BLOOMINGTON - The jury in the Maurice LaGrone Jr. murder trial will not be allowed to consider involuntary manslaughter as a verdict option when they begin deliberating today in the first-degree murder trial.

During a conference on jury instructions Wednesday, defense lawyers for LaGrone asked DeWitt County Judge Stephen Peters to allow the lesser offense as an option. Peters denied the request, saying the evidence does not point to reckless conduct on LaGrone's part.

"It may approach negligence or something else, but I don't believe the lesser offense should be tendered to the jury," said Peters.

LaGrone, 30, faces nine counts of murder in connection with the September 2003 drowning deaths of three children - Christopher Hamm, 6, Austin Brown, 3, and Kyleigh Hamm, 23 months - in Clinton Lake. Amanda Hamm, the children's mother and also LaGrone's girlfriend at the time, faces similar charges.

Special prosecutors Roger Simpson and Ed Parkinson opposed the move to include involuntary manslaughter. Simpson argued outside the presence of the jury that for involuntary manslaughter to be considered, the trial evidence must include evidence of recklessness on LaGrone's part.

"There's no conduct that can be described as reckless in this record," said Simpson.

The admission by LaGrone that he parked Hamm's car on a boat ramp close to the water with three children in the back seat is proof of reckless behavior, countered Justice.

"The outcome itself shows it was an unreasonable risk," Justice told Peters.

Parkinson said the state was pleased with the decision.

"It always muddles up the case," Parkinson said of lesser offenses. "This is pretty clear cut - it's either murder or an accident."

LaGrone defense attorney Jeff Justice told Peters that he and defense lawyer Tom Griffith had three conversations with LaGrone about the possible manslaughter charge.

The last discussion took place during a two-hour break in Wednesday's conference. At the end of those discussions, defense attorneys concluded that an all-or-nothing approach in the capital case based largely on circumstantial evidence may have been too risky for LaGrone.

"Jeff and I would have liked to have had it all or nothing, but we have a client in the middle," Griffith said.

Griffith also said he and Justice were concerned about what the jury may take away from LaGrone's testimony.

"My fear is this: I don't believe the state has proven Maurice did this intentionally. On the other hand, Maurice got up on the witness stand and said, 'It's my fault three kids are dead,' " said Griffith.

Following the ruling, Justice said the move was intended to give the jury another option during its deliberations.

"This would have given the jury something to compromise on if they felt there was not enough evidence for murder, yet three kids are dead and someone has to pay," said Justice.

One of the fathers of the three children who attended Wednesday's conference was angered that involuntary manslaughter was under consideration as a possible verdict.

"I believe he intentionally drove the car into the lake and murdered the kids," said Craig Brown, father of Austin. A lesser charge was viewed by Brown as "too easy an out for them (jurors.)"

Brown has attended most of the court proceedings against LaGrone and plans to return today for closing statements and wait for a verdict.

Edith Brady-Lunny can be reached at eblunny@mchsi.com.