An appeal of the sentence, made formal Wednesday by a judge, is expected.
OKLAHOMA CITY -- Convicted killer Alfred Brian Mitchell was formally sentenced to death for the third time on Wednesday. Twice before, appeals courts have tossed out his death sentences for the 1991 slaying of Elaine Marie Scott. A third Oklahoma County jury handed Mitchell the death sentence again last month. "To the Scott family, I am sorry for any of the things I have done over the years to cause any pain, suffering or bitterness," Mitchell, clad in a bright orange jail shirt and pants and shackled at the wrists and ankles, said at his formal sentencing. Scott's parents, Ann and Bruce Scott of Tulsa, and her brother, David Scott of Nor man, listened to the proceedings in Oklahoma County District Judge Virgil C. Black's courtroom. "I think it is about 17 years too late," said Ann Scott, who was wearing a button bearing a picture of her daughter. "Do I believe him? No." Bruce Scott, also wearing a button with their daughter's picture on it, said this was "the first time I've heard him apolo gize." He called the apology self-serving and half-hearted, adding that if Mitchell were serious, he would drop his appeals and accept his punishment. Scott, a 21-year-old Jenks High School graduate and University of Oklahoma student, was working at the Pilot Recreation Center in Oklahoma City in 1991 when Mitchell stabbed her with a mathematical compass and beat her with a golf club and coat rack. Mitchell, 35, was convicted of Scott's murder and sentenced to death in 1992, but that sentence was reversed by a federal appeals court, in part because of false and misleading testimony given by former Oklahoma City forensic chemist Joyce Gilchrist. Mitchell was resentenced to death by another jury, but the Oklahoma Court of Criminal Appeals overturned that sentence in May 2006. "I'm confident the sentence will stand and this painful chapter (the resentencing hearings) in this family's history will be over," Oklahoma County District Attorney David Prater said. "I fully understand that they will live with this the rest of their lives." Additional appeals are expected.
Barbara Hoberock (405) 528-2465