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.
Oh really? He was here illegally. He should have been arrested, deported and barred from reentry. If he hadn't been here he wouldn't have had the opportunity to terrorize, beat, rape and strangle this woman.
Here's what he did when he left the scene of the crime, according to the story:
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.Sick bastard needs to die. He should not have been in this country.