LIZENBEE SENTENCED TO LIFE PLUS 15 YEARS

Summary:

Lizenbee was convicted of stabbing to death Gary Sams, 38, in Sams' Cape Girardeau home.

NEW MADRID -- Clyde and Lucille Sams feel safer knowing that Robert Keith Lizenbee will not be free to hurt anyone ever again.

Lizenbee, 32, who killed the Samses' son Gary, was sentenced Tuesday to life in prison without parole by New Madrid County Circuit Judge Fred W. Copeland.

Copeland, who heard Lizenbee's first-degree murder trial on a change of venue from Cape Girardeau County, also tacked on 15 years for armed criminal action to run consecutively to the life sentence.

Lizenbee was convicted June 16 of stabbing to death the 38-year-old Sams in Sams' Cape Girardeau home.

Clyde and Lucille Sams wrote a letter to Copeland asking that he abide by the jury's recommendation and sentence Lizenbee to life in prison without parole. "We are not just the family of the victim, we are victims too," they wrote.

"You see, that's all we have now: thoughts and memories," the Samses wrote to Copeland. "We can't talk to him or hug him or enjoy his company any longer, because (Lizenbee's) one evil act took all of that, and more, away."

The Samses also said they were glad Lizenbee received a recommendation of life in prison. "Keith Lizenbee deserves a sentence of life without parole for his irresponsible act and injury that he has done to our family," the letter said. "Nothing can bring our son back to us, but it will make Clyde and me feel safer knowing he can't bother us, or hurt anyone else, ever again."

Cape Girardeau County Prosecuting Attorney Morley Swingle said because Copeland ran the sentences consecutively the judge sent a message. "He was showing that the ultimate crime deserves the ultimate punishment," Swingle said.

Swingle said he didn't pursue the death penalty because the killing didn't fit criteria for capital punishment. For a convicted murderer to be sentenced to die, the crime must fall within 17 criteria. Some include multiple victims, the murder of a police officer or murdering someone while committing another crime like armed robbery.

Prior to sentencing, Lizenbee's attorney, Stephen Wilson of Jackson, asked Copeland to dismiss the conviction or retry the case because he did not have a chance to prepare a defense against the evidence. Wilson told the judge that DNA evidence used by the prosecution was presented to the defense just three days before the trial began.

Swingle said comparative blood and fluid samples for the DNA tests were taken from Lizenbee a month before the trial. He said the defense was told at that time what the samples were for and that it would take three weeks to get the results.

The fluid samples were examined by Shirley Deng of the Southeast Missouri Crime Lab, who testified at the trial that DNA samples found on cigarettes linked Lizenbee to the scene. Swingle told the judge the evidence was not compelling enough to have swayed the jury's decision to convict.

Lizenbee told the judge that he was not completely satisfied with his representation and there were witnesses Wilson could have called. Lizenbee also implied that he had wanted to take the stand in his own defense.

Wilson, who was instructed by the judge to prepare Lizenbee's appeal, was unavailable for comment after the trial and did not return a phone call to his office later in the day.