I believe the Death penalty in NY applies if a policeman is killed.
Is this one of those jobs Bush says Americans won't do?
Not really. Our Court of Appeals struck it down as unconstitutional since its fall-back provision was 20-life, rather than life w/o parole and so allegedly was an impetus to push a jury towards death. Not that it mattered anyway; there had not yet been a death penalty prosecution in the past 12 or so years that there had been a death penalty.
does it apply to visa overstayers?
It would have applied to this man, yes, but simply because of the torturous nature of the crime, or the fact that there was a predicate felony (rape). His immigration status is neither here nor there.
Fallon saw blood outside the bedroom and called police, who found "a scene out of a horror movie," the district attorney said. The Clarkstown police force, which covers New City, searched the area and Herrera was spotted a mile away from a police helicopter. He was arrested and charged with murder, and within a few days police found his discarded original clothes and Nagle's cell phone and wallet, which Herrera allegedly stole.
As he was fleeing, police said, Herrera made several calls to numbers programmed into Nagle's phone, lewdly describing what he had done. Bongiorno said Thursday that the calls were made specifically to female friends and relatives..."
This animal had to know he would be caught. Maybe it got to him that he could not have a woman except through violence.
I don't know, but if these charges don't warrant the death penalty, I don't know what does.
Ronald Douglas Herrera Castellanos, 30, is charged with 15 counts of first- and second-degree murder, most of them based on the allegation that he killed Nagle while committing other felonies including rape, robbery and burglary. He is also charged with those crimes separately. If convicted of first-degree murder, he would face life in prison with no chance of parole.
He [defense attorney Barry Weiss] said he has not decided whether Herrera, an immigrant from Guatemala whose visa expired in 2001, will testify.
Same story with a few variations http://www.freerepublic.com/focus/f-news/1602837/posts
This story is exactly why I do not have any service people come to my house unless my husband is home.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")