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Friedman Testifies In Sentencing Phase Of Murderer's Trial

Deliberations Begin Wednesday

POSTED: Tuesday, February 28, 2006
UPDATED: 4:33 pm CST February 28, 2006

A candidate for governor testified Tuesday with the hope of keeping a man convicted twice of murdering three people more than 20 years ago off death row, KPRC Local 2 reported.

Independent candidate Kinky Friedman took the stand Tuesday morning during the sentencing phase of Max Soffar's second murder trial. Friedman was a character witness. Prosecutor Lyn McClellan objected throughout the 10-minute testimony.

Max Soffar
Max Soffar

McClellan said Friedman's participation in the trial was nothing but a publicity stunt. He said Friedman did not offer any mitigating evidence to the trial that would explain to jurors Soffar's behavior.

Friedman, who wrote to Soffar while he was on death row, has said he believes that Soffar is innocent and has been wrongly convicted.

"I said he had a higher innocence. He had an earned innocence, an achieved innocence like a guy who comes back from Iraq or Vietnam -- from a war. He's struggled with his demons and he's conquered them," Friedman said.

Friedman questions aspects of the case -- mainly, the confession.

Tommy Lee Temple, Arden Alane Felsher and Stephen Allen Sims
Tommy Lee Temple, Arden Alane Felsher and Stephen Allen Sims

"They knew he was a confession machine who would confess to anything. That's what happened that started this long cycle that Max has gotten here," Friedman said.

The victims' relatives were outraged at Friedman's testimony.

"I am just appalled by his support," said Jackie Bryant, a victim's sister. "I just think Kinky is here to grandstand. I think he has a political agenda in mind."

"That's what I can't understand. He said he's a good friend of his but he only met him two times, so how can he be a good friend?" said Ira Garner, a victim's son.

Soffar's wife, whom he married while on death row, pleaded for her husband's life and cried throughout her brief time on the stand.

The defense rested its case before noon, ending the punishment phase of the trial. Jurors will hear the charge and begin deliberating Soffar's sentencing Wednesday morning. He could be sentenced to death or life in prison without parole.

Soffar's first conviction and death sentence were overturned, but he was convicted of murder again last week in the 1980 bowling alley robbery-turned-shooting that killed two teens and a 25-year-old. A fourth man survived being shot in the head.

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