death penalty news July 9, 2004
PENNSYLVANIA: Death penalty will be sought against Gottstein in Sullivan County Sullivan County District Attorney Max Little plans to seek the death penalty for homicide suspect Jason Scott Gottstein. The district attorney has filed a "notice of aggravating circumstances" in Sullivan County Court which states that he will seek the death penalty if Gottstein's case proceeds to trial. Gottstein, 20, is accused of shooting and killing 74-year-old Roger F. Bardman in Laporte Township in early April. The homicide took place in a wood workshop at Bardman's residence on state Route 2006, police say. Gottstein is accused of taking cash from Bardman's home before fleeing, police said. Gottstein was captured in North Las Vegas, Nev., on April 15. Gottstein, who lives on Elizabeth Street in Wilkes-Barre, has been charged with murder of the first, second and third degrees, as well as robbery and burglary. A trial date of Oct. 25 has been set for Gottstein in Sullivan County Court. (source: The Daily & Sunday Review) ===================== CALIFORNIA: No death penalty for accused family killer More than 22 months after Eddie Rapoza drove off a Moss Beach cliff in a minivan carrying his pregnant wife and 4-year-old daughter, the Foster City man learned he will not face the death penalty in their murders. District Attorney Jim Fox will formally announce the decision today, the same day a judge will set a jury trial date and decide whether Rapoza and the attorneys involved must remain closemouthed throughout the process. Rapoza, 36, is charged with three first-degree murders because his wife?s unborn 8-month-old female fetus was considered viable. The alleged murder of his two children helped Rapoza meet the multiple murder standard for the death penalty. Fox made his decision after meeting with defense attorneys and prosecutors in his office for more than three hours Tuesday afternoon. Investigators also conducted exhaustive background searches that took them to Hawaii. A temporary gag order prevents attorneys on either side from discussing the decision specifically but Chief Deputy District Attorney Steve Wagstaffe said they did speak about the recent Seti Scanlan capital murder trial. That trial ? in which Scanlan confessed to first-degree murder and asked for the death penalty ? ended in a mistrial when jurors deadlocked 9-3 in favor of death. He could not elaborate yesterday on what role that played in the Rapoza decision. Rapoza?s family ? his 34-year-old wife Raye, her nearly 8-month-old fetus, and toddler daughter Tehani ? plunged into the ocean Oct. 6, 2002 when their minivan sped over the side of a cliff. Raye and her unborn daughter died at the scene and Tehani struggled on life support for two days before being declared brain dead and removed. Rapoza survived the crash, was treated for multiple injuries and arrested days later for murder. Comparisons to Peterson Little more than two months after the crash the case would merit comparisons to a far more well-known murder case against a pregnant woman ? that of Scott Peterson in Modesto. When Peterson?s case moved to San Mateo County, the two trials invited even more scrutiny of their parallels. Now, they will be heard in neighboring courtrooms. Although Peterson?s case originated in Stanislaus County, Wagstaffe confirmed it was discussed during the conversation about Rapoza?s fate. Fox also contemplated the pending quadruple murder trial of Alfredo Valenzela and cases throughout the nation. ?We obviously have a San Mateo County standard but you do look at what?s going on elsewhere,? Wagstaffe said. Among the considerations are ?the thought process? of the murder ? in other words, premeditation. ?Generically, when you have a triple murder there is a presumption that you seek the death penalty. But you have to look at the details,? Wagstaffe said. In March 1998, 25-year-old Megan Hogg of Daly City was charged with fatally smothering her three daughters. Hogg methodically bound the hands and faces of the children ? ages 7, 3, and 2 ? with duct tape. Police reported that she took them into a bedroom one at a time, suffocated them and then fetched the next. Although they could prove premeditation in Hogg?s case, prosecutors sought life in prison rather than death after weighing her psychiatric issues. In comparison, Rapoza has yet to show any mental deficiencies or a plan to kill. ?We have to be logical and consistent ... What are you able to prove?? Wagstaffe said. Conflicting stories Rapoza?s case is heavily dependent on whether a jury believes he wanted his family dead prior to speeding off the cliff. Rapoza has claimed both that it was a botched suicide attempt and that his foot was stuck on the accelerator. Rapoza told the Daily Journal in a jailhouse interview his foot was stuck on the accelerator but police officers claim he confessed wanting to kill his family and himself. Authorities said the crash was the fatal end to a jealousy-fueled rage in which Rapoza accused his wife of infidelity and carrying a child that was not his. An autopsy later revealed that Rapoza was the fetus? biological father. The Rapoza marriage was riddled with rifts, according to their family and authorities. During a preliminary hearing the victim?s sister also testified that the couple?s 18-year-old relationship was marked with fights, jealousy and temporary separations. During one split, Raye Rapoza stayed at her sister?s home and Eddie Rapoza threatened to set the house on fire, according to authorities. Rapoza denied the claims of domestic violence and said he loved his family. A series of delays Since Rapoza?s arrest days after the fatal crash, his case ? and the death penalty decision ? was continually delayed by his requests for new court-appointed attorneys and their requests for more preparation time. Prosecutors also played a role because prosecutor Al Giannini was tied up with another murder trial and could not meet with defense attorneys to hear why they believe their client should be spared. Most recently, Rapoza?s case incurred more legal twists when his attorneys had his trial postponed despite their client?s wish for a speedy resolution. The attorneys also successfully asked for a temporary gag order to prevent all parties involved from speaking to the press. A hearing on a permanent order will be held this morning; a jury trial date should be set at the same time. Rapoza remains in custody on no-bail status. (source: Daily Journal)
