★ MunizContinued from pane IYes sir, we do/' said Jury ForemanMul**n Trevinolo you find from the evidence beyond a reasonable doubt that there is a possibility that the defendant would commit future acts of violence that would constitute a continuing threat to society'’ was the secondasked by Judge l»ttYes sir, we do, said the jury foremanBECAUSE THE JURY answered bothquestions yes the judge must sentence Muniz to deathIf the jury had answered either one of the questions no , Muni/ would have received a life sentenceIn a case where the death penalty is given, the case automatically goes to the Texas State Court of Criminal Appeals forreviewThe jury Tuesday pronounced Muniz, 20,was a good father and husband District Attorney Ed Walsh calledGeorgetown Police Chief Travis Thomas. Williamson County Sheriff August Bosshard and Precinct i Justice of the Peace BillHillTHEY TESTIFIED that the defendanthad a bad reputation as a peaceful citizen inthe communityCountv Attorney Billv Ray Stubblefield testified that Muniz had been convicted of resisting arrest and **scape from police custody on July 3, 1976 The jury was not allowed to hear testimony about the defendants previous rape at arrest on May 30. 197H Carolynm mmSpruit of Temple testified that Muniz had raped her outside her house in Georgetown on May 30. 1976 The jury was not allowed to hem about the previous rape because thecase has not been brought to trial PSYCHIATRIST Dr John HolbrookKuilly of capital ...order, and the second ,Mtl,ied Wln,'sd^ lha' hls March 7 '‘xphase of the trial Wednesday was to deterHrmine the sentenceIF A DEFENDANT is convicted of acapital murder, only one of two sentences can be given, life in prison or death In asking for a sentence of life in prison.Defense Attorneys called Muniz s brother-m law Richard DeCoy, best friend Fernan do Merfrano, mother Maria Muniz and wife Christina Muniz They testified that Munizanimation of Muniz revealed him to be ananti social personality and completely saneMuniz felt no remorse for the murder of Miss Biekham and his attitudes were geared mainly towards his own needs, saidHolbrookWhen asked whether he felt any suicidaltendencies, Muniz s written answer said I love myself, testified HolbrookarHolbrook said that he knew of no cure for the anti social personality and that such persons are usually repeat offenders This probably would occur again, perhaps even more violent if that's possible, said HolbrookTHE DEFENSE is attempting to save the life of Pedro Cruz Muniz, said Defense Attorney Jesse Botello in his closing remarksBotello asked the jury, Do we have enough evidence to terminate the life of an individual0 Please temper justice with mercy, he addedThe defense is telling you, Don’t get emotional about Jams Biekham, get emotional about this defendant, said Walsh in his rebuttalDID ANYONE try to save the life of Janis Biekham? said WalshAsking for the death penalty. Walsh said, The law provides for it, the facts justifyit YOU have the duty of protecting your community from criminals, said WalshHe sits in this court a convicted murderer. said Walsh It gets down towhat you are going to do about it.Nearly 100 persons, many of them friendsand relatives of the defendant, waited in the courthouse Wednesday night for the jury to set the sentence Also waiting were Mr and Mrs Otis Biekham. parents of the coed who was murderedWhen the jury came back with the death sentence. Otis Biekham, who had sat through all eight days of the trial with his wife, said that the sentence shows we do have a good system of justice MUNIZ WILL be formally sentenced toWdie if the higher court upholds the convictionOver 500 rulings by the judge and at least 6,000 pages of court transcripts must now be finished and sent to the appeals court The transcripts will not be ready for at least three months.The state s case against Muniz was based on eyewitness identifications placing Muniz in the area just prior to and after the murder, and on a signed confession made by Muniz about how he had been with the victim and knocked her unconscious ANOTHER strong point in the prosecution’s case was that the Georgetown Police Department had recovered articles of the victim’s clothing in the river after Muniz told them that he had thrown them there