02-19-2015, 03:05 PM
My rant for the day.....
I am having trouble with this case after so long.
Whatever one believes are the reasons for this to have gone on for as long as it has is of no consequence to me.
It has just lasted far too long in my books.
For me, I find that there is a simple decision to make.
(Please note that in saying this, I do not negate the efforts that a defense team must make in defending their client AND the efforts by the state to prove their case.)
A man was murdered.
He was killed in a horrific and painful, cruel manner.
For someone to do this, it took time to plan to get their desired result.
The perpetrator tried over and over again to cover up their crime.
Eventually, this person was tried and convicted of Premeditated First Degree Felony Murder with the aggravating factor of Extreme Cruelty.
In Arizona, this made them eligible for the Death Penalty.
With a mistrial called when no sentencing verdict could be rendered, a new sentencing trial was warranted.
Again, this is the law.
This second trial has all the same main players, the defendant, the defense team, the prosecution and the judge.
The jury empanelled has no idea of the proceedings from the guilt trial.
They must render their verdict with the evidence presented in this second one.
The Defense.....
- they have presented their mitigating factors to the court
- their main case for no DP for their client is because she is mentally ill, has been abused in early childhood and in her relationship with the victim and that the victim was a pedophile and porn lover
- they have used "experts" to help prove their case
- they have used their experts to try and destroy the reputation of the state's expert all in an effort to win their case
- they have even attacked the very faith that sustained the true victim
- they have re-victimized the victim throughout
- they have victimized the family of the true victim
- they have filed motion after motion (delay tactics in my opinion AND to set up for future appeals)
- they have not presented even one person to stand and fight for the life of their client
- their client has testified for a day and a half and refused to testify further
- they presented 2 affidavits from "witnesses" as they were fearful of testifying in open court (In fact, the defendant has admitted that they made their decision to not testify before the penalty phase began)
- to say the least, they have used every under-handed trick in a very obnoxious, "slimy" and unprofessional manner throughout
The State.....
- they have presented the statements from the family of the victim showing the harm and suffering that this murder has caused them over the years
- they have proven through their witnesses that the victim was NOT an abuser
- they have proven that the accusations of the victim being a pedophile and a porn lover are false
- they have proven that the statements on the defense's witnesses' affidavits were lies
- they have proved that, although the defendant has been diagnosed with a personality disorder, she DID and DOES know right from wrong
- they presented their own credible expert witness who refuted the methods of the defense's experts by using current practices and their own expertise
- they have steadfast and with determination, shown that the defendant is not the victim in this case
- they continue to humanize the true victim
- they have presented the horrific photos of the victim, in death, as proof of this crime committed by the defendant
- they will remind the jury that the defendant has already been convicted of the murder and emphasize the aggravating factor of Extreme cruelty.
So, what is the simple decision that is to be made?
Should the defendant get the Death Penalty or not?
In my opinion, the evidence presented by the State in this trial coupled with the conviction of the defendant far outweighs the mitigating factors given by the Defense.
Actually, the Defense has not accomplished their burden of putting on a mitigation case. Rather, they have resorted to incredulous tactics throughout that they feel prove that the defendant was justified in her act and although convicted, should not receive the ultimate punishment.
Simple decision as I see it.
Does the evidence outweigh the mitigating factors?
This is for the jury to decide and I feel they will do it with determination and in an timely manner.
I am having trouble with this case after so long.
Whatever one believes are the reasons for this to have gone on for as long as it has is of no consequence to me.
It has just lasted far too long in my books.
For me, I find that there is a simple decision to make.
(Please note that in saying this, I do not negate the efforts that a defense team must make in defending their client AND the efforts by the state to prove their case.)
A man was murdered.
He was killed in a horrific and painful, cruel manner.
For someone to do this, it took time to plan to get their desired result.
The perpetrator tried over and over again to cover up their crime.
Eventually, this person was tried and convicted of Premeditated First Degree Felony Murder with the aggravating factor of Extreme Cruelty.
In Arizona, this made them eligible for the Death Penalty.
With a mistrial called when no sentencing verdict could be rendered, a new sentencing trial was warranted.
Again, this is the law.
This second trial has all the same main players, the defendant, the defense team, the prosecution and the judge.
The jury empanelled has no idea of the proceedings from the guilt trial.
They must render their verdict with the evidence presented in this second one.
The Defense.....
- they have presented their mitigating factors to the court
- their main case for no DP for their client is because she is mentally ill, has been abused in early childhood and in her relationship with the victim and that the victim was a pedophile and porn lover
- they have used "experts" to help prove their case
- they have used their experts to try and destroy the reputation of the state's expert all in an effort to win their case
- they have even attacked the very faith that sustained the true victim
- they have re-victimized the victim throughout
- they have victimized the family of the true victim
- they have filed motion after motion (delay tactics in my opinion AND to set up for future appeals)
- they have not presented even one person to stand and fight for the life of their client
- their client has testified for a day and a half and refused to testify further
- they presented 2 affidavits from "witnesses" as they were fearful of testifying in open court (In fact, the defendant has admitted that they made their decision to not testify before the penalty phase began)
- to say the least, they have used every under-handed trick in a very obnoxious, "slimy" and unprofessional manner throughout
The State.....
- they have presented the statements from the family of the victim showing the harm and suffering that this murder has caused them over the years
- they have proven through their witnesses that the victim was NOT an abuser
- they have proven that the accusations of the victim being a pedophile and a porn lover are false
- they have proven that the statements on the defense's witnesses' affidavits were lies
- they have proved that, although the defendant has been diagnosed with a personality disorder, she DID and DOES know right from wrong
- they presented their own credible expert witness who refuted the methods of the defense's experts by using current practices and their own expertise
- they have steadfast and with determination, shown that the defendant is not the victim in this case
- they continue to humanize the true victim
- they have presented the horrific photos of the victim, in death, as proof of this crime committed by the defendant
- they will remind the jury that the defendant has already been convicted of the murder and emphasize the aggravating factor of Extreme cruelty.
So, what is the simple decision that is to be made?
Should the defendant get the Death Penalty or not?
In my opinion, the evidence presented by the State in this trial coupled with the conviction of the defendant far outweighs the mitigating factors given by the Defense.
Actually, the Defense has not accomplished their burden of putting on a mitigation case. Rather, they have resorted to incredulous tactics throughout that they feel prove that the defendant was justified in her act and although convicted, should not receive the ultimate punishment.
Simple decision as I see it.
Does the evidence outweigh the mitigating factors?
This is for the jury to decide and I feel they will do it with determination and in an timely manner.