Bucher calls Oswald defense 'garbage'

The Journal staff

Waukesha Waukesha County District Attorney Paul Bucher delivered an angry, highly emotional closing statement Wednesday, calling 19-year-old Theodore Oswald a cop killer and fake, whose coercion defense is "garbage."

Bucher agreed with defense attorneys on only one thing: that Theodore's father, James Oswald, 50, is a "lowlife piece of scum."

But Theodore Oswald put their plans into action and was an "18-year-old man who knew right from wrong," Bucher said, ripping into Theodore's defense that he was coerced to murder Waukesha Police Capt. James Lutz last April 28 and to commit 18 other felonies. Theodore was 18 at the time.

"He had no choice? How about shooting into the ground, Theodore, shooting a little bit to the left? How about missing James Lutz?" Bucher said loudly. "How about turning the gun on your father? Control? Give me a break."

At times, Bucher mimicked Oswald's low, methodical tone on the witness stand.

"I want you to acquit me," Bucher said, imitating Oswald. Defense Seeks Doubt

Defense attorney Samuel Benedict, in a more low-key closing argument, said Oswald was not trying to manipulate the system but was asking jurors simply to consider the law. If jurors think coercion is even a possibility, they have to find in favor of the defendant, Benedict said.

James Oswald surrounded his son with "the plans of death, instrument of death, the will to kill people," Benedict said. "Ted was sucked into his father's whirlpool, no, cesspool."

Theodore was never able to make the right decisions because of the unusual way he was brought up, indoctrinated with beliefs without morals, Benedict said.

"Jim looked at Ted like he bred him, he was his spawn," Benedict said. "It was the training. Everything was the training. Training for what? Jim Oswald's self-destructive motives. Sadly, that was the case. Jim Oswald took Ted's life, molded it, shaped it, took him from his mother and his family, indoctrinated him."

Benedict spoke more about James Oswald than Theodore.

"James Oswald was a man who left nothing to chance, was obsessed with planning, practicing, contingencies," Benedict said. "He was a man to be afraid of, who was always armed, who knew karate."

James Oswald's obsessive, political, amoral philosophy was like a chronic emotional beating, Benedict said.

Benedict's closing statement was to continue later Wednesday. Crucial Rulings

The closing arguments came after a tumultuous day Tuesday in which Circuit Judge Lee S. Dreyfus at first voided Oswald's only defense that his father coerced him into crime then allowed it to be considered.

Ironically, Dreyfus reconsidered at the request of prosecutors, who feared that the judge's ruling would be overturned on appeal and that the case would have to be retried. Prosecutors had initially argued against allowing the coercion theory.

Rejection of the defense would have meant almost certain conviction on 19 charges, and possibly two life prison terms plus 740 years. That's because Theodore Oswald took the witness stand to bolster his coercion defense and, in cross- examination, admitted to all offenses, including executing Lutz by shooting him in the head.

The coercion defense, if successful, would reduce the homicide charge to second-degree and dismiss the other 18 felonies against Oswald, including hostage-taking, bank robbery and stealing cars. The maximum penalty for second-degree homicide is 40 years in prison. Manipulation Alleged

In his closing arguments, Bucher said Oswald was trying to manipulate the same system he tried to destroy.

"The evidence in this case absolutely, positively, is without a doubt overwhelming," Bucher said. "And he {Theodore} is trapped again. You're witnessing the efforts of a trapped man, the shifting of the finger of responsibility. We've come to the point where we no longer hold individuals responsible in this society. And it makes me sick."

The case is not about Oswald's childhood, Bucher said, mocking the defense presentation by family members and the defendant himself. Oswald testified that he was molded into a warrior by an abusive, controlling father who obsessively regimented his life.

"Jim Lutz died for a lousy $14,000," Bucher said, referring to the amount he had said was taken in the Wales bank robbery. "I'd write a check right now. That's what this is ultimately about. Lousy cash."

The diaries written by James and Theodore Oswald, complete with plans to murder police officers and rob banks, reveal their true personalities, Bucher said. `Ludicrous' Defense

Oswald's defense is "so ludicrous I'd laugh if this case wasn't so damn tragic," Bucher said.

"The picture I got is James Oswald dragging Theodore Oswald into banks kicking and screaming, `I don't want to go,' " Bucher said. "It was Theodore Oswald, first in, Theodore Oswald in control, Theodore Oswald, boom, boom."

Bucher opened his argument by showing jurors a disturbing videotape of Lutz lying slain on the front seat of his police car. One of Oswald's teenage sisters gasped and began crying when the tape was shown.