Jury Suggests Life for Killer of 2 Kids

A jury recommended Friday that a father convicted of murdering his son and daughter during a custody fight spend the rest of his life in prison.

The seven-man, five-woman jury deliberated just more than a day before reaching a verdict Friday. They rejected a prosecutor’s request for the death penalty for David Von Haden, 39.

Von Haden, of Yorba Linda, was convicted in March 1998 of first-degree murder for smothering Courtney, 2, and Cody, 4, after his wife filed for divorce and asked for custody of the children.

Von Haden shot himself after giving the children cold medicine and asphyxiating them Feb. 22, 1996. Doctors saved his life.

In court Friday, Von Haden slumped when he heard the recommendation as members of his family cried out.

His former wife sobbed just outside the courtroom.

A jury that convicted him had previously deadlocked on whether to recommend the death penalty and was dismissed. A second jury was brought in to decide Von Haden’s punishment.

Defense attorneys argued that Von Haden was clinically depressed when he killed the children and could not see beyond his own pain.

Orange County Superior Court Judge Francisco Briseno set a sentencing date for Jan. 7.