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Video makes jurors weep

In penalty phase, focus is on emotion and sympathy, prosecutor says. Defense says not to waste man’s potential.

February 23, 2009|By Joseph Serna

On Nov. 12, 2004, Jackie Hawks barbecued with her friends and family aboard her and her husband’s boat, Well Deserved, for the last time.

The Newport Beach retirees were selling it after two years of a life at sea, looking forward to spending time with their new grandchild in Arizona. Jackie spoke with a sadness of leaving the life behind, saying she’d miss it, but also with an air of excitement that a new chapter in their life was set to begin.

That life was cut tragically short three days later when John F. Kennedy, Skylar Deleon — and accused-accomplice Alonso Machain, authorities believe — overpowered the Hawkses on their boat, tied them to an anchor alive, and threw them overboard, never to be seen again.

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On Monday, 12 jurors saw a 22-minute home video filmed by the Hawkses documenting their two-year life at sea. The video concluded prosecutors’ brief case against Kennedy in their fight to have him sentenced to death.

Kennedy, 43, who police say is a Long Beach Insane Crips gang member, was convicted last week of helping Deleon and possibly another man kill the Hawkses on Nov. 15, 2004. Kennedy was brought on as muscle to help overpower Tom Hawks, who was in incredible shape despite his age.

Attorneys are into the penalty phase of the trial, when prosecutors seek the death penalty for Kennedy for his part in the murder-for-profit scheme.

Jurors and the Hawkses’ family and friends in the audience watched the video and became emotional, with several jurors dabbing tears from their eyes and audience members sobbing.

Kennedy, for his part, appeared to watch the entire video, a stark contrast to Skylar Deleon during his trial when he looked away the entire time it was played.

Senior Deputy Dist. Atty. Matt Murphy explained to jurors Monday morning that this phase of the trial is focused almost entirely on emotion and sympathy. The six man, six woman jury can consider what the couple’s last moments sinking in the cold Pacific waters that night were like, how Kennedy behaved during and immediately after they were thrown overboard, and how the ordeal has affected the Hawks family.

During his opening statement, defense attorney Chuck Lindner aimed to connect with the Hawks family.

He said he wished the crime could be undone, and “candidly, we’re quite sorry for the circumstances involved.”

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