A Los Angeles jury recommended the death penalty Friday for a man dubbed "The Boy Next Door Killer" after he was found guilty of two murders and an attempted murder.
The victims of Michael Gargiulo, 43, included 22-year-old Ashley Ellerin, who was killed on a night in 2001 when she had plans with actor Ashton Kutcher.
He testified during the trial that he arrived late for his date with Ellerin, looked into her house when there was no answer at the door, and saw what he thought were wine stains before leaving.
Michael Gargiulo, right, listens along with his attorney Daniel Nardoni, left, as the death penalty sentence is announced during his trial in Los Angeles Superior Court for the killings of two women and the attempted murder of a third, on Friday, Oct. 18, 2019. (Mario TamaPool Photo via AP)
Gargiulo showed no reaction as the court clerk read the death sentence at the brief hearing. Jurors also could have recommended life in prison with no possibility of parole.
His attorney Daniel Nardoni said outside court that he was angered and disappointed by the decision.
"You don't kill people that are mentally ill," Nardoni said. "It's just a matter of humanity. There's a different kind of punishment for the mentally ill. It's called life without parole."
Michael Gargiulo, right, listens to his sentencing as his attorney Daniel Nardoni, left, looks on as the death penalty is announced during Gargiulo's trial in Los Angeles Superior Court for the killings of two women and the attempted murder of a third, on Friday, Oct. 18, 2019. (Mario TamaEPA via AP, Pool)
Defense attorneys and a psychologist said in court that Gargiulo has dissociative personality disorder, formerly known as multiple personality disorder.
Prosecutors, who did not talk to reporters after the hearing, called Gargiulo "The Boy Next Door Killer" because he lived near all the victims.
He also was convicted of the 2005 murder of 32-year-old Maria Bruno and the 2008 attempted murder of Michelle Murphy, who testified during the trial's penalty phase that she lived in fear for years after the attack.
Murphy fought when she was attacked in bed in her Santa Monica apartment. Authorities said Gargiulo cut himself and left a trail of blood that allowed prosecutors to tie him to the other cases, including a 1997 killing in Illinois for which he is still awaiting trial.
Murphy was also a key witness during the first phase of the trial.
"In the days, weeks and months after it happened, I barely even slept," Murphy testified. "I feared the nighttime and going to bed. I still slept with the lights on for a long time."
Gargiulo's attorneys contended that other men committed the murders of Bruno and Ellerin. They conceded their client had attacked Murphy but said he was in a "fugue state" because of his personality disorder and did not know where he was at the time.
All three women were attacked in their Southern California homes when Gargiulo lived nearby and watched his victims. Ellerin become an acquaintance before the attacks.
Ellerin's mother and other victims' family members also testified during the penalty phase.
When she learned about the death of her daughter, Cynthia Ellerin said, "I fell to my knees on the floor and started crawling around the bedroom on my hands and knees like an animal, screaming."
"I ache for her," Cynthia Ellerin said. "I ache to hold her. I ache to hear her voice, to hug her. But that's not going to happen."
Gargiulo's 16-year-old son also took the stand, asking jurors for mercy and telling them he needs a father who is alive.
After the jury's decision was read, Superior Court Judge Larry P. Fidler ordered Gargiulo to return for formal sentencing on Feb. 28, when he will also consider motions for a new trial or a reduced sentence.
California has not executed anyone since 2006, and Gov. Gavin Newsom earlier this year halted executions for as long as he is in office.
Courts have been proceeding on the assumption that executions may one day resume.
The case received extra attention because of the connection of Kutcher, who was a 23-year-old rising star on "That '70s Show" when Ellerin was killed.
He testified in May that he feared he might become a suspect after going to Ellerin's home.
"I remember the next day after I heard about what happened, I went to the detectives and said, 'My fingerprints are on the door,'" Kutcher testified. "I was freaking out."
The defense asserted that Ellerin was killed by another man who was romantically linked to her and was jealous that she was about to go on a date with the actor.
Follow AP Entertainment Writer Andrew Dalton on Twitter: https://twitter.com/andyjamesdalton.
OKLAHOMA CITY (AP) — Luka Doncic limped around the court, often grimacing as he played through a sprained right knee and a bloodied left knee.
His shooting stroke was unaffected. He had 29 points, 10 rebounds and seven assists to help the Dallas Mavericks beat the Oklahoma City Thunder 119-110 on Thursday night and even the Western Conference semifinals at one win apiece.
“I think that was one of the hardest games I’ve had to play,” Doncic said. “I’m battling out there trying to do my best to help the team win.”
The Thunder held Doncic to 19 points on 6-for-19 shooting in Game 1. He made 11 of 21 field goals in Game 2. Throughout, he had frequent conversations with the officials — enough to draw the ire of Thunder fans, who booed him and directed chants his way.
“That’s great for me," he said. “I love it.”
P.J. Washington added 29 points and 11 rebounds and made 7 of 11 3-pointers for the Mavericks. He averaged 12.9 points in the regular season.
“I thought P.J. set the tone," Dallas coach Jason Kidd said. "We played through him a little bit in the post and I think that sparked him. He was big for us tonight.”
Kyrie Irving added nine points and 11 assists for the No. 5-seeded Mavericks, who host Game 3 on Saturday after taking home-court advantage from the top-seeded Thunder.
Doncic expects the Thunder to be prepared.
“They have great players," Doncic said. "They have great chemistry, great team. And it’s going to be tough. It’s going to be a fight till the end. So, just much respect to Oklahoma (City), but it’s big time we won this game.”
Shai Gilgeous-Alexander had 33 points, 12 rebounds and eight assists, and Jalen Williams added 20 points for the Thunder, who lost for the first time in the postseason and allowed more than 100 points for the first time in their six playoff games.
The Mavericks played with desperation, just like they did in the first round when they beat the Los Angeles Clippers in Game 2 and took home court from them.
“I feel like it was a must-win game for us,” Washington said. “And those games, I feel like are where we play our best.”
Doncic made his first three shots and scored eight points in the first three minutes to help Dallas take a 13-2 lead. He scored 16 points on 6-for-8 shooting in the first quarter, but the Thunder had the play of the quarter. Oklahoma City inbounded from under the Dallas goal with 1.4 seconds left. Jaylin Williams threw it long for Chet Holmgren, who caught the ball while defended by two Mavericks in traffic, turned around and hit a long 2-point jumper to cut Dallas' lead to 36-32.
Dallas led 68-62 at halftime. Both teams made 25 of 47 shots before the break, but Dallas made 12 3s to Oklahoma City's six.
Oklahoma City tied it at 70 on a baseline jumper by Gilgeous-Alexander two minutes into the second half. Aaron Wiggins, who started the second half in place of Josh Giddey, scored from in close to give the Thunder a 72-71 lead, their first advantage of the game.
Dallas rallied, largely with Doncic resting. After he returned, his lob for a dunk by Derrick Jones Jr. put the Mavericks up 99-85 late in the third quarter, and they took a 99-89 lead into the fourth.
A powerful two-handed putback dunk by Williams cut Dallas' lead to 99-95, but the Mavericks responded. Doncic took advantage of a screen by Dereck Lively II and hit a 3-pointer to put Dallas up 104-95 with nine minutes remaining. The Thunder never got closer than five points the rest of the way.
“We’ve got a really good opponent that played really well tonight," Thunder coach Mark Daigneault said. "We tried to scrap back into it. I thought our effort was really good tonight. I thought we tried to gear it up a couple different times. I thought where we left something to be desired was execution.”
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Oklahoma City Thunder guard Shai Gilgeous-Alexander, right, shoots against Dallas Mavericks forward Tim Hardaway Jr. during the first half in Game 2 of an NBA basketball second-round playoff series, Thursday, May 9, 2024, in Oklahoma City. (AP Photo/Kyle Phillips)
Dallas Mavericks guard Luka Doncic, right, shoots against Oklahoma City Thunder guard Josh Giddey during the first half in Game 2 of an NBA basketball second-round playoff series, Thursday May 9, 2024, in Oklahoma City. (AP Photo/Kyle Phillips)
Dallas Mavericks guard Luka Doncic, right, works the floor against Oklahoma City Thunder guard Cason Wallace during the first half in Game 2 of an NBA basketball second-round playoff series, Thursday, May 9, 2024, in Oklahoma City. (AP Photo/Kyle Phillips)
Dallas Mavericks guard Luka Doncic (77) goes up for a shot against Oklahoma City Thunder guard Aaron Wiggins (21) during the first half in Game 2 of an NBA basketball second-round playoff series, Thursday, May 9, 2024, in Oklahoma City. (AP Photo/Kyle Phillips)
Dallas Mavericks guard Luka Doncic (77) works the floor against Oklahoma City Thunder forward Jalen Williams (8) during the first half in Game 2 of an NBA basketball second-round playoff series, Thursday, May 9, 2024, in Oklahoma City. (AP Photo/Kyle Phillips)
Dallas Mavericks guard Luka Doncic (77) works the floor against Oklahoma City Thunder guard Luguentz Dort (5) during the first half in Game 2 of an NBA basketball second-round playoff series, Thursday, May 9, 2024, in Oklahoma City. (AP Photo/Kyle Phillips)
