Gibson pleaded guilty in for the sexual assault and bludgeoning death of Christine Whitis, a family friend who had come to his New Albany home to console Gibson after his mother's death. After he was arrested for Whitis' murder, police excavated Gibson's yard to recover the body of Stephanie Kirk, a year-old Charlestown woman who disappeared in At sentencing, in response to being sentenced to death, he replied "I deserve what I'm getting.
Dzhokhar Tsarnaev's attorneys asking for new trial Tsarnaev was sentenced to death for his role in Boston Marathon bombing Lawyers representing Boston Marathon bomber Dzhokhar Tsarnaev sought Tuesday to spare him from the death penalty, citing a Supreme Court ruling they say taints half of the charges of which he was convicted.
Tsarnaev, now 22, was sentenced to death in June after being convicted of working with his brother to plant pressure cooker bombs at the race's finish line in an attack that killed three and injured hundreds. But his attorneys say prosecutors were able to pile on more severe charges using a federal law that was partly invalidated by the high court this summer, and that without those enhanced charges, Tsarnaev may have gotten a more lenient sentence.
They are pushing for a new penalty phase trial, and want it held outside of Boston. Courtroom sketch depicts Boston Marathon bombing suspect Dzhokhar Tsarnaev in federal court in Boston. Supreme Court decision from earlier this year. In that case, Johnson vs.
United States ,the court ruled held that the term "violent felony" as it applies to a law allowing for harsher prison terms in certain cases is unconstitutionally vague. The defense argued that the number and nature of those charges likely influenced jurors when they decided Tsarnaev deserved the death penalty.
A jury found Tsarnaev responsible for the three deaths, horrific injuries to hundreds of people and for the brutal ambush killing of an MIT police officer.
At sentencing Tsarnaev confessed and apologized. District Judge George O'Toole, who presided over the trial, agreed to hear arguments on the motion but only specifically related to the Supreme Court decision.
In that case, the court determined a law related to tougher penalties for the use of explosives or firearms tied to a crime of violence was unconstitutional. Fick took a narrow interpretation of the case and argued a "crime of violence" was not appropriate to some of the counts, including ones alleging conspiracy.
Attorney Andrew McCarthy, who prosecuted the terrorists who bombed the World Trade Center insaid the Tsarnaev team is off-base in trying to apply the Johnson case. In that case, the Supreme Court had ruled "violent felony" was a vague term in certain instances, such as extortion, where violence may or may not be involved.
Tsarnaev's use of a bomb left no gray area, he said. Prosecutors have begun the process of seeking restitution from Tsarnaev but the efforts are viewed as largely symbolic. Tsarnaev remains at the Federal Supermax prison in Colorado and was not present at Tuesday's hearing.Less Support for Death Penalty, Especially Among Democrats.
Supporters, Opponents See Risk of Executing the Innocent. Survey Report. A majority of Americans favor the death penalty for those convicted of murder, but support for the death penalty is as low as it has been in the past 40 years.
The prosecution claims that it struck because demanded a higher standard of proof to impose the death penalty and was generally hostile to the death penalty. On appeal, appellants offer a lengthy comparison of 's views to those of seated white jurors. There have been 1, executions in the United States since , according to the Death Penalty Information Center.
Falling from a peak of 98 in , there were 23 executions in Crime Control and the Death Penalty The execution of Harold McQueen on July 1, has revived the debate in Kentucky about the use of capital punishment.
Much of that debate centers around issues of morality, ethics, and the appropriateness of vengeance as a matter of state policy. Jun 28, · There were four propositions on state ballots for direct votes of the people, and the pro-death-penalty side ran the table.
In Nebraska, the people delivered a stinging rebuke to their legislature, reversing the repeal of the death penalty by a percent margin, with majorities in 92 of 93 counties.
May 05, · In many states, especially those in the Southern "death belt" where death rows are crowded with hundreds of the condemned and executions are common, finding lawyers for defense appeals is a scramble.