Trial

October 5, 1976

Provo County Courthouse

Gilmore's murder trial began at the Provo courthouse on October 5, 1976 and lasted all of two days.

Peter Arroyo, a motel guest, testified that he saw Gilmore in the motel registration office that night.  After taking the money, Gilmore apparently ordered Bushnell to lie down on the floor and then shot him in cold blood.

Gerald F. Wilkes, a FBI ballistics expert, matched the two shell casings and the bullet that killed Bushnell to the gun hidden in the bush.  A patrolman testified that he had traced Gilmore's trail of blood to that same bush.

The defense offered no defense: Gilmore's two court-appointed lawyers, Michael Esplin and Craig Snyder, made no attempt to cross-examine the majority of the state's witnesses, and quickly rested without calling any witnesses for the defense.  Since Gilmore's own family had turned him in to the authorities that lack was understandable, but Gilmore protested, and the following day asked the judge if he could take the stand in his own defense, figuring that due to the dissociation and lack of control he felt that the time, he had a good case for insanity.

His attorneys presented the findings of four separate psychiatrists, all of whom had said that Gilmore was aware of what he was doing and that he knew it was wrong at the time.  While he did have an antisocial personality disorder, which may have been aggravated by drinking and drugs, he still did not meet the legal criteria for insanity.  Faced with this, Gilmore withdrew his request, and seemed suddenly to resign himself to his situation.

On October 7, at 10:13 a.m., the jury retired to deliberate; by mid-day, they had returned with a guilty verdict.  Later that day, the jury unanimously recommended the death penalty, due to the special circumstances of the crime.