Darrell Edward Payne

Case record: Darrell Edward Payne

Background

Darrell Edward Payne was 36 and of Nampa at the time of the July 2000 murder of Boise State University student Samantha Maher. Payne had lived in California until 1994, where he was implicated in one case of window peeping and convicted of another. After Payne moved to Boise in 1995, he worked as a chimney sweep. In 1996, Payne was cited for window peeping after being observed looking in on a female and her fianc?. Payne was sentenced to 30 days in jail, which was suspended, and was placed on probation for 24 months. Payne was also a suspect in the rape of two 14-year-old girls at Barber Park in June of 2000, though no charges had been filed against him in that case.

The offence

Payne abducted Samantha Maher and murdered her in July 2000. Maher was walking to class through Julia Davis Park. Payne’s body was later discovered at Payne’s residence in Canyon County, according to a Sheriff’s Department document.

The record described Payne calling his wife from a motel room in an adjoining state on Saturday and telling her he had killed a woman and where to find the body. The body had been left in a “waste pit” behind a dairy barn near their home. The record stated that Payne had abducted Ms Maher in a park adjoining the campus, handcuffed her, snuffed out her life with a gunshot to her head, then dumped her in the shit hole. The record stated that autopsy results were not back yet, so it was not yet clear whether Payne also raped Samantha Maher, but that it was “undoubtedly his intent.”

In addition to the murder, the record stated that Payne confessed to being the culprit in the sexual assault and rape of two 14-year-old girls in another park less than a month ago, as well as another rape.

Investigation

Paul Blomberg, Samantha Maher’s father, said Wednesday he and his family had not had time to read and digest the entire opinion so he was not sure how they felt about the new sentencing hearing. Blomberg said the family will put their confidence in the court and do what they need to do in the second sentencing hearing, no matter how painful it will be. Blomberg said: “We want to move on with our lives, and we can't do that until this is over.” Blomberg said: “We are not looking forward to going back through it. The (death) sentence was a fair sentence. But if we have to go forward, we will go forward. Darrell Payne must pay for what he did.”

Before jury selection, several pre-trial hearings were conducted regarding admission of evidence. Roger Bourne, deputy Ada County prosecutor expected jury selection to continue through last week, with opening statements coming today or Tuesday, said: “We talked about general category evidence and some that concerned husband-wife privilege.” Bourne said there was a ruling prohibiting the use of some evidence.

The record stated that Payne was arrested in Eugene, Ore., after he called his wife and discussed a possible murder from his motel room, according to Sheriff’s Department documents. Those discussions and a note found in the room were the subjects of the hearings.

Arrest

Payne was arrested in Eugene, Ore., after he called his wife and discussed a possible murder from his motel room, according to Sheriff’s Department documents.

Trial

Payne’s trial was set to begin this week September 24, 2001. Jury selection began last week at the Ada County Courthouse, in the trial of Darrell Payne, 34, of Nampa. Roger Bourne, deputy Ada County prosecutor, was expected to have jury selection continue through last week, with opening statements coming today or Tuesday.

Payne was charged with the kidnapping, rape and murder of Boise State student Samantha Maher on July 6, 2000. The record stated that Maher was abducted off the Greenbelt on her way to class in July 2000 and that Payne abducted her in a park adjoining the campus.

The record stated: “Payne is being prosecuted for first-degree murder and first degree rape, both sentences carry the death penalty in Idaho,” said Bourne. Prosecutors must convince the jury before they can recommend sentencing to Fourth District Judge Thomas Neville. Bourne said: “The judge decides the sentence after conviction,”

The record also stated that Payne’s original death sentence was imposed by Fourth District Judge Thomas Neville.

Sentencing

Payne was sentenced to death by Fourth District Judge Thomas Neville in 2002. The record stated that on Wednesday, Idaho Supreme Court sent the case back to District Court for a new sentencing hearing after determining that victim impact statements made by Maher's family and friends to Neville in the sentencing phase of Payne's original trial were unconstitutional because those witnesses commented on Payne's personal characteristics and made specific sentencing recommendations. The court also said the victim impact statements should have been limited to Maher's immediate family.

The record stated that the Idaho Supreme Court seemed to side with the Idaho attorney general's office on a key point that the way the death sentence was handed down was valid. Deputy Attorney General LaMont Anderson argued that while Neville may have sentenced Payne to death in 2002, the jury in the case also found the same aggravating circumstance needed for the death penalty when they determined that Payne killed Maher while committing rape and kidnapping. Anderson said this might not satisfy Idaho's current death penalty law, but it met the U.S. Supreme Court standard set in 2002.

Anderson said even if the Idaho Supreme Court thought it would be constitutionally permissible for Payne to be resentenced by a judge, that would be unprecedented under the new law. Anderson said he believed a new jury would have be called if, as was expected, Ada County prosecutors want the death penalty reinstated for Payne. The record stated: “It is unclear whether the resentencing will occur in front of a new jury or before a judge.”

The record stated that a U.S. Supreme Court ruling in 2002 required juries, not judges, to find the aggravating evidence needed to sentence someone to death, and that Idaho’s law reflected that now, but at the time of Payne's sentencing Idaho's death penalty law left the decision to judges.

Appeals

Payne filed several appeals to his death sentence. While most of those appeals were dismissed, the Supreme Court determined that the victim impact statements were unconstitutional in the sentencing phase of Payne's original trial. The Supreme Court issued a 39-page opinion.

The record stated that the AG's office has 14 days to ask the Idaho Supreme Court for a reconsideration or a clarification of its opinion.

Outcome

Idaho Supreme Court sent the case back to District Court for a new sentencing hearing. Payne was described as having been on Idaho’s Death Row since 2002.

Other details

The record included a narrative entry that began “July 13, 2000” and described learning about Samantha Maher on Friday from a sign posted in the entrance of a grocery store. It stated: “She was 22 and pretty.” It stated: “She left work to go to classes at the local university, but never made it to the school.” It described her husband and family worrying since it was “out of character” for her to be out of contact. The narrative stated: “On Saturday, a local man named Darrell Payne called his wife from a motel room in an adjoining state.” The narrative included the statement: “He told her he had killed a woman and where to find the body.” The narrative stated: “It had been left in a ‘waste pit’ behind a dairy barn near their home.” The narrative included: “Payne had abducted Ms Maher in a park adjoining the campus, handcuffed her, snuffed out her life with a gunshot to her head, then dumped her in the shit hole.” The narrative included: “Apparently panicked, he had driven her car hundreds of miles to the motel.” The narrative included: “Autopsy results aren't back yet, so it isn't yet clear whether Payne also raped Samantha Maher, but that was undoubtedly his intent.” The narrative included: “Besides the murder, he has reportedly confessed to being the culprit in the sexual assault and rape of two 14-year-old girls in another park less than a month ago, as well as another rape.”

The narrative also included repeated discussion about “Payne” and described a “movie” in the writer’s head. The narrative stated: “I cried when I heard the news on Saturday.” The narrative included: “I would pay good money to take out my rage on the person of Darrell Edward Payne.” The narrative included: “In the movie that runs in my head, I would be armed with nothing more than my own fists and my waterpump pliers.” The narrative included: “However, (my civilized self tells me) that wouldn't be justice, would it?” The narrative included: “There are days when I think it would be.” The narrative included: “UnquietMind.com Samantha Maher, the victim. Darrel Edward Payne home last updates contact”