Sentencing: death penalty or life in prison?

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:furious:
agent_scully said:
Seems like if RC is charged and conviceted of the most agregious offense, he would only be serving life in prison, no death penalty.

http://abcnews.go.com/US/raymond-clark-alleged-annie-le-murderer-death-penalty/story?id=8613554

Does anyone know if in CT if he is sentenced to life would he ever be eligible for parole?
Click to expand...

Found this...it's from Jan 28, 2005:

Quote
A person convicted of a capital felony must be sentenced to either the death penalty or life imprisonment without the possibility of release. The law requires a separate sentencing hearing before a judge or jury to weigh mitigating and aggravating factors to decide whether to impose the death penalty. The judge or jury cannot impose the death penalty and must sentence the person to life imprisonment without the possibility of release if the judge or jury determines that mitigating factors outweigh, or are of equal weight to, the aggravating factors or if any of five automatic bars to the death penalty exist. Otherwise, the person must be sentenced to death.
Unquote

And then I saw this:

Quote
A person convicted of a capital felony can be sentenced to either the death penalty or life imprisonment without the possibility of release. A person commits a capital felony if he:

1. murders, while the victim was acting within the scope of his duties, a police officer, Division of Criminal Justice inspector, state marshal exercising his statutory authority, judicial marshal performing his duties, constable performing law enforcement duties, special policeman, conservation or special conservation officer appointed by the environmental protection commissioner, Department of Correction (DOC) employee or service provider acting within the scope of his employment in a correctional facility and the perpetrator is an inmate, or firefighter;

2. murders for pay or hires someone to murder;

3. murders and was previously convicted of intentional murder or murder while a felony was committed;

4. murders while sentenced to life imprisonment;

5. murders a kidnapped person and is the kidnapper;

6. murders while committing first-degree sexual assault;

7. murders two or more people at the same time or in the course of a single transaction; or

8. murders a person under age 16 (CGS § 53a-54b).
Unquote

As much as I despise saying this, I have a strong feeling he may not even be a death penalty candidate if these are still the guidelines in the State of Connecticut and if he didn't sexually assault Annie. That truly sucks. I'm almost hoping there's sperm found so he can fry.

Found at this link:
http://www.cga.ct.gov/2005/rpt/2005-R-0136.htm
 
Just looking at the public defenders working on his case, and what I've been able to find about Lopez...

Given that it was stated in an article that the Public Defender's office doesn't usually get involved in a case until the trial phase but yet we have in this case seen the PD office was consulting prior to the arrest...

I'm really wondering what the sentence will be that will be persued and if there is a plea in the works? Possibility given Lopez's other cases so far.

If the family of Annie Le agrees and is comfortable with a plea I am not against it, as much as I like to see offenders face the full consequences of their actions. In my mind, the family of the victim trumps anyone else...period

Jersey, I'm not seeing a DP case either. Then again I don't have all the facts and evidence that LE has.
 
Hmmmm. I think they need to add

9. Murders a young woman with a bright future just days before her wedding.
 
Jersey*Girl said:
:furious:


Found this...it's from Jan 28, 2005:

Quote

A person convicted of a capital felony must be sentenced to either the death penalty or life imprisonment without the possibility of release. The law requires a separate sentencing hearing before a judge or jury to weigh mitigating and aggravating factors to decide whether to impose the death penalty. The judge or jury cannot impose the death penalty and must sentence the person to life imprisonment without the possibility of release if the judge or jury determines that mitigating factors outweigh, or are of equal weight to, the aggravating factors or if any of five automatic bars to the death penalty exist. Otherwise, the person must be sentenced to death.

Unquote

And then I saw this:

Quote
A person convicted of a capital felony can be sentenced to either the death penalty or life imprisonment without the possibility of release. A person commits a capital felony if he:

1. murders, while the victim was acting within the scope of his duties, a police officer, Division of Criminal Justice inspector, state marshal exercising his statutory authority, judicial marshal performing his duties, constable performing law enforcement duties, special policeman, conservation or special conservation officer appointed by the environmental protection commissioner, Department of Correction (DOC) employee or service provider acting within the scope of his employment in a correctional facility and the perpetrator is an inmate, or firefighter;

2. murders for pay or hires someone to murder;

3. murders and was previously convicted of intentional murder or murder while a felony was committed;

4. murders while sentenced to life imprisonment;

5. murders a kidnapped person and is the kidnapper;

6. murders while committing first-degree sexual assault;

7. murders two or more people at the same time or in the course of a single transaction; or

8. murders a person under age 16 (CGS § 53a-54b).

Unquote

As much as I despise saying this, I have a strong feeling he may not even be a death penalty candidate if this is still the guidelines in the State of Connecticut and if he didn't sexually assault Annie. That truly sucks. I'm almost hoping there's sperm found so he can fry.

Found at this link:
http://www.cga.ct.gov/2005/rpt/2005-R-0136.htm
Click to expand...

Those rules sound so exclusive. I wonder if they can prove he "lured" her to the lab in order to kill her, it would constitute some form of kidnapping? I guess that is a stretch....
 
Columbo said:
Those rules sound so exclusive. I wonder if they can prove he "lured" her to the lab in order to kill her, it would constitute some form of kidnapping? I guess that is a stretch....
Click to expand...

Actually, I was wondering the same thing. I don't know the law's stance on that, though. Any law people available on here? If so, are these still the correct guidelines for CT?
 
http://www.cga.ct.gov/2005/rpt/2005-R-0192.htm

Classification of Crime
Punishment
Capital felony
execution or life imprisonment

Class A felony (murder)
25 to 60 years up to $ 20,000

Class A felony
10 to 25 years up to $ 20,000

Class B felony
1 to 20 years up to $ 15,000

Class C felony
1 to 10 years up to $ 10,000
Click to expand...

I have been unable to listen to the formal charges brought before the court the other day. How was the charge of Murder phrased? Exactly please?

OT: I'm sorry I have purchased upteen pairs of earbuds but they grow legs and follow my teens out the door. :wink:
 
Where it says "murders while committing a felony" - could beating Annie up and strangling her constitute a felony? Or would that go with the terrotory of murder as the result of a fight? Beating up and strangling, is that a civil charge, or could it be considered a felony? There appears to be a fine line there.

I'm thinking it could be considered a felony. Could a lawyer weigh in?

:blowkiss:
 
Columbo said:
Those rules sound so exclusive. I wonder if they can prove he "lured" her to the lab in order to kill her, it would constitute some form of kidnapping? I guess that is a stretch....
Click to expand...

http://apublicdefender.com/2008/06/29/supreme-court-changes-course-on-kidnapping/

CT supreme court ruled a change in 2008 on kidnapping.

snipped:
...The test: So what does all of this mean? Well, now, it is no longer kidnapping to restrain an individual where the restraint is merely incidental to the commission of the underlying felony...
Click to expand...

There's always a chance that this case will be used to challange that ruling.
 
An atty last night said that since strangling takes a long time to do, it is possible to prove pre-meditated, since he had several minutes to either change his mind and not kill her or to keep strangling her and killing her. A prosecutor stands with a dummy and puts 4-5 minutes on the clock and proceeds to strangle the dummy to show how long it takes.

The luring issue is also a possibility.

If he forced her from one area to another and then killed her, that's kidnapping. So, if he moved her from her lab area to another location and then killed her...that could be considered kidnapping by some states (some states have indicated the number of feet a person must be moved in order for it to be considered "kidnapping". I think they know where she was murdered at from her saliva on the floor.


Is anyone else amazed that there seemed to be a lot of blood? I realize that there was scratching and such going on...but would that have resulted in a lot of blood? Makes you wonder if some broken glass was involved. There had to be enough blood that he didn't feel comfortable wearing the clothes out of the lab...because you'd think he would have just taken them out and washed them somewhere....like a laundromat.....if there had only been a very small amount of blood (hardly noticeable.)
 
JL50ish said:
An atty last night said that since strangling takes a long time to, it is possible to prove pre-meditated, since he had several minutes to either change his mind and not kill her or to keep strangling her and killing her.

The luring issue is also a possibility.

If he forced her from one area to another and then killed her, that's kidnapping. So, if he moved her from her lab area to another location and then killed her...that could be considered kidnapping by some states (some states have indicated the number of feet a person must be moved in order for it to be considered "kidnapping". I think they know where she was murdered at from her saliva on the floor.


Is anyone else amazed that there seemed to be a lot of blood? I realize that there was scratching and such going on...but would that have resulted in a lot of blood? Makes you wonder if some broken glass was involved. There had to be enough blood that he didn't feel comfortable wearing the clothes out of the lab...because you'd think he would have just taken them out and washed them somewhere....like a laundromat.....if there had only been a very small amount of blood (hardly noticeable.)
Click to expand...

bolded by me.

This is exactly what I was thinking ! It takes a long time and a lot of effort, and he could have stopped before she was dead.
I bet there was a lot of broken glass--that's a great theory on where all the blood came from. Too bad Annie couldn't have grabbed a large enough shard of glass to make a knife and stab him.
 
Columbo said:
Too bad Annie couldn't have grabbed a large enough shard of glass to make a knife and stab him.
Click to expand...

That's harder to do than you think. It looks good in the movies, but doesn't work very well in real life.
 
JL50ish said:
An atty last night said that since strangling takes a long time to, it is possible to prove pre-meditated, since he had several minutes to either change his mind and not kill her or to keep strangling her and killing her.

The luring issue is also a possibility.

If he forced her from one area to another and then killed her, that's kidnapping. So, if he moved her from her lab area to another location and then killed her...that could be considered kidnapping by some states (some states have indicated the number of feet a person must be moved in order for it to be considered "kidnapping". I think they know where she was murdered at from her saliva on the floor.


Is anyone else amazed that there seemed to be a lot of blood? I realize that there was scratching and such going on...but would that have resulted in a lot of blood? Makes you wonder if some broken glass was involved. There had to be enough blood that he didn't feel comfortable wearing the clothes out of the lab...because you'd think he would have just taken them out and washed them somewhere....like a laundromat.....if there had only been a very small amount of blood (hardly noticeable.)
Click to expand...

JL50ish, I'm not sure of the amount of blood found. I've only seen it reported that blood was found...that could have been large amounts or that could have been pinpoint sized droplets or spray. So I have held back on speculating about it because I don't know exactly how much blood was found. KWIM?
 
I'm thinking that there was enough blood that he didn't feel comfortable wearing the clothes out of the building. If the amounts were small, he could have "spot treated" it with hydrogen peroxide or windex in the bathroom.
 
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