Lacrosse ugliness at U.Va.

But the victim was upper middle-class, blonde and white, I thought that was the determining factor?

Anyone know what the statutory aggravating factor was that originally made this a death penalty eligible case?

 

I don't know, how about pre-mediated murder?

 

Premeditation is what elevates it from second degree to first degree murder. You need something more to go capital.

It's been a long time since I covered a death penalty trial in Virginia, so I don't remember all the aggravating factors available there. But /most death penalty states have a factor that allows a death sentence when the killing is "especially heinous or cruel." Given the apparent brutality of the beating in this case, I imagine a decent prosecutor would not have much trouble meeting that.

 

Actually in Virginia - premeditation does qualify for capital murder charge. I guess the facts indicate that there was no weapon involved making it difficult to prove.

 

Actually, it doesn't.

http://www.deathpenaltyinfo.org/aggravating-factors-capital-punishment-state

You have to have something more because premeditation is the difference between first- and second-degree murder. That means premeditation can't also be an aggravating factor by itself to elevate first-degree murder to capital murder. Some states allow "substantial planning and premeditation" to be a factor, but that's not the case in Virginia.

And premeditation is not generally difficult to prove because the law allows it to be defined as only taking a split-second. Essentially, if you think "I'm going to kill him" an instant before you kill him, you've premeditated. Since proving a person's thoughts is impossible, unless they admit to it, then it becomes a question for the jury to decide based on all the surrounding circumstances.

Presence of a weapon should make it easier to prove, but I don't think the absence of one makes it hard to prove. Her head was banged against a wall. I think a reasonable juror could infer that someone who bashes another's head into a wall considered killing her before doing it.

 

http://www.foxnews.com/us/2010/12/16/prescription-drug-caused-uva-lacrosse-players-death-defense-attorneys-say/

Your Honor,

My client is innocent. It was the ADDERALL that beat Ms. Love to death.

 

Wrong place, wrong time? WTF?

 

Grasping at straws.

You have to give the defense credit for pulling out all the stops for their client. I don't know how they can sleep at night, though.

 

Not to be flip, but ... still better than the Twinkie defense, I suppose.

An old friend of mine is a criminal defense lawyer. She is one of the most brilliant, ethical, and compassionate people I have ever met. This is America, and everyone deserves to explain their side of a story.

 

I mean, sure, she was found in a pool of her own blood ... and yeah, she had bruises all over her face ... and maybe she was found to have died from blunt-force trauma ...

But if she'd have just laid off the Adderall.

 

Sometimes I think Americans won't be happy until every petty thief in this country faces a firing squad at high noon in front of the county courthouse.

No, I'm not comparing this idiot to a petty thief.