06:40 PM CST on Wednesday, February 22, 2006

By Mike Zientek / 11 News and Staff Reports

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Max Soffar was found guilty Wednesday morning in his second trial for a 1980 bowling alley massacre.

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Max Soffar was found guilty Wednesday morning in his second trial for a 1980 bowling alley massacre.

He had already served 25 years on death row for the crime, but had his conviction overturned.

Jurors deliberated for a total of about eight hours over the period of two days.

The state said Soffar had already confessed to the crime, the defense said he made up the story. Jurors believed the state.

Now those jurors must decide whether Soffar should live or die.

"I hope he gets the death penalty again and I hope the state takes care of the business," said Robert Temple, brother of one of the victims.

"We would like a life verdict. We think Max Soffar's life has value," said defense attorney Kathryn Kase, "And certainly anybody who's concerned about an innocent man being put to death ought to be really concerned."

Soffar was 24 when he was arrested and later convicted of killing Arden Alane Felsher, 17; Tommy Lee Temple, 17; and Stephen Allen Sims, 25, during a robbery at the Fair Lanes Windfern Bowling Center on U.S. Highway 290.

Soffar, who is now 49 years old, confessed to the murders but gave three different accounts of what happened.

In 2000, an appeals court panel ruled that police violated his right to have an attorney present during the confessions. That decision was later overturned by the full court.

Last year, the same court looked at Soffar’s case again and overturned it based on ineffective representation by his attorney.

Greg Garner, the only surviving witness, was shot in the head and left for dead at the bowling alley.

Garner testified in Soffar’s retrial, but his recollection has come into question because the incident happened nearly three decades ago and he suffered some brain damage.

The prosecution said Soffar has told the jury all they really need to hear, even if he did not testify in the retrial. By looking at old transcripts and listening to audiotape, prosecutors said Soffar told police three times that he was involved in the murders, even telling investigators what he did after the shooting.

“What’s the first thing the defendant says he does when he gets in the car?” Assistant District Attorney Denise Nassar said. “He opens it, he sees there’s one live bullet in that gun, and he reloads it. That’s what he tells the police. That’s the kind of person that he is.”

“Greg Garner was consistent in what he said – there was one robber,” defense attorney Stan Schneider said. “A single, lone gunman committed this offense, and it wasn’t Max Soffar.”

The defense claims that an inmate in Tennessee confessed to the murders, but they couldn't bring that up at trial because the inmate wanted immunity.

The defense made the argument that Soffar doesn’t have any forensic evidence left behind at the scene that would link him to the crime. They also said the sketch made at the time does not match is appearance from 1980 either.

During closing arguments on Tuesday prosecutors pointed out to the jury that Soffar had confessed to the crime so no other evidence was needed.  But the defense said Soffar made the whole thing up and there is no forensic evidence that ties him to the scene.

To sentence Soffar to death, jurors must determine that he is a continuing threat to society.

The punishment phase of the trial is expected to last about five days.