Arizona Jails Iraqi Driver Accused of Running Down Daughter With His Car

[Pete]

Since she was just a girl and her father ran her down and killed her its not that big a deal.

Too bad she didn't go to LEO school first. That way when her dad ran her down - well, then he would be in big trouble.

As with hate crimes I have a problem on the law not being equal.

It should not matter on what you where thinking - it should be on what you did.

It should not matter on what the person did while you killed them - but that you killed them.

Everbody is equal in the eyes of the law? Not hardly.

Originally Posted by craigepo

Good morning Armymom
The point I was trying to make was not that the State couldn't win a murder case, but that it might be very difficult to win a capital murder case. This of course depends upon the facts, but the State MUST, in addition to proving premeditated murder, prove facts that show one of the aggravating factors listed in the statute to get the death penalty(in lieu of a lesser sentence for basic first-degree murder).

I realize that this is clear as mud. Honestly, about 1% of attorneys realize the distinction in capital murder and first-degree murder. And about 1/10th of 1% of attorneys are capable of trying a capital case(in some jurisdictions the attorney has to have capital-case experience to represent a defendant charged with capital murder).

So to have 1st degree murder jacked up to 'capitol' murder one has to not only prove premeditation but also have one of the factors below?

Arizona-
(1)The defendant has been convicted of another offense in the US for which under Arizona law a sentence of life imprisonment or death was imposable
(2)The defendant has been or was previously convicted of a serious offense, whether preparatory or completed.
(3)In the commission of the offense the defendant knowingly created a grave risk of death to another person or persons in addition to the victim of the offense.
(4)The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value.
(5)The defendant committed the offense as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value.
(6)The defendant committed the offense in an especially heinous, cruel or depraved manner.
(7)The defendant committed the offense while: (a) In the custody of or on authorized or unauthorized release from the state department of corrections, a law enforcement agency or a county or city jail. (b) On probation for a felony offense
(8)The defendant has been convicted of one or more other homicides, as defined, which were committed during the commission of the offense
(9)The defendant was an adult at the time the offense was committed or was tried as an adult and the murdered person was under fifteen years of age or was seventy years of age or older
(10)The murdered individual was an on duty peace officer who was killed in the course of performing his official duties and the defendant knew, or should have known, that the victim was a peace officer
(11)The defendant committed the offense with the intent to promote, further or assist the objectives of a criminal street gang or criminal syndicate or to join a criminal street gang or criminal syndicate
(12)The defendant committed the offense to prevent a person’s cooperation with an official law enforcement investigation, to prevent a person’s testimony in a court proceeding, in retaliation for a person’s cooperation with an official law enforcement investigation or in retaliation for a person’s testimony in a court proceeding
(13)The offense was committed in a cold, calculated manner without pretense of moral or legal justification
(14)The defendant used a remote stun gun or an authorized remote stun gun in the commission of the offense
(15)The defendant engaged in terrorism
(16)The defendant committed burglary in the second degree
(17)The defendant was an adult and the murdered person was an unborn child in the womb at any stage of its development

So, in Arizona, you can do in a Judge and merely get lifein jail, not the death penalty..

I highlighted the 'factors' that, to me, would be what would make it a 'capital' case. However proving either might be difficult. I would, go for just plain old 1st degree murder and ask for life with no parole. Because I knew I could win the case.
Just my opinion, what do I know, I am just a nerd girl.

[Pete]

Originally Posted by craigepo

If I might interject a point quickly regarding a death penalty prosecution:

A death penalty case is probably the toughest case to prove in the American judicial system. Every single part of the case is subjected to amazingly tight scrutiny. This is done for a good reason: if there is a screw-up and the defendant only goes to jail, the problem is fixable. However, if the defendant is executed, and then we find out that there was other evidence, or the defense attorney was drunk, etc., can't fix the problem.

To prove a capital murder case, the state must prove that defendant planned to kill victim, and did in fact so do. However, the state must also prove at least one "aggravating factor", i.e. the victim was a policeman in the line of duty, murder-for-hire, etc. I attach the statute which lays out Arizona's statutory aggravating factors here. http://law.onecle.com/arizona/criminal-code/13-751.html

The article seemed to infer that the judge made the decision not to proceed with the capital case, which would be highly unusual, as it is generally the prosecutor's decision on how to proceed. However, the attached article shows that the prosecution filed the motion to not seek the death penalty. http://www.realcourage.org/2010/02/a...lmaleki-trial/

I realize that this is not the answer that many would look for in a case such as this, but this is the law. As murder cases are very tough, it would make the case even tougher for the prosecution to try this case as a capital murder case, and to do so if the prosecution knows they do not have sufficient facts would be detrimental.

This is our own little rundown story here in Fayetteville. Happened back in 2004.

"Shareef found guilty of murder"

http://www.fayobserver.com/Articles/2010/03/17/984126

"......The jury deliberated nearly 14 hours over four days before finding Shareef guilty of first-degree murder and two counts of attempted murder.

He was found not guilty of attempted first-degree murder of Robert Fortier.

In all, Shareef, 31, was convicted of 10 charges stemming from his road rampage in Cumberland and Harnett counties on the morning of April 14, 2004. Those include nine felonies and one misdemeanor.

Doctors have diagnosed Shareef as paranoid schizophrenic; he had pleaded not guilty by reason of insanity.

A sentencing hearing is scheduled to begin at 11 a.m. today.

Lawyers for the prosecution and the defense may present additional evidence for the jury to consider. Both sides are expected to complete any testimony today.

The jury will then determine whether Shareef is sentenced to death or life in prison without parole on the murder charge........"

So Folks, it can be done. The sentence of life or death is yet to come but he was found quilty.

[Masochist]

Why do many (of any religion) claim that they are sane when following their respective deity's word, but when it lands them in trouble with the law, claim insanity?

[SF-TX]

Faleh Hassan Almaleki was convicted of 2nd degree murder.

http://www.foxnews.com/us/2011/02/22...honor-killing/

[The Reaper]

Originally Posted by SF-TX

Faleh Hassan Almaleki was convicted of 2nd degree murder.

http://www.foxnews.com/us/2011/02/22...honor-killing/

Too bad.

He should have been convicted of first degree murder and hanged by the neck till dead.

TR

[Pete]

Iraqi immigrant gets 34 years for killing 'too Westernized' daughter

http://www.cnn.com/2011/CRIME/04/15/...ex.html?hpt=T2

"CNN) -- An Arizona judge sentenced an Iraqi immigrant on Friday to more than 34 years in prison, about two months after his conviction for running over his 20-year-old daughter because he claimed she'd become "too Westernized."......"

[Team Sergeant]

Premeditated murder, killed with a car instead of a gun or cutting her head off.

With good behavior he'll be out of jail in ten years or less.


Sure glad we sent the islamic/muslim community a clear message on this type of murder.

[BrokenSwitch]

There can be any number of reasons for not going for the death penalty, but some kind of politically-correct sensitivity shouldn't be one of them. On the flip side, I'm not sure whether I'm happier that they at least said it openly instead of whitewashing it, or if I'm angrier that it's an issue at all.

[Ret10Echo]

There are several threads on the topic of Honor Killings...

Thought this article was interesting...from Spiegel Online (International version of the German paper) here

08/02/2011

Lenient Courts
German Justice Slammed in Honor Killing Study
By Johannes Korge

What drives families to commit 'honor killings?' Who are the killers and where do they come from? A new study commissioned by the German police has found that the killers are almost always first-generation immigrants from poor backgrounds, that cases aren't increasing and that courts are making mistakes in their handling of them.

[SF-TX]

The mother of Noor al-Maleki said she got "...what she needs. "

Partial transcript of the phone conversation:

In a conversation with Peoria Police immediately following the hit and run, Seham, Faleh's wife, seems to sanction her husband's actions.

"Who said my husband..maybe it's not my husband..this woman, she's a liar because she's dirty," she said.

Detective Bill Laing then asked her, "..if it's not your husband, then where is he?"

Sayim replied, "I don't know."

Laing said, "Your daughter is about close to dying...she's in critical condition."

Sayim said, "Oh..okay..tell her thank ou [sic] Amal..thank you, that's what she needs."

"You are a sick individual," said Laing.

LINK

The phone conversation between the detective and Noor's mother can be heard in the video embedded in the article.

[BrokenSwitch]

I just found this in a Muslim Student Association newsletter. The irony was overwhelming.