Aurora father declared ineligible for death penalty

Laurence Lovejoy, convicted of brutally murdering his 16-year-old stepdaughter in 2004, is not eligible for the death penalty, a DuPage County jury ruled late Wednesday after seven hours of deliberations.

Lovejoy, 44, was found guilty Tuesday of the March 27, 2004, murder of stepdaughter Erin “EJ” Justice, who had accused him of rape. He now faces up to natural life in prison at sentencing March 15 before Judge Kathryn Creswell.

Wednesday's verdict means jurors were unable to unanimously find that Lovejoy killed Justice in a “cold, calculated and premeditated” manner or to prevent her from testifying. Assistant Public Defender Mark Lyon said the fact that a different jury in 2007 found Lovejoy eligible “speaks volumes about the reliability” of the death penalty as punishment.

“I hope this gives Gov. Quinn some additional basis to sign the legislation abolishing the death penalty,” Lyon said. “This was the same case with the same facts and many of the same attorneys in the same courtroom.”

Lovejoy showed little reaction to the jury's verdict and did not stand as they left court.

Justice was poisoned, beaten, stabbed and eventually drowned in an upstairs bathtub at her mother's townhouse in Aurora.

The slaying took place while Lovejoy was awaiting results from DNA tests that would later corroborate details the teen gave of an alleged March 3, 2004, rape.

Prosecutors said the sheer amount of over-the-counter medications that Lovejoy forced Justice to consume before killing her was proof of premeditation.

They also noted that the murder happened just before the Waubonsie Valley High School student had planned to visit her biological father over spring break, and as Lovejoy awaited DNA results he should have known would lead to his arrest.

But Lovejoy's defense team argued that physical evidence, including a broken knife handle with Justice's DNA on it, suggested her murder happened spontaneously during an altercation.

They also argued that Lovejoy believed the investigation into the rape allegation was going nowhere and that he would be exonerated.

Lovejoy was previously convicted and sentenced to death in 2007, but the Illinois Supreme Court later overturned the verdict and ordered a new trial.

His retrial came at a time when there's question over whether the death penalty in Illinois will be abolished.

Lawmakers have approved such legislation, but Gov. Pat Quinn hasn't said yet whether he will sign it. He has until mid-March before the bill automatically becomes law.

DuPage State's Attorney Robert Berlin said he was disappointed but respectful of the jury's decision Wednesday.

He speculated that some questions raised during jury selection about the future of the death penalty in Illinois may have weighed on the minds of jurors during deliberations.

“I would have to think that had to be some factor, at least in the back of some jurors' minds,” he said.

Lovejoy returns to court March 8 for post-trial motions.