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To: Libloather
Need legal mind to explain the charge "kidnapping resulting in death".

Why not murder 1, and aggravated assault on a baby, aggravated kidnapping?
46 posted on 12/19/2004 9:28:40 AM PST by G Larry (Admiral James Woolsey as National Intelligence Director)
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To: G Larry
The "kidnapping resulting in death" charge is just the federal one; it's a convenient way to keep the killer in a dark hole until extradition back to Missouri can be arranged. Since the murder took place in Missouri, there isn't a federal murder charge available. (Murder is not a crime at the federal level except in unusual circumstances, such as murdering a federal agent or committing murder while a federal prisoner.)

There wouldn't be a federal kidnapping charge available either, except Montgomery took the baby across a state line. The distinction between "kidnapping resulting in death" and plain old kidnapping is that the former is a death-penalty crime, even at the federal level, whereas the latter isn't. The feds are keeping their options open in case something goes wrong with the state murder charge in Missouri.

Indeed, the federal charge may be the simplest and quickest way to get this Montgomery person put down like the rabid b**** she is. There's no question the baby was kidnapped; there's no question the kidnapping resulted in a death; there's no question this Montgomery person planned the kidnapping, regardless of whether she wielded the knife. So the federal kidnapping charge is a) open-and-shut and b) sufficient to receive the death penalty.

49 posted on 12/21/2004 4:03:11 AM PST by Fabozz
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