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DEFENSE SAYS SUSPECT KILLED KLAAS : ATTORNEY CONTESTS SEX CHARGE IN ATTEMPT TO KEEP CLIENT OFF DEATH ROW.


Byline: Michelle Locke Associated Press

An attorney defending the man accused of killing Polly Klaas unveiled his strategy for the first time Wednesday - he admitted his client is guilty.

But Deputy Public Defender Barry Collins said he would contest one issue - that Richard Allen Davis

For other people named Richard Davis, see Richard Davis (disambiguation).
Richard Allen Davis (born June 2, 1954) is a convicted rapist and murderer, whose criminal record fueled support for passage of California's "Three strikes law" for repeat
 sexually molested mo·lest  
tr.v. mo·lest·ed, mo·lest·ing, mo·lests
1. To disturb, interfere with, or annoy.

2. To subject to unwanted or improper sexual activity.
 the 12-year-old.

``I won't be asking you to acquit To set free, release or discharge as from an obligation, burden or accusation. To absolve one from an

obligation or a liability; or to legally certify the innocence of one charged with a crime.


acquit v.
 Mr. Davis,'' Collins said in a brief opening statement. ``We won't be offering any excuses for what Mr. Davis did, but we will be asking you to convict Mr. Davis of what the evidence shows.''

Collins' statement, which began with the candid admission that ``the evidence in this case will be overwhelming that Mr. Richard Allen Davis did in fact kill Polly Klaas,'' came as a surprise to some.

``I was really blown away by that,'' Polly's father, Marc Klaas, said outside the courtroom.

``It doesn't make much sense to me,'' he said. ``Good Lord, 2-1/2 years and millions of dollars and it turns out that they're going to admit that he did it anyway.''

The admission appeared to be part of an attempt to keep Davis off Death Row. Police say they have a lengthy videotaped confession Davis provided before leading them to Polly's body Dec. 4, 1993.

Davis faces the death penalty if convicted - even without the sex charge - but Collins indicated outside the courtroom that if Davis was found guilty of the sex charge, it could have an emotional impact on jurors.

Prosecutor Cliff Harris said the concession was not a big surprise.

``If you were the defense, what would you say?'' he asked.

Harris said the day's event will not change the prosecution's case, although it likely will speed things up.

In his opening statement Tuesday, prosecutor Greg Jacobs had also talked about the issue of sexual assault.

Davis, 41, a parolee pa·rol·ee  
n.
One who is released on parole.

Noun 1. parolee - someone released on probation or on parole
probationer
 whose violent record sparked California's ``three strikes, you're out'' law, is charged with murder, kidnapping and robbery among other things.

He was not charged with sexual assault, but was charged with attempted lewd acts with a minor.

He denies any such acts, but Jacobs quoted conversations Davis had with police in which he allegedly made statements in which he appeared uncertain whether molestation molestation n. the crime of sexual acts with children up to the age of 18, including touching of private parts, exposure of genitalia, taking of pornographic pictures, rape, inducement of sexual acts with the molester or with other children, and variations of these  had occurred.

Jacobs told jurors Polly's body was found with a flannel nightgown and a miniskirt miniskirt

skirts hemmed at mid-thigh or higher; heyday of the leg in fashion world (1960s). [Am. Hist.: Sann, 255–263]

See : Fads
 pushed above her waist. He said the remains, which were found with the skull separated from the body, were too decomposed de·com·pose  
v. de·com·posed, de·com·pos·ing, de·com·pos·es

v.tr.
1. To separate into components or basic elements.

2. To cause to rot.

v.intr.
1.
 for conclusive evidence of sexual assault.

But Collins said in his opening statement that even Egyptian mummies embalmed for centuries have yielded DNA evidence and had there been a sexual crime, there would have been traces of it.

After Collins concluded, Polly's mother, Eve Nichol, took the stand.

She appeared composed as she recounted the events of Oct. 1, 1993, the night Polly was taken from her bedroom at knifepoint knife·point  
n.
The sharp end of a knife.

Idiom:
at knifepoint
Under threat of being stabbed or cut with a knife: was mugged at knifepoint. 
.

The evening began with Polly and two other girls having a slumber party in Polly's bedroom.

It ended with Nichol making a 911 call to report the abduction Abduction
Balfour, David

expecting inheritance, kidnapped by uncle. [Br. Lit.: Kidnapped]

Bertram, Henry

kidnapped at age five; taken from Scotland. [Br. Lit.
 of Polly, a tape of which was played to jurors Tuesday in a chilling moment.
COPYRIGHT 1996 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Apr 18, 1996
Words:516
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