Sirhan Sirhan - Prosecution

Prosecution

Despite Sirhan's admission of guilt, recorded in a confession made while in police custody on June 9, a lengthy trial followed. The court judge did not accept his confession and denied his request to withdraw his not guilty plea so that he could plead guilty. Years later, Sirhan recanted his confession, claiming not to remember making it.

On February 10, 1969, a motion by Sirhan's lawyers to enter a plea of guilty to first degree murder in exchange for life imprisonment (rather than the death penalty) was made in chambers. Sirhan announced to the court judge, Herbert V. Walker, that he wanted to withdraw his original plea of not guilty in order to plead guilty as charged on all counts. He also asked that his counsel "dissociate themselves from this case completely." When the judge asked him what he wanted to do about sentencing, Sirhan replied, "I will ask to be executed."

Judge Walker denied the motion and stated, "This court will not accept the plea". The judge also denied Sirhan's request for his counsel to withdraw; when his counsel entered another motion to withdraw from the case of their own volition, Walker denied this motion as well. Judge Walker subsequently ordered that the record pertaining to the motion be sealed.

The trial proceeded, and opening statements began on February 12, 1969, two days later. The lead prosecutor in the Sirhan case was Lynn "Buck" Compton, a World War II veteran who later became Justice of the California Court of Appeal. The prosecution's opening statement, delivered by David Fitts, was replete with examples of Sirhan's deliberate preparations to kill Kennedy. The prosecution was able to show that just two nights before the attack, on June 3, Sirhan was seen at the Ambassador Hotel, apparently attempting to learn the building's layout; evidence proved that he visited a gun range on June 4. Further testimony by Alvin Clark, Sirhan's garbage collector, who claimed that Sirhan had told him a month before the attack of his intention to shoot Kennedy, seemed especially damning.

Sirhan's defense counsel, which included Attorney Grant Cooper, had hoped to demonstrate that the killing had been an impulsive act of a man with a mental deficiency, but when Judge Walker admitted into evidence pages from three of the journal notebooks that Sirhan had kept, it was clear that the murder was not only premeditated, but also "quite calculating and willful."

On March 3, 1969, in the Los Angeles courtroom, Cooper asked Sirhan directly if he had indeed shot Senator Kennedy. Sirhan replied immediately: "Yes, sir." but then stated that he did not bear any ill-will towards Kennedy. Sirhan also testified that he had killed Kennedy "with 20 years of malice aforethought". He explained in an interview with David Frost in 1989 that this referred to the time since the creation of the State of Israel. He has maintained since then that he has no memory of the crime nor of making that statement in open court.

During Sirhan's testimony, Cooper asked him to explain his reasons for the attack on Kennedy. Sirhan launched into "a vicious diatribe about the Middle East conflict between Arab and Jew". Defense counsel Emile Zola Berman, who was Jewish, was upset by Sirhan's statements and expressed his intentions to resign from the defense team. Berman was eventually talked out of resigning by Cooper and stayed until the end of the trial.

During the trial, the defense primarily based their case on the expert testimony of Bernard L. Diamond, M.D. a professor of law and psychiatry at University of California, Berkeley, who testified that Sirhan was suffering from diminished capacity at the time of the murder. Sirhan's behavior throughout the trial was indeed bizarre, and at one point, he became outraged during testimony about his childhood.

Sirhan was convicted on April 17, 1969, and was sentenced six days later to death in the gas chamber. Three years later, his sentence was commuted to life in prison, owing to the California Supreme Court's decision in People v. Anderson, (The People of the State of California v. Robert Page Anderson, 493 P.2d 880, 6 Cal. 3d 628 (Cal. 1972)), which ruled capital punishment a violation of the California Constitution's prohibition of cruel or unusual punishment. The California Supreme Court declared in the Anderson case that its decision was retroactive, thereby invalidating all prior death sentences imposed in California.