Murder plea deal reported in the works
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Ken Wiggin of Jericho holds a photo of his slain sister, Linda, (far left in photo) while talking to reporters on Thursday in Rutland District Court. Vyto Starinskas / Rutland Herald |
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By Brent Curtis Staff Writer - Published: February 5, 2010
Accused murderer David Denny is expected to plead guilty Monday to killing his girlfriend at her Poultney home in November 2008.
But the brother of Linda Wiggin, the 49-year-old Castleton State College professor found beaten to death in her basement, said in Rutland District Court Thursday that his family was opposed to the plea deal which he said would send Denny to jail for only 22 years.
"I do not think the deal is satisfactory," Kenneth Wiggin said. "This was a brutal, brutal murder."
Kenneth Wiggin and his wife drove to Rutland from Jericho on Thursday for a hastily set court hearing where Denny was scheduled to change his plea to guilty.
But the 41-year-old man, who pleaded innocent to second-degree murder on Nov. 20, 2008, didn't appear in court due to a problem with arrangements for transportation from Newport where Denny is imprisoned. Without Denny present, the lawyers in the case agreed to delay the change of plea until 3 p.m. on Monday.
Rutland County State's Attorney Marc Brierre said he couldn't talk about the reasons for the plea deal or the possible sentence Denny would receive.
But Kenneth Wiggin said prosecutors told him that the deal would allow Denny to receive the minimum sentence of 20 years for second-degree murder with an additional two years tacked onto the sentence because Denny committed the crime while on probation.
"I think this rises above the minimum for second-degree murder," he said.
Police believe Linda Wiggin died on Nov. 10, 2008, when an argument escalated into violence at her home at 186 College St.
But Wiggin's body wasn't found until a week later when investigators discovered her remains buried in her basement. The medical examiner's report concluded that Wiggin died from four blunt impacts to the left side of her head, but her arms were also cut from what her brother described as defensive wounds his sister received while warding off blows from a hatchet which he said Denny wielded in one hand.
In the other hand, Kenneth Wiggin said Denny held a heavy frying pan that delivered the fatal blows.
From statements given by four college students who lived above Wiggin and from her friends, investigators say it appears that Denny spent the week after Wiggin's death cleaning up evidence of the crime and trying to cash checks and sell collectibles belonging to Wiggin.
Denny also allegedly tried to hide Wiggin's death by calling and canceling appointments on her behalf.
Those acts in addition to the killing itself warranted more than a 22-year jail sentence for Denny in Kenneth Wiggin's mind.
He said he and other members of his family planned to ask the judge to reject the plea agreement which he said was at least eight years short of what justice demands.
A Feb. 17 trial date had been set for Denny. But Kenneth Wiggin said he didn't believe either the prosecution or defense was ready to proceed.
"This was a plea of convenience for both the state's attorney and the defense," he said.
brent.curtis@rutlandherald.com
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