Quote:
Originally Posted by craigepo
It looks like the judge is playing the evidence safe, which is a pretty smart move. Often, when a judge starts making rulings like this, it's because the case is getting lopsided and the judge doesn't want to have to try the case twice.
From what I have noticed, the defendant has already admitted that the evidence will show that he did the shooting. As he carried the gun into the building, premeditation is proven. There has been a ton of eyewitness evidence; stated differently, this case is already done. There is no need to bring in "old" evidence and give the defendant a "prior bad act" issue to appeal.
From what I can tell, under the UCMJ, either premeditated murder or felony murder(a killing that occurs during the commission of a separate felony) can be death penalty verdicts.
http://usmilitary.about.com/library/.../mcm/bl118.htm
It seems like this judge is being very conservative. She is right to keep out the prior stuff until the sentencing phase of the trial. |
Good to know. So it sounds like, if convicted, her keeping it out shouldn't prevent him from getting the death penalty either.