San Diego

A judge found a 68-year-old Point Loma man guilty of first-degree murder Wednesday in the ax slaying of his elderly wife.

San Diego Superior Court Judge Richard Huffman also ruled that Stanley Stress was sane at the time of the Nov. 4, 1985, slaying of his wife, Phyllis, 74, in their home. Police found the ax embedded in her skull.

Stress had waived his right to a jury trial and Huffman issued the verdict after attorneys made their final arguments. No testimony was taken; evidence was submitted in court documents and police reports.

Stress’ attorney, Carol Brawley, had argued that the slaying was manslaughter or second-degree murder and that he was insane at the time of the incident.

“He felt the killing was justified. He never felt it was a criminal act. Mr. Stress was suffering from paranoia. He was at war with the government. Mr. Stress did not understand what he had done was wrong,” Brawley said.

Deputy Dist. Atty. Bill Woodward quoted Stress as telling police “as a last resort I killed my wife so I can have my day in court. The thought occurred to me that somebody is going to have to die.”

Woodward said Stress wanted a forum--such as a trial--to air his views that the government had engaged in a conspiracy to exempt professional athletes from serving in the armed forces.

Huffman noted that, despite Stress having such delusions, he still was sane when he killed his wife because he knew it was wrong and knew what he was doing.

Sentencing was set for Jan. 6. Stress faces a sentence of 26 years to life in state prison.

Woodward said Stress was a football player in college, a lieutenant commander in the Navy, and was apparently shocked when his son, an athlete, declared himself a conscientious objector and avoided military service during the Vietnam War.

Stress frequently wrote newspapers letters about such exemptions, and Woodward said it became a fixation with Stress. He often carried a sandwich board protesting draft exemptions.

Stress got in trouble with the U.S. Secret Service in 1983 when he wrote to President Reagan, threatening his life, on the same theme. A case was filed against him but prosecution was deferred after he agreed not to write the President again.

Some of the many psychiatrists who examined Stress felt he was psychotic and didn’t know the difference between right and wrong, but other doctors felt otherwise.

On June 3, a judge found Stress mentally incompetent to stand trial and he was sent to Patton State Hospital, where he eventually regained his competence after being placed on medication and was sent back to San Diego for trial.