when he fell down a flight of stairs, and has received at least a dozen head injuries during his life.

"There's no excuse or justification that Gary Sampson offers for the loss of these valued human beings - these were terrible crimes. There nevertheless is a context of how he came to be where he was in the last week of July 2001," McDaniels said.

At the time, Sampson was a 41-year-old drifter when he returned to his hometown of Abington — about 25 miles south of Boston — from North Carolina, where he was wanted in a string of bank robberies. He confessed to carjacking and killing Philip McCloskey, a 69-year-old retiree, and Jonathan Rizzo, a 19-year-old college student, as well as the killing of Robert "Eli" Whitney in New Hampshire.

Assistant U.S. Attorney Dustin Chao told the jury that Sampson used a pocket knife and a nylon rope to kill his victims, but also used his brain to persuade his victims to give him a ride, to steal their cars, and finally, to convince them he would not kill them. Sampson wore a conservative button-down shirt, slacks and dress shoes when he approached McCloskey and Rizzo -- a "murder outfit" he later admitted wearing so that his victims would let down their guard and trust him, Chao said.

"He outsmarted them all, he outwitted them, he manipulated them," Chao said. "He got them to believe that if you follow my instructions, you will live."

Since Sampson has pleaded guilty, the new jury will only be asked to decide his punishment.

Massachusetts abolished the death penalty in 1984, but Sampson, now 57, was prosecuted under federal law, which allows prosecutors to seek the death penalty when a murder is committed during a carjacking.

Sampson's new lawyers have submitted a list of more than 200 mitigating factors they hope will persuade the jury to spare Sampson's life, including their claim that he suffers from traumatic brain injury and that he is mentally ill.

In an attempt to counter the defense claims, Chao focused on Sampson's mental state during his opening statement, repeatedly describing how Sampson chose victims who were Good Samaritans, willing to give him a ride and trust him.

"They were all trying to do a good thing," Chao said. "In their last moments, Gary Lee Sampson had the power of life and he took it. In their last moments, Gary Lee Sampson had the power of mercy and he had none."

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