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Old 12-05-2007, 12:10 PM   #20
Bill B
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Re: Grand jury identifies Rivera as gunman in death of Taylor

Quote:
Originally Posted by jgalecpa View Post
Unfortunately, can't fry the shooter if he was under 17 when it took place, per the Supreme Court.

(It matters only the age at which it took place, not the age at sentencing.)

This got John Malvo off the fryer, if you remember.

My wife wondered if maybe the others agreed to say the 17 yr old did it for just that reason.


Don't know FL law about whether or not they have a 'triggerman statute' determining if only the triggerman can be given the Death penalty.

Almost certainly will be LWOP (Life Without Opportunity for Parole) case.

J-Dawg.
Spoke to my friend who used to work in the Florida judicial system - even though the others did not pull the trigger they can all be tried for the death penalty (as long as they are over 18 like you said) according to Florida law. My friend went on to say that Reed Rubin is the prosecutor in the case and he is tough as nails and will most likely go full force in getting as long a sentence as possible for all the defendents or death if possible. Also my friend went on to tell me that life in prison in Florida means their entire living years (not like some states where life may mean a certain number of years) and that there will be no possibility of parole for these guys unless the governor grants Clemency which has not happened in Florida I believe ever. Finally the judge who is overseeing the case is a former prosecutor and is not light on criminals per my friends dealings with him - even if this is a trial by jury these guys are in a world of trouble. My friend said the only way one of these guys doesn't get life is if they make a plea deal turning on the others and maybe he would get a lesser sentence like 25-30 years.

Here is an excerpt from USA that states what these guys are facing:
If the suspects are convicted of first-degree murder, all but the juvenile could be handed a death sentence. While he is expected to be charged as an adult, the juvenile would instead face 25 years to life in prison, as Florida law prohibits executing those who were minors at the time of the crime.

Suspects charged with murder in Sean Taylor case - USATODAY.com
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