Tillman resentenced: life in prison

After 22 years on death row, Elroy Tillman faces a new life in prison that could include fewer jailhouse privileges than he has experienced so far but which his attorney said carries the hope of eventual freedom.

Tillman, 70, was resentenced Friday to life in prison. The courtroom was packed with law enforcement officers and lawyers.

Third District Judge Leslie Lewis pronounced the sentence — which provides the possibility of parole — and said Tillman's fate now rests with the Utah Board of Pardons and Parole. "It's no longer in my hands," Lewis said.

But the judge was quick to note that Tillman remains a convicted murderer, responsible for the 1982 slaying of Mark Schoenfeld, and the court's action was not meant to minimize a crime Lewis characterized as "heinous" and "unconscionable."

Lewis would not permit court security officers to unshackle Tillman during the hearing but allowed longtime defense attorney Loni DeLand to embrace the client he has fought for so vigorously for the past 18 years.

In fact, DeLand suffered a serious heart attack during a 2001 commutation hearing for Tillman and the recovery time for DeLand's medical situation delayed Tillman's scheduled execution date.

Tillman was convicted of capital murder for sneaking into Schoenfeld's Salt Lake City home, waiting until Schoenfeld fell asleep, bludgeoning him with an ax and setting the bed on fire, possibly when Schoenfeld was still alive.

Prosecutors maintain the crime was fueled by jealousy because Schoenfeld, 28, was dating Lori Groneman, a former girlfriend of Tillman's.

Tillman's case has gone through a series of appeals including three before the Utah Supreme Court and one before the U.S. Supreme Court.

Tillman has maintained his innocence throughout the entire process.

In court Friday, Tillman had little to say other than to answer "Yeah" when asked certain legal questions by the judge.

"Just out of curiosity, how does it feel?" Lewis inquired at one point after the death sentence was formally removed.

"I have no comment," Tillman replied, looking down and speaking in a barely audible voice.

Later, DeLand said he and Tillman had discussed the entire situation last week and Tillman was "very pleased."