Steven Newell

Case record: Steven Newell

Background

Steven Newell was known to Elizabeth Byrd because he had dated Elizabeth’s sister, Lori Stone, for several months. On May 23, 2001, Elizabeth Byrd, an 8-year-old girl, headed to school from her mother’s trailer at approximately 8:00 a.m.

Elizabeth was late for school and told Newell that she did not have time to talk to him. Newell persuaded Elizabeth to take a “short-cut” through a field with irrigation ditches.

The offence

After Elizabeth and Newell were isolated and out of sight from passers-by, Newell sexually assaulted Elizabeth. After the assault, Newell grabbed a strap from Elizabeth’s backpack and strangled her to death with it. After Elizabeth was dead, Newell wrapped her body in a carpet and threw her into a water-filled drainage ditch.

Investigation

The family called the police around 11 p.m. after Elizabeth was still not home from school yet, when her mother arrived home and found Elizabeth was missing. Two Phoenix Police Officers were dispatched to respond to the call from Elizabeth’s family. After the officers spoke with Elizabeth’s mother, they went to speak with two of Elizabeth’s friends. The officers were told that Elizabeth had not been in school that day. Based on this information, a missing persons report was called in and the search for Elizabeth intensified.

On the morning of May 24, 2001, two other members of the Phoenix Police Department were dispatched to search a large field near M.C. Cash Elementary School (“the field”). After ten to fifteen minutes of searching, the officers discovered a child’s denim shoe, a black knapsack, and a children’s book. In the knapsack was a cherub magnet with the name “Elizabeth” across it, a pair of socks, and a drawstring coin purse. The officers secured the area because they suspected they had found important evidence.

An equipment operator for the Salt River Project came upon someone in the same field—later identified as Newell—in a ditch doing something with some indoor/outdoor carpeting. As the worker passed by, Newell looked up and then ran off in the other direction. The worker left the indoor/outdoor carpeting rolled up in the canal and decided he would come back to get it later. After seeing a news story about Elizabeth’s disappearance, the equipment operator contacted police and told them what he had seen.

In the afternoon of May 24, 2001, members of the Maricopa County Sheriff’s Office were dispatched to the field to search for Elizabeth. Around 4:00 p.m., Elizabeth’s body was discovered rolled up in a section of green indoor/outdoor carpeting lying in the ditch.

The Medical Examiner determined that Elizabeth died from asphyxiation due to ligature strangulation. The autopsy also revealed bruising, abrasions and evidence of a sexual assault. DNA analysis was done on semen found inside of Elizabeth’s underwear, and the DNA profile determined that Newell was the likely source of the sperm.

Newell was interviewed on three separate occasions by detectives from the Maricopa County Sheriff’s Office. In the third interview, which took place through the late evening of June 4 and into the morning of June 5, 2001, Newell confessed to being with Elizabeth in the field, grabbing her by the legs and the purse strap, and putting her in the canal covered with the indoor/outdoor carpeting. This interview was videotaped and shown to the jury at trial.

In custody, Newell admitted that he led Elizabeth into the isolated field and that he “sexually rubbed” up against her. He also admitted taking the strap from Elizabeth’s purse and wrapping it around her neck, and that he threw her into the ditch. Newell denied murdering Elizabeth.

Arrest

Newell was arrested approximately two weeks later.

Trial

Proceedings included:

• Presiding Judge: Hon. Barry C. Schneider
• Prosecutor: Cleve Lynch & Patricia Nigro
• Defense Counsel: Bruce Peterson & Timothy Agan

On June 14, 2001, a Maricopa County grand jury indicted Appellant on three counts related to the disappearance and death of Elizabeth Byrd:

• Count I — first degree murder, either premeditated or felony murder
• Count II — sexual conduct with a minor
• Count III — kidnapping

On February 12, 2004, the jury returned guilty verdicts on all three counts against Newell. On February 18, 2004, the jury found that the state had proven beyond a reasonable doubt three aggravating factors. On February 25, 2004, the jury reached a unanimous decision that Newell should be sentenced to death for the murder of Elizabeth Byrd.

Sentencing

The jury sentenced Newell to death for the murder of Elizabeth Byrd.

Aggravating circumstances

• Age of victim (under 15 years): Elizabeth Byrd was 8 years old (born August 23, 1992), and Newell was an adult. This was deemed “undisputed,” and it was upheld.
• Especially heinous, cruel or depraved: This was upheld. There was “substantial evidence” supporting this prong because the victim had bruising occurring at or near the time of her death; the bruises were consistent with grasping the victim’s arms and sexually assaulting her; and marks indicated that the victim grasped at the ligature around her neck. It was determined that “Elizabeth suffered serious physical and mental anguish before she died. Newell should have known that such suffering would occur.”
• Previous serious offense (attempted kidnapping): This was upheld. It was “undisputed,” because Newell’s prior conviction for attempted kidnapping established that he had a serious prior felony conviction.

Mitigating circumstances

The court independently found:

• Unstable childhood
• Sexual and physical abuse as a child
• Extensive drug use

It found that the mitigating circumstances were not sufficiently substantial because: “No evidence explains how Newell’s drug addiction and unstable childhood led to the sexual assault and murder of eight-year-old Elizabeth.”

Appeals

The case included a direct appeal in the Arizona Supreme Court.

State of Arizona v. Steven Ray Newell , 212 Ariz. 389, 132 P.3d 833 (2006) (Death penalty upheld).

Outcome

Newell’s death sentence was upheld on direct appeal.

Timeline

• May 23, 2001 — Elizabeth Byrd left her home for school from her mother’s trailer at approximately 8:00 a.m.; Newell approached Elizabeth and walked with her; Elizabeth later took a “short-cut” through a field with irrigation ditches with Newell; Newell sexually assaulted Elizabeth; Newell strangled Elizabeth to death with a strap from her backpack; Newell wrapped Elizabeth’s body in a carpet and threw her into a water-filled drainage ditch.
• June 14, 2001 — A Maricopa County grand jury indicted Appellant on three counts: Count I first degree murder (premeditated or felony murder), Count II sexual conduct with a minor, and Count III kidnapping.
• Late evening of June 4, 2001, into the morning of June 5, 2001 — Newell made a third interview confession through the late evening and into the morning; the interview was videotaped and shown to the jury at trial.
• February 12, 2004 — The jury returned guilty verdicts on all three counts against Newell.
• February 18, 2004 — The jury found that the state proved beyond a reasonable doubt three aggravating factors.
• February 25, 2004 — The jury reached a unanimous decision that Newell should be sentenced to death for the murder of Elizabeth Byrd.
• February 26, 2004 — Newell was sentenced to death.
• 2006 — The death penalty was upheld on direct appeal in State of Arizona v. Steven Ray Newell , 212 Ariz. 389, 132 P.3d 833 (2006).

Other details

Newell knew Elizabeth because he had dated her sister, Lori Stone, for several months. Elizabeth was seen walking to school around 7:40 or 7:45 a.m. that morning, and Newell was seen following about five feet behind Elizabeth on a bicycle. Elizabeth’s mother arrived home and found Elizabeth was not home from school yet, and the family called the police around 11 p.m. Elizabeth’s sisters went to look for her and were told that she had not come to her friend’s house that day.

The third interview was conducted by detectives from the Maricopa County Sheriff’s Office. Forensic testing showed that Newell was the source of semen found in the panties Elizabeth was wearing at the time of the murder.

The published opinions included direct appeal proceedings described as “Direct Appeal pending before the Arizona Supreme Court.” The procedural posture recorded that Newell was convicted in February 2004 in Superior Court (Maricopa) of kidnapping, sexual assault and murder of an eight-year-old girl, and that the jury sentenced him to death.