A judge heard testimony yesterday that condemning Marcus Finch to death for
his role in a deadly robbery spree would be emotionally devastating to his
children.
``It's a terrible shadow for children to live under,'' said Laura McCloskey,
a child development expert. Finch has a daughter, 6, and a son, 8.
There have been no direct studies on families of death row inmates in the
United States.
But McCloskey said she has documented the emotional damage to Central
American youngsters whose fathers were killed by political hit squads.
McCloskey is a University of Arizona psychology professor now working at the
Harvard School of Public Health in Boston.
Kevin Hendricks' 15-year-old son has already lost his father, to gunfire.
Finch shot Hendricks, a double amputee, in the back as he tried to escape an
April 28, 1998, robbery at Famous Sam's, 3010 W. Valencia Road. Hendricks,
who had lost an arm in a car wreck and a leg in a hunting mishap, was
playing pool with friends and family when two gunmen struck.
Keith Royal Phillips, 21, fired into the crowded tavern with a sawed-off
shotgun, wounding at least two patrons.
Finch, 28, later told detectives he was trying to contain the chaotic scene
when he killed Hendricks - whose body was found three hours later behind an
electrical box in the parking lot.
It was the third and final episode in what Judge Bernardo P. Velasco
described as a ``16-day roaming reign of death, mayhem and destruction'' as
he sentenced Phillips to death in July.
Velasco is scheduled to sentence Finch Dec. 6.
Finch's attorneys focused yesterday on showing his love for his two
children. At the time of the robberies, Finch's life had deteriorated
because of crack cocaine and other drug use, yet he remained active in his
children's lives, witnesses said.
Defense attorney Wanda Day said Finch takes responsibility for his actions
and wants to show his children that he must bear the consequences.
The children were in court briefly to watch videotaped interviews they gave
about their father.
Deputy County Attorney Rick Unklesbay said Finch's children had already
suffered from his decision to use drugs and commit crimes.
And Hendricks' son continues to suffer from losing his father suddenly and
violently with no chance to say goodbye, the prosecutor said.
Ryan Hendricks-Pablo Jr. watched quietly from the back of the courtroom as
his mother brought Finch to tears by describing the profound sorrow he
caused her family.
``Marcus Finch, you are still alive. Kevin is not. You can still see your
children,'' Monique Pablo said. ``My son has to live with this, day in and
day out. He thinks of his father daily.''
Yet Pablo concluded by telling Finch she forgave him.
Pablo explained outside the courtroom that there had been enough death and
suffering. ``Look at his family; they are suffering as well,'' she said.
``His kids are suffering.''
Finch's mother later embraced Pablo and her son, speaking privately with
both, while the families waited on the courthouse fifth floor for an
elevator.

Original article now at: http://www.nusd.k12.az.us/nhs/gthomson.class/positonpapers/deathpenaly/death.penalty.az.html

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