Oct. 11 ARKANSAS: Marcyniuk Asks Judge To Toss Death Penalty A West Fork man charged with killing University of Arkansas student Katie Wood is asking the judge to declare the death penalty unconstitutional. Zachariah Scott Marcyniuk, 29, is charged with capital murder and accused of killing Wood, 24, of Greenbrier, in early March. Wood was a senior English major. The basis for seeking the death penalty are Marcyniuk's prior felony conviction involving the use or threat of violence and the especially cruel and depraved manner in which he killed Wood, according to Prosecuting Attorney John Threet. A preliminary autopsy indicated Wood died of multiple stab wounds. Marcyniuk is also charged with burglary for breaking into Wood's apartment. The motion, filed Friday, to prohibit imposition of the death penalty contends that if jurors find even one aggravating circumstance, the death penalty becomes mandatory. The motion argues that makes the death penalty unconstitutional because it doesn't allow a jury to show mercy. The motion also says Arkansas law fails to provide a jury with guidance as to what degree of murder is appropriate, specifically 1st degree versus capital murder, and can lead to a jury arbitrarily choosing a verdict for a higher offense than is appropriate. Trial is set for the week of Dec. 8. (source: The Morning News)
[Deathpenalty] death penalty news-----ARKANSAS
Rick Halperin Sat, 11 Oct 2008 00:08:35 -0500 (Central Daylight Time)
