May 11



COLORADO:

Judge will allow James Holmes' attorneys to argue for 'heightened standards of fairness'


The judge overseeing the movie theater shooting case has granted a defense motion to add a hearing about fairness to next week's court schedule.

Accused shooter James Holmes and his defense were already expected to argue that they be allowed to change the current not guilty plea to not guilty by reason of insanity. That hearing is scheduled to begin at 9 a.m. Monday.

Judge Carlos Samour wrote Friday that he would add to the scheduled appearance the defense's requested hearing about "heightened standards of fairness and reliability to all aspects of this capital case."

Samour noted that the prosecution had objected to the defense's motion, but had not filed a written response. The response, however, is posted on the site hosting the case's public documents.

Samour had offered to delay the hearing if the prosecution wanted to file a response, but that doesn't appear to be necessary.

Holmes, a 25-year-old former University of Colorado graduate student, is charged with 166 counts in the July 20 massacre. The shooting, which occurred during a showing of the "The Dark Knight Rises," left 12 moviegoers dead and injured 70 people.

Prosecutors declared on April 1 they would seek the death penalty.

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Letters urge governor to deny clemency for Nathan Dunlap, sentenced to death for 4 murders


Gov. John Hickenlooper is being asked to "show courage" by denying clemency for Nathan Dunlap, sentenced to death for killing four employees of an Aurora Chuck E. Cheese during a robbery in 1993.

Letters to the governor from the Arapahoe County District Attorney and his deputy district attorney, the jury foreman on the last Colorado death penalty case from State Representative Rhonda Fields and from a former co-worker were made public Friday. All of them argued that Nathan Dunlap deserves the death penalty for his crime because he admitted killing all four employees to eliminate witnesses in the case.

The only other inmates on Colorado's death row were also convicted of killing a witness in a criminal case, the son of Rep. Fields, who was scheduled to testify against them.

The jury foreman on the Robert Ray case, who did not want his name released, wrote Hickenlooper, telling him "Mr. Dunlap, as he stated himself, killed people because they would be witnesses. Freedom, peace and justice are all values worth more than any one of our individual lives."

The foreman called the Chuck E. Cheese murders as "Aurora's original mass shooting." He also addressed augments that racism played a part in placing Dunlap on death row.

"You must trust that your citizens are not racists or ignorant fools," the jury foreman wrote. "Show the nation that Colorado does not tolerate cowardly acts of mass murder."

Rep. Rhonda Fields wrote the governor about her personal experience in the death penalty trials of Robert Ray and Sir Mario Owens -- the two men convicted of killing her son and his fiancee

Fields also argued that racism did not play a part in any of the 3 death penalty verdicts -- all rendered in Arapahoe County.

"It was not the fault of the DA back in 1993 or the DA in 2005 that Dunlap, Ray and Owens all chose to commit their murders in Arapahoe County. It was the nature of the murders, not their locations, that cause the death penalty decisions."

She called it "offensive" to suggest that race played a part in any of the cases.

Regarding the Ray and Owens death penalty verdicts, Fields wrote, "...the jurors believed that the killing of witnesses was the main factor that required the death penalty." She added, "I know that Dunlap, when asked why he killed his victims, answered that it was because they were witnesses to his crime."

She concluded her letter to the governor by saying, "I think that granting clemency would send the wrong message to criminals and to witnesses."

District Attorney George Brauchler and Chief Deputy District Attorney Matt Maillaro wrote a joint letter to to Hickenlooper, stating, "He (Dunlap) took the lives of four Colorado citizens and justice requires he now pays with his own."

"We ask you to take the courageous stop of not granting his request for executive clemency," the 2 also wrote.

A former Chuck E. Cheese co-worker and high school acquaintance of Nathan Dunlap also wrote Gov. Hickenlooper, urging him to not grant clemency for the condemned murderer.

The woman, who did not want to publicly identified, told Hickenlooper, "(Dunlap) was always a vindictive, evil and mean dark person."

She said Dunlap is a "bad person, he always has been and I believe he always will be...His actions did not just happen to occur on this one horrible night, it was from the monster that he always was."

The woman relates personal interactions with Dunlap at school and at work where she said he used "intimidation and fear."

The woman said she was scheduled to work the night of the murders but had changed her schedule in order to babysit. She said that decision saved her life. She is now a nurse.

-- DA's response: http://ch7ne.ws/11Z9LxB

-- Ray jury foreman and Rep. Fields responses: http://ch7ne.ws/16niHmb

-- Letter from co-worker who was supposed to work the night of the shooting: http://ch7ne.ws/10odAtF

Dunlap has been sentenced to die by lethal injection during the week of Aug. 18. The last person executed in Colorado was Gary Lee Davis in 1997.

Before that, the last person executed in Colorado was Luis Monge in 1967. Monge was executed in the gas chamber for murdering his wife and 3 children. Prior to his death, Colorado averaged 1 execution per year for the years the gas chamber replaced hanging in the state, which was 1934.

(source for both: thedenverchannel.com)

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DA seeks no clemency for death row inmate Dunlap


The district attorney of the office that prosecuted a death-row inmate who killed 4 employees at a Chuck E. Cheese restaurant a 1993 is among those asking Gov. John Hickenlooper to take the "courageous step" of rejecting his clemency petition.

Nathan Dunlap's lawyers are seeking clemency while also fighting in court to try to spare him from execution for the Aurora slayings, which happened during a robbery. They say their client had undiagnosed bipolar disorder at the time.

Several letters to Hickenlooper that were released Friday say Dunlap's death sentence should be carried out. They were from Arapahoe County District Attorney George Brauchler and Senior Chief Deputy District Attorney Matt Maillaro; the jury foreman in a separate Colorado death penalty case; and state Rep. Rhonda Fields.

A judge has scheduled Dunlap's execution for the week of Aug. 18. Dunlap would be the 1st person Colorado has executed since 1997.

He is among 3 men on Colorado's death row. The other 2 were convicted in the death of Fields' son, who was to testify against them in another case. The jury foreman who wrote to Hickenlooper had served at the trial of one of the men, Robert Ray. The foreman's name was redacted from the letter.

Brauchler and Maillaro wrote that the Colorado Legislature, the courts and the jury in Dunlap's case already have resolved moral and legal questions surrounding his death sentence.

"In short, to commute Nathan Dunlap's death sentence after almost 20 years would be a cruel and unjust slap in the face to those family members who have been waiting so long for justice, and it would disregard the facts of the case and the law of the land," they wrote.

In a letter more than 30 pages long, the prosecutors outline why Hickenlooper should allow the jury's decision to sentence Dunlap to death to be carried out.

"We ask you to take the courageous step of not granting his petition for executive clemency, as Mr. Dunlap and his lawyers have presented you with nothing that should cause you to believe his punishment is not just when balanced against the gravity of his crimes," they wrote.

Dunlap's lawyers have said he is remorseful. They also argue that Colorado's death penalty law, which mandates execution by lethal injection, could cause excruciating pain in violation of the Constitution's ban on cruel and unusual punishment, partly because it doesn't list required qualifications for executioners and doesn't include medical safeguards.

They also plan to argue that Dunlap cannot be executed until after he finishes a 75-year prison term for robbery and that making him wait on death row for a decade and a half is cruel and unusual punishment.

(source: Associated Press)






ARIZONA:

Arias murder trial: Death penalty for women is rare; Last female execution in Arizona: Gruesome 1930 hanging


If a jury finds Jodi Arias eligible for the death penalty, she would join only a handful of women on Arizona's death row.

Only 3 of the 125 inmates on death row in Arizona are women, and one of them, Debra Milke, recently had her conviction overturned. A woman hasn't been executed in Arizona since 1930. And that execution didn't go very well. Eva Dugan, convicted of killing a Tucson chicken farmer, was hanged and accidentally decapitated.

Arias was convicted Wednesday of the premeditated murder of her former boyfriend, Travis Alexander. Next week jurors will start deliberating whether the 32-year-old should get the death penalty or life in prison.

Killing unlikely

"Statistically ... it's very unlikely that she will be sentenced to death," said Victor Streib, a retired law professor at Ohio Northern University who has researched the death penalty since the 1970s. "If she's sentenced to death, it's extremely unlikely she'll be put to death. But predicting what a jury will do is difficult."

Streib and other experts point to 2 factors leading to the low number of women on death row:

-- Women commit far fewer 1st-degree murders than men.

-- Jurors may have a gender bias, viewing women as mothers and caregivers, traits that make it harder to impose the death penalty, they say.

Still not treated equally

"Even though we've come a long way in trying to treat women and men equally, as we know, we aren't there," said Andy Silverman, an attorney who has worked on capital cases and a professor at the University of Arizona's James E. Rogers College of Law.

Nationally, women commit about 10 % of murders but account for only about 2 % of death sentences. In a given year, 3 to 5 women receive the death penalty, a number that has stayed about the same over the past 40 years, Streib said.

It's even more rare for a state to execute a woman. Since 1973, women have accounted for only 12 executions, less than 1 %.

Women are also more likely to kill someone close to them - a husband, lover or a child - than strangers, the experts say. Crimes of passion are many times not premeditated, so they don't end up being capital cases.

Killing those they know well

In Arias' case, she knew her victim well. Travis Alexander was her former boyfriend, and they had an on-again, off-again relationship. They would split up, but then he would invite her over for sex.

Arias admitted killing Alexander on June 4, 2008. 5 days later, friends found Alexander in the shower of his Mesa home. He had 27 stab wounds, a slashed throat and a bullet in his head.

The jury will look at what are called "aggravating factors" in determining whether she deserves the death penalty.

The prosecution has alleged cruelty as an aggravating factor in Arias' case. For a finding of cruelty, the jury must agree that the victim, while conscious, experienced mental and physical pain and that the defendant knew or should have known that the victim would suffer.

The jury has to find an aggravating factor - or the death penalty is off the table. Arias would instead then get 25 years to life in prison or life without the possibility of parole.

In the Arias case, the experts say that even though the jury found her guilty of 1st-degree murder, sentencing her to death is another matter.

"Even somebody who voted for (1st-degree murder) may not feel comfortable with the death penalty," Silverman said.

(source: Courier Post Online)

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Jodi Arias trial: Jurors to reconvene next week over sentencing


On May 9 NY Times reports that the jury for the Jodi Arias trial will reconvene on May 15 to decide whether Jodi will be given the death penalty for the first degree murder of Travis Alexander. It seems that as a whole the group can't make the life altering decision as to whether allow her to sit in prison for the rest of her life, with the possibility of parole, no matter how improbable, or give her the death sentence.

This trial has been full of twists and turns and while Jodi was very ruthless in the way that she murdered Travis Alexander, she was obviously a victim of some degree, as it was very obvious to most that she was being played and wasn't as meaningful to him as she was to him. The life altering decision of handing someone the death sentence takes a toll on everyone. The jury will individually have to live with the fact. for the rest of their lives, that they played a part in killing someone. Jodi Arias wants the death penalty as she feels that it would be the ultimate freedom and she wants it as quickly as possible. However, if Jodi were given the death sentence, she would be only one of four women to ever be on death row in the state of Arizona.

The jury will reconvene on May 15 and hopefully they will have had a chance to come to an agreement that suits everyone.

***********************

Jodi Arias is afraid to face victim's family


On May 10, 2013 ABC News 15 out of Ariz. reported the latest in the Jodi Arias drama extravaganza. It's now being reported that the woman doesn't want to face the loved ones of Travis Alexander when they make their post-trial statements. Her attorneys have formally requested that Travis's loved ones make their statements on video for the jury to view, and not do so in the presence of Arias during the sentencing phase of the trial, post-conviction. This appears to be a final attempt at having the upper hand after being convicted of 1st-degree murder. Arias believed she wouldn't be convicted, and was quoted as saying that no jury would ever convict her. Now it seems that she is tucking her tail, so-to-speak, and is too cowardly to face those who were impacted most by the horrific murder she committed.

The motion that was filed by her attorneys said the following:

"Ms. Arias requests that any and all victim impact evidence be presented via videotape so as to prevent an unpredictable outburst."

What is meant by the above statement? Are Arias's attorneys insinuating that Jodi may have an outburst of anger, despair or guilt? If justice were to truly be served -- and it looks like it may -- then the victim impact statements will be made in person, just feet from Jodi Arias. It seems as though the just decision would be for all parties to be present throughout the entirety of the trial.

The Phoenix based Herald and News reports that the sentencing portion of the trial has been postponed until next week. That means Jodi has time to mull over her actions and the events that have transpired over the past several days. She is undoubtedly playing over the jurors announcing their agreement to the conviction, 1-by-1, while she thinks about whether or not it's even worth it to appeal the conviction. She claims that she wants the death penalty, that it's better to her than a life sentence. She'll find out just what's in store in a few days.

(source for both: The Examiner)

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Who was last person executed in Arizona?


--60-year-old Richard Dale Stokley was put to death Dec. 5, 2012

--He was convicted for the 1991 rape and murder of 2 girls

--125 inmates are currently on Arizona death row; 3 are women


If newly convicted killer Jodi Arias gets the death penalty, it could be decades before the sentence is ever carried out.

Arizona's most recent execution was that of 60-year-old Richard Dale Stokley on Dec. 5, 2012, by lethal injection. He was convicted in 1992 for the 1991 rape and murder of 2 teenage girls who were abducted from a July 4 fair.

Stokley and another man, Randy Brazeal, took the girls out into the desert where they were raped, strangled, stomped and stabbed to death. The men took the bodies and threw them into an abandoned mine shaft. The next day, Stokley turned himself in to police.

Despite that confession and conviction, Stokley spent the next 20 years on death row appealing his sentence. In return for a lesser sentence, Brazeal entered a plea agreement saying Stokley was the one who did the actual murders.

Arizona's state website lists 125 inmates currently on death row. Several of them have been there since the 1980s. Edward Schad, for example, was sentenced to death row on Jan. 2, 1980. His case is still being appealed to various courts this year.

There are 3 women on Arizona's death row. Wendi Andriano was put there by Arias prosecutor Juan Martinez. She too claimed self-defense in the 2008 killing of her husband. It came out in court that he had been poisoned and was undergoing debilitating chemotherapy for advanced stage cancer. The prosecution said Andriano killed him for a malpractice settlement.

According to AZCentral.com, Debra Milke was sentenced to death for having her 4-year-old son killed in 1989. Just this month, an appeals court tossed out her 1991 conviction. They said she deserved a new trial because the detective in the case had a history of misconduct issues. He testified she had confessed to him, but she denies it, and no record of the confession exists.

The 3rd woman, Shawna Forde, was sentenced to death for the 2009 killings of a man and his daughter in their home. Prosecutors said she was the ringleader of a robbery operation that targeted the man because they believed he was a drug dealer. Her defense was based around the idea that she was never in the home. Forde had previously made her name as a member of Arizona's controversial Minutemen movement.

The botched Arizona execution of the notorious Eva Dugan led the state to change from hanging to the gas chamber. In 1992, voters decided to switch yet again to lethal injection.

(source: HLN TV News)






CALIFORNIA:

Fugitive Ukiah murder suspect brought back to U.S.


After 12 years and 8 months on the run in Mexico, a man suspected in the brutal slaying of a 1-time Ukiah neighbor could find himself facing the death penalty now that he's in the hands of Mendocino County authorities.

Charges lodged Friday against Jerred Raymond Hernandez, 32, include 1st-degree murder with special circumstances that could mean a death sentence or life imprisonment without possibility of parole if he's convicted.

Hernandez's arrest and pending prosecution bring to a close one of the lengthiest and most complex manhunts for Ukiah police, Chief Chris Dewey said.

The arrest also brings some closure to the family of Michael Williamson, who was killed in his parents' home, said father Norman Williamson, 89.

"We're a close, happy family and you can imagine what this does for us to have this resolved," the elder Williamson said.

Just this week, the family gathered at their Carolyn Drive house to celebrate the joint birthdays of Michael, who would have turned 57, and his younger brother Dan, as they do most years, Norman Williamson said.

But this year, with Hernandez in custody, the family celebrated with a new sense of relief they have not felt since Michael Williamson was killed Aug. 2, 2000.

"We learned to live with our lives. Our faith supported us through it, but it is nice to have it resolved," Williamson said.

Firefighters found Williamson bludgeoned to death in the home, which had also been burglarized, police said. The suspect apparently set a small fire, which mainly caused smoke damage.

Hernandez, who was 19 at the time and living around the corner, was quickly identified as a suspect through physical evidence and several statements from family members and acquaintances, Detective Rick Pintane said.

Police said Hernandez was among several addicts whom Williamson, a recovering drug user, had been mentoring.

But Hernandez was gone, and his father later told police he visited an uncle in Ensenada, Mexico, according to a federal warrant for his arrest filed in September 2000.

That is where Mexican police found him Sunday, after an adulthood spent on the run.

But in the early days of the investigation, police were following tips that Hernandez could also be in Humboldt County, Trinity County or Southern California.

The investigation eventually led police to the East Coast as well as Mexico and Canada, said Pintane, who was part of the original investigation team and took over the case in 2010.

"You have to keep opening doors to get the right door," Pintane said.

A television show, "America's Most Wanted," featured the search for Hernandez in February 2012. Several tips prompted by the show went nowhere, Pintane said.

Then, about a month ago, Ukiah police received their first solid sign of Hernandez's whereabouts: photographs as well as "communications," which Pintane wouldn't describe further but said involved technology and resources not available a decade ago.

They alerted the FBI, and federal agents coordinated with Mexican police on his apprehension Sunday.

Hernandez was charged Friday in Mendocino County Court with 1st-degree murder with special circumstances for commission of the crime in the course or a robbery, murder in the course of a burglary, murder while engaged in an arson, as well as independent charges of 1st-degree robbery, 1st-degree burglary and arson, with a special allegation for use of an accelerant.

He is to return to court May 21 to enter a plea.

Hernandez is being held without bail.

Norman Williamson, a retired English teacher who taught at Ukiah High School and Mendocino College, said he and his wife Maggie stayed in their home even after the devastating events that took place there.

They raised 4 children in the home and have hosted 8 grandchildren and 10 great-grandchildren. Their daughter is moving next door.

"Mike was a good kid," Williamson said.

And although Hernandez's arrest also brings up the grief, Williamson said his family has experienced more good than bad, "way way way more," he added.

"That was a big bad one, but this is our life. It's been right here, and this is where it's going to end too," Williamson said.

(source: The Press Democrat)






WASHINGTON:

Justices weigh death penalty in Carnation killings.


The state Supreme Court is considering whether prosecutors should be allowed to seek the death penalty against 2 people accused of killing a family of 6 in Carnation on Christmas Eve 2007.

In arguments before the justices Thursday, the King County Prosecutor???s Office argued that Superior Court Judge Jeffrey Ramsdell overstepped his authority by taking capital punishment off the table, The Seattle Times reported.

Ramsdell ruled in January that in making their decision to seek execution, prosecutors should only have considered whether mitigating evidence warranted leniency for the defendants, Michele Anderson and her former boyfriend, Joseph McEnroe. Instead, they also considered the strength of their case, the judge said.

Senior deputy prosecutor James Whisman argued that Ramsdell didn???t have access to all of the mitigation evidence his office considered, and he said decisions to seek the death penalty are not reviewable by the judiciary because they are charging decisions, which rest with the elected prosecutor.

Anderson and McEnroe are charged with aggravated 1st-degree murder in the slaughter of Anderson's family - her parents, brother, sister-in-law, and her young niece and nephew. The only possible penalties for aggravated 1st-degree murder are life without release and the death penalty.

Under state law, mitigating factors in potential death-penalty cases can include evidence of an extreme mental disturbance or impairment. Leniency also can be merited if a suspect acted under duress or domination of another person.

Attorney Kathryn Ross, who represented the defendants before the Supreme Court, argued that the state's death penalty statute is unique in that prosecutors are directed to impose it only if there isn't sufficient evidence of mitigating factors to merit leniency.

"I guess that's why we're here - to decide how to read that statute. Is mitigation the only thing they consider" in deciding to seek the death penalty, said Chief Justice Barbara Madsen.

Outside the courtroom, Pam Mantle - whose daughter Erica Anderson and grandchildren Nathan and Olivia were among those killed - said the constant delays in the case have taken a toll.

"Everything has been put on hold. You just wait and wait and nothing happens," she said.

3 weeks after Ramsdell issued his ruling, King County Superior Court Judge Ronald Kessler tossed the death penalty in another high-profile case: the 2009 killing of Seattle police officer Timothy Brenton. Kessler ruled that prosecutor Dan Satterberg abused his discretion by relying on a flawed investigation into mitigating factors that could have merited leniency for the defendant, Christopher Monfort.

The Supreme Court is to hear oral arguments in Monfort's case June 27.

(source: Associated Press)






USA:

Justice Ruth Bader Ginsburg shows different side to DePaul audience


It was a different side of U.S. Supreme Court Justice Ruth Bader Ginsburg that a DePaul University audience of some 500 were treated to at a centennial celebration for its law, business and music schools Friday night at the Chicago History Museum.

They got a witty, laid-back, opera aficionado who humorously linked those divergent fields together in deft commentary.

But they also heard poignant remarks at night's end about Ginsberg's lifelong championing of equality for all and the most difficult cases to come before her - those involving the death penalty.

DePaul, said the 80-year-old justice and staunch women's rights advocate, "holds a special place in my remembrance of good things past," as it conferred on her an honorary degree in 1985, "8 years before I was appointed to this invitation-attracting job I now hold."

The event featured Ginsburg - on the court 20 years, appointed by President Bill Clinton in 1993 - sitting on stage engaging in a 1-on-1 repartee with William Mason, the Lyric Opera of Chicago's general director emeritus.

The 2 bantered between various opera performances by DePaul music faculty - with Ginsberg's daughter-in-law, soprano Patrice Michaels, a voice teacher at University of Chicago who is married to her son, James, and sings with the Lyric Opera, a special guest.

Michaels performed an original piece dedicated to the justice.

Ginsburg, considered part of the court's moderate-liberal bloc, kicked off the evening with a short lecture about law and opera, displaying her keen knowledge of that medium as the names and plots of myriad operatic pieces rolled off her tongue.

"Lawyers and judges as a rule fare rather badly in operatic works," she said to laughter.

"My expertise to address this topic may not be clear. For truth be told, I am ill-equipped to break out in song. My grade school music teacher labeled me a sparrow, not a robin, and instructed me to just mouth the words. Still, in my dreams I can be a great diva."

It was after the program - accepting a handful of questions from the audience - that Ginsburg talked of her court career.

Born Mar. 15, 1933, in a low-income, working class neighborhood in Brooklyn, she graduated 1st in her class at Cornell University in 1954. She spoke of the male-dominated, hostile environment she encountered at Harvard Law School.

"In the law, women were simply not there in the ancient days when I went to law school, maybe 3 % of women were of the legal profession. My entry class at Harvard had over 500 people - 9 women," the justice said.

But Ginsburg excelled at Harvard, becoming the first female member of its prestigious Law Review before transferring to Columbia Law School, where she again graduated 1st in her class in 1959. It was the gender discrimination she encountered when seeking employment that shaped her early feminist views, she said.

"People always ask me, 'Did you always want to be a judge?' What I wanted to do was get a job," she said. "It's absolutely wonderful to see the changes and where we are now."

She taught at Rutgers University Law School from 1963-1972; and Columbia from 1972-1980, becoming Columbia's 1st female, tenured professor. She entered the national spotlight in the '70s, as director of the Women's Rights Project of the American Civil Liberties Union, a time during which she argued 6 landmark gender equality cases before the Supreme Court.

Asked her heroes, she drew laughter with: "I suppose mine was Nancy Drew, because she was a girl who was out there doing her work, and dominating her boyfriend." Turning serious, she named the late 1800s suffragist Belva Ann Lockwood, one of the nation's 1st female lawyers and the 1st woman allowed to practice before the Supreme Court - in 1879, after having successfully petitioned Congress to change that law.

"And Bella wasn't satisfied," said Ginsburg. "She ran for president twice, in 1884 and 1888. She said I know we don't have the vote yet, but there is nothing in the constitution that says we can't run for president."

Ginsberg was appointed in 1980 by President Jimmy Carter to the U.S. Court of Appeals, then selected by Clinton to fill the seat then vacated by Supreme Court Justice Byron White.

She wrote the court's 1996 landmark decision in U.S. vs. Virginia, which said the state-supported Virginia Military Institute could not refuse women. She also wrote a dissenting opinion in Bush v. Gore, in which the majority Court decided Bush won the 2000 presidential election.

"What I've tried to do is show the world is a better place for all of us - men, women and children - if we aren't pigeonholed or put in a box," she said.

And her most challenging case?

"From my very 1st year on the court up till my 20th year, death penalty cases are for me the most difficult," Ginsberg said. "To be part of a system that has the last word on whether somebody lives or dies is very, very difficult."

(source: Chicago Sun-Times)

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