I’ve been confused about how AZ’s death penalty might come into play in this case. Is there still a chance she could be indicted for Murder 1 Instead of Conspiracy? How would that work, if so?
The issue of the Murder of CV, and how the state of AZ is holding trial for it, has always seemed to me to be weird.
1 As to your question of "is there a chance" for AZ to indict her for Murder of CV (not just for plotting to do so), the answer is Yes. If they felt the evidence pointed to her guilt, and could be proved, nothing would prevent such a charge. And Murder in AZ does carry a DP possibility. But so far, as far as we know, there has not been an indictment for "Murder" for what was done to CV.
2 To me, I don't see any good reason why they haven't made Murder the charge. If they think she planned it (and the conspiracy charge says that's exactly what they think), and then he was murdered, and she apparently knew exactly when it would take place, wanted it done, maybe even set the date and time, was there before and after (and maybe even during), isn't that Murder no matter whether she pulled the trigger or not?
3 So far, the only indictments ever made public against her are for conspiracy to murder, with separate indictments for doing so against BB and CV. However, the phrasing "Murder Charge" has been used, in various places and even in court. Is it possible that a plot to murder (conspiracy) that is then successful and results in murder can be tried as a Murder (which it is) -- and then the consequences become a death sentence? That seems like the right and rational thing to do, but no one has been saying things like that around the case afaik. And "conspiracy" is a different statute than "murder" with different possible sentences.
4 There has been weirdness on the Official Court Cases site in AZ over what the charges are. This first happened in May, once she was convicted in ID, and then it was all erased for awhile. Then when she was transferred to AZ, it reappeared.
In its current form, for the CV case (based on date of offense), it says she is facing charges for "Murder 1st Degree" with the statute 13-1105A being that for a murder (not for a conspiracy). For the BB case, it says she is facing charges for "Murder 1st Degree - Premeditated" with the statute also being 13-1105A - even though BB is still alive! Note that AZ has a separate statute number and set of possible sentences for a
conspiracy to commit _____ which is 13-1003.
5 Considering all of that, it has been possible that there is a hidden indictment for Murder against her. Back in the summer, I thought that was quite possible, given all the weirdness. Maybe they wanted to avoid any extradition issue over her facing a DP in a diff state? Now, I just think they are sloppy or stupid in AZ, because the wrong info still is being posted, and the same sloppiness in terms, but no sign of a hidden indictment.
6 As to how they could indict and charge her with Murder (with DP possible), it seems like that would only be a matter of getting it done, if they desired to do so. They already have the evidence. She's already in custody for a different case. They just need to empanel a GJ to indict her, then charge her, have her arraigned, and so on, and then head towards trial. In my weak moments, I still have some faint hope that her Murder of CV charge is coming, and they are merely stalling for time (to get their evidence all lined up) before pulling the trigger on a GJ indictment, at which point they begin to face the clock starting on her speedy trial limits.
ETA - I assume that, to avoid double jeopardy prohibitions, they would drop the conspiracy charges (re the CV murder, if not both) if they got a Murder indictment. And I also assume that their cutoff for such a Murder indictment would be before the CV-Conspiracy case begins, and that cutoff point being well before that trial date. I'm not sure how the timing on that would have to work, but there has to be a limit.
