Fugate has always maintained that Starkweather was holding her hostage by threatening to kill her family, claiming she was unaware they were already dead. Judge Harry A. Spencer did not believe Fugate was held hostage by Starkweather, as he determined she had had numerous opportunities to escape. When Starkweather was first taken to the Nebraska penitentiary after his trial, he said that he believed that he was supposed to die. He said if he was to be executed, then Fugate should be also.