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Storm seen as threat to already-stalled hearing By CHASE SQUIRES © St. Petersburg Times, published September 27, 1998 ADE CITY -- The winds of Hurricane Georges may shake even the scales of justice, as double-murderer Earl Linebaugh's scheduled sentencing hearing could depend on the effect the storm has on air travel. Circuit Judge Lynn Tepper said last week that she is ready to proceed with Monday's sentencing -- already delayed once when Linebaugh's father, a crucial witness, didn't show up -- but the storm could again delay the arrival of witnesses. "It's an emergency situation," Tepper said. "It's not up to us." Linebaugh, 28, was convicted on two counts of murder in June for the 1995 killings of Alice Durfee, 57, and Maudeline Bailey, 84, in Bailey's Crystal Springs mobile home. His sentencing hearing, to decide if he should die in the electric chair or spend the rest of his life in prison, was set for July 27. It was delayed when Linebaugh's father, Dale, didn't show up. Officials in Texas hadn't served him with a summons. So with jury members who have been ordered to keep mum about the issue and to steer clear of newspaper reports since June still waiting to complete their term, the hearing could again be delayed if Dale Linebaugh or other vital witnesses aren't able to get here. Linebaugh's appointed attorney, David Parry, was at a Fort Lauderdale conference through the week and wasn't available for comment. It was Parry who stalled the sentencing in July by insisting that Linebaugh's father be there. Parry told the court earlier that he intends to argue that Linebaugh suffered from years of childhood abuse and has sustained brain damage from a series of accidents, brawls and drug abuse. His mental state could be used as a mitigating factor to win him life in prison instead of the death penalty. Prosecutor Phil Van Allen said he plans to counter the defense with his own doctors, who are expected to testify that Linebaugh has no medical problems and is merely anti-social. Business | Citrus | Commentary | Entertainment Hernando | Floridian | Obituaries | Pasco | Sports State | Tampa Bay | World & Nation © Copyright 1998 St. Petersburg Times. All rights reserved.