death penalty news
August 13, 2004
PENNSYLVANIA:
2nd jury could decide if Pituch gets death penalty
A state Superior Court judge Tuesday ruled a second jury could be impaneled
to decide whether to impose the death penalty if a Medford man is convicted
of murdering an 11-year-old Evesham youth two years ago.
Ronald Pituch, 29, of Huntington Circle is also charged with bludgeoning
his mother, Josephine, 56, to death with a 20-pound barbell inside their
family home on Oct. 17, 2002, after the two argued because she refused to
buy him a pack of cigarettes.
The prosecution contends Pituch then got on a motorized dirt bike and rode
to the Kings Grant section of Evesham where he had a chance encounter with
the boy, Gregory Katsnelson, who was riding his bike on a wooded path to
meet up with friends.
Authorities said Pituch stabbed the youth multiple times and left his body
in a shallow lake where it was found a short time later.
Burlington County Prosecutor Robert D. Bernardi said if Pituch is convicted
by a first jury, he would ask a second jury to consider the death sentence
because Katsnelson was under the age of 14, an aggravating factor
qualifying it as a capital case.
If convicted of murdering his mother, Pituch could face life in prison.
Bernardi said the state went before Superior Court Marvin E. Schlosser to
ask that the case be bifurcated, separating the guilty and penalty phases
of the trial, out of fairness to the defendant.
Cedric Edwards, a public defender representing Pituch, fought the move
asking for a single jury to decide the sentencing in both cases.
Bernardi told the judge he thought if a single jury found Pituch guilty, it
would be difficult for the same jury to be impartial as it could be
influenced by the facts of the mother's killing and could be prejudiced
against Pituch.
A second jury, in theory, would not know of the mother's death or if Pituch
had been convicted.
However, Edwards said he wanted a single jury to know about the mother's
case as it would indicate Pituch's "state of mind" at the time of
Katsnelson's slaying.
Pituch's family has said he has suffered from schizophrenia for more than a
dozen years.
Yesterday, Bernardi said Edwards had indicated he intended to appeal
Tuesday's ruling.
"The defense has 20 days to file with the Appellate Court which has the
discretion as to whether to hear it or not," the prosecutor said.
"If they do decide to take the case, it could be weeks or months before it
is heard, further pushing back the trial date which is now set for Oct. 5.
We are in a holding pattern until we hear about the appeal."
Edwards could not be reached for comment yesterday.
(source: Medford Central Record)
===========================
NEW YORK:
NYS Death Penalty Law
The problem is if a jury can't decide on death OR life in prison, then the
judge gets to sentence the person up to life in prison with the possibility
of parole.
Knowing that, undecided jurors could be swayed to vote for death, because
they don't ever want the suspect to go free.
The state Senate just approved a change in the law so when juries deadlock
on the punishment, the offender automatically gets life in prison without
parole.
Juries would also be able to decide life in prison with the possibility of
parole. The plan still needs approval from the state Assembly.
(source: WBNG)
