Death penalty an option in fatal beating

A hearing to schedule a preliminary hearing for Tyler James Hutchinson, 22, was delayed for a second time since his defense attorney was allowed to override his client’s wishes for a speedy trial. Defense attorney Jim Thompson requires more time to delve into the hefty discovery and the postponement until April 6 is "a legitimate request,” said prosecutor Al Giannini.

Aside from when Hutchinson will learn if he’ll stand trial on charges of murder and burglary is the question if prosecutors will pursue the death penalty. Capital punishment is an option because Hutchinson is charged with murder during the commission of another felony which makes him eligible for either death row or life in prison without parole if convicted.

The District Attorney’s Office took a preliminary look at the case and asked the defense to offer a more thorough presentation.

"That does not mean we will or will not seek the death penalty. It only means we want more information,” Giannini said, citing the nature of the offense as the reason for consideration.

Hutchinson is accused of killing Albert Korn, 88, who died two weeks after prosecutors believe he encountered Hutchinson.

Hutchinson is accused of entering a back window of a home on the 2500 block of Hallmark Drive in Belmont the afternoon of Tuesday, June 2. Authorities believe he beat Korn before fleeing with his wallet and jewelry in the man’s 2004 Jaguar X-Type. Korn was placed in an induced coma with head and face injuries at Stanford Medical Center where he remained until being taken off a ventilator June 17.

Fingerprints from the crime scene later matched Hutchinson who was arrested after a West Sacramento couple found him inside their home. After being convicted in that case and another home invasion, Hutchinson was sentenced to prison for six years and eight months and sent back to San Mateo County.

Hutchinson returned to San Mateo County in late January. In his second court appearance in San Mateo County, he announced wanting to plead not guilty and that he hadn’t killed anybody. He formally pleaded not guilty at a subsequent appearance.

Although Hutchinson’s competency was evaluated in Yolo County, Thompson has said he has no intention presently to address whether that may also be a possibility in the current case.

Hutchinson remains in custody on no-bail status.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.