Sept. 15 ARIZONA: Court upholds conviction, death sentence for slaying A divided Arizona Supreme Court on Wednesday upheld a man's conviction and death sentence for the 1995 murder of a man who had solicited paid sex from the man's girlfriend. The court ruled 4-1 in the case of Michael Joe Murdaugh, convicted and condemned for the bludgeoning death of David Reynolds after Reynolds was held captive overnight in a car trunk in Murdaugh's garage. Reynolds was lured to the home by the girlfriend after she told Murdaugh that Reynolds had propositioned her at a gasoline station. The girlfriend and several others witnesses the killing. The ruling was the latest in which the state high court has reviewed death-penalty cases after a U.S. Supreme Court ruling that said juries, not judges, must decide whether factors exist that could warrant a death sentence. A majority of 3 justices and a fill-in judge from a lower court upheld Murdaugh's conviction in Maricopa County Superior Court and said it concluded beyond a reasonable doubt that a jury would have reached the same decisions on sentencing factors as the trial judge did. Dissenting Justice Rebecca White Berch, disagreed, saying there was no way to know whether jurors would reach the same sentencing conclusions as the trial judge. "I cannot know whether the jurors would weigh as lightly as the trial judge did Murdaugh's impairment from drug use at the time of the murder, his diminished mental abilities, his cooperation, his remorse, or his desire to spare his family and the victim's family," Berch wrote. "They might well, but they would not be unreasonable if they gave reasonable weight to such factors." With the ruling in Murdaugh's case, the state has now reviewed 19 cases, upholding death sentences of 2 men and ordering resentencings for 18 others. Murdaugh also was sentenced to 21 years in prison for kidnapping Reynolds and 15 years for robbing him. The same day that Murdaugh pleaded guilty in Reynolds' death, Murdaugh also pleaded guilty to murdering Douglas Eggert earlier in 1995. He was sentenced to life in prison for killing Eggert. The case is State vs. Murdaugh, CR-01-0421-AP. (source: Associated Press) MARYLAND: Prosecutors To Seek Death Sentence In Prison Stabbing----Inmate Accused Of Killing Another Inmate In State Prison Anne Arundel County prosecutors plan to seek the death penalty for a prison inmate accused of killing another inmate at the state House of Correction Annex in Jessup. Robert McFarlin is charged with the fatal stabbing of Damon Bowie in February. Because Bowie was killed inside a state prison, the case is eligible for a death sentence. No trial date has been set. (source: The WBalChannel) CALIFORNIA: D.A. To Seek Death Penalty Against Accused Cop Killer -- Suspect's Sister: 'He Is Not Going To Get A Fair Trial In Merced' It was five months ago that a Merced police officer was shot and killed. On Wednesday morning, the man charged with the murder learned whether prosecutors would seek the death penalty. "We agreed that this was an appropriate case to seek the death penalty against Tao Rivera because this gang member deliberately decided to take the life of one of Merced's finest," said District Attorney Gordon Spencer. Rivera's family showed up unexpectedly to the court appearance, interrupting Spencer. "You guys are all working together," said Nancy Rivera, Tao's sister. "You guys are crooked. Everybody is working together. He is not going to get a fair trial in Merced." Nancy Rivera blasted the district attorney, then turned to say something to Gray's widow. "I feel sorry to (Gray's) family that he is dead, but that is not my brother's fault," Nancy Rivera said. With officers standing nearby, the sister's outburst ended when family members dragging her away to stop the shouting match. The district attorney then continued to speak about what was supposed to be a routine traffic stop to check on a Merced parolee on April 15. "Tao Rivera decided to pull that gun. He deliberately got out of the car. He pulled it, and he shot and killed Officer Gray," Spencer said. The officer's widow -- Michelle Gray -- spoke of her family's pain. "I understand things get easier with time," Michelle Gray said. "That hasn't been the case for our family. There is a lot of open wounds still, and the decision to pursue the death penalty is certainly not going to give us any closure." Rivera's preliminary hearing is set to begin next month. His family says they will fight to move the trial. The district attorney says prosecutors will argue that Rivera can get a fair trial in Merced. (source: The KCRAChannel)
