[RPTMS]

WTF!?! What the Hell should it matter whether or not he killed for money? Is the money supposed to be more important than her life?

[RPTMS]

Justice Orr needs a good kick in the ass.

[Chad Fairbanks]

I know. Like I said - What a putz. However, apparently some jurisdictions say that in order for it to be a "capital" crime, and get teh death penalty, there has to be "financial gain" (which this idiot basically says only means Money...)

[Sterm26]

I love when the reporter dramatizes the death of the inmate..."he raised his head from teh gurney, closed his eyes..."...

I'm so touched.

[Ghost of Philip Marlowe]

I think the point his defense council was offering was that it was not 1st degree (premeditated) murder, but unpremeditated, which would drop it to a 2nd degree.

Personally, I think it's a bogus distinction. If two people conspire to block traffic (a misdemeanor) the two can be charged with conspiracy to commit a crime, which is a felony. The fact of whether it was impulsive or premeditated notwithstanding. Thus, if someone is committing a crime, even if it is a misdemeanor such as breaking and entering the woman's home and robbing her, and in the course of that crime commits a murder, I would argue that the involvement in the misdemeanor serves as a grounds of premeditation and should not lessen the degree of the felony. 2nd degree is supposed to be reserved solely for those situations such as someone forcing another into a bar fight and in a rush of rage the victim beats the attacker to death even after he was clearly no longer in danger.

Any lawyers out there care to comment on this? Is there an abuse of 1st/2nd degree designation being employed here and elsewhere in the courts in order to let murderers go free?