Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Death Penalty Is Thrown Out in Wendy’s Killings (Flushing NYC in 2000)
NY Times ^ | October 23, 2007 | ALAN FEUER

Posted on 10/23/2007 6:24:02 PM PDT by neverdem

Closing a chapter on one of the bloodiest crimes in recent New York City history, the state’s highest court today tossed out the death sentence imposed on a man for his role in the murders of five workers at a Wendy’s restaurant in Queens seven years ago.

The man, John B. Taylor, was the last remaining inmate on New York State’s death row.

The divided decision by the Court of Appeals not only ordered the trial court to resentence Mr. Taylor — almost certainly to life in prison without parole — but it also reaffirmed a landmark decision in 2004 that effectively invalidated the state’s death penalty law.

“We are ultimately left exactly where we were three years ago,” the court wrote in its 4-3 ruling. “The death penalty statute is unconstitutional on its face and it is not within our power to save the statute.”

Mr. Taylor was found guilty of first-degree murder and sentenced to death at his trial in Queens in 2000. He and an accomplice, Craig Godineaux, were found to have forced seven people into a walk-in freezer at the Wendy’s in Flushing, bound and gagged them, then placed them on their knees before shooting each in the head.

Two of the victims survived, and testified at Mr. Taylor’s trial. (Mr. Godineaux, who is mildly retarded, pleaded guilty to murder in the case and is serving a life sentence without parole.)

Under current state law, if a jury cannot reach a unanimous verdict on the question of death, the trial judge is required to tell the panelists that a sentence, to include parole, will be automatically imposed. The Court of Appeals ruled in a split decision in 2004 that such jury instructions were unconstitutional, because they could coerce deadlocked jurors to vote for death out...

(Excerpt) Read more at nytimes.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; US: New York
KEYWORDS: deathpenalty; nyc; staredecisis; wendyskillings
Navigation: use the links below to view more comments.
first 1-2021 next last

1 posted on 10/23/2007 6:24:07 PM PDT by neverdem
[ Post Reply | Private Reply | View Replies]

To: neverdem

The legal system is incapable of protecting citizens.


2 posted on 10/23/2007 6:28:42 PM PDT by popdonnelly (Get Reid. Salazar, and Harkin out of the Senate.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem
The Court of Appeals ruled in a split decision in 2004 that such jury instructions were unconstitutional, because they could coerce deadlocked jurors to vote for death out...

If they are too dangerous to ever be let out they are to dangerous to live.

This is just common sense.

3 posted on 10/23/2007 6:29:07 PM PDT by Harmless Teddy Bear (A good marriage is like a casserole, only those responsible for it really know what goes into it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Harmless Teddy Bear

I wonder if the NY supremes will change their minds if Taylor puts out a contract on them or theirs’ from his jail cell because of the harshness of “rotting in jail.”


4 posted on 10/23/2007 6:31:42 PM PDT by gusopol3
[ Post Reply | Private Reply | To 3 | View Replies]

To: neverdem

One of my two best friends was in this Wendy’s 15 minutes before this horrible crime happened.


5 posted on 10/23/2007 6:34:26 PM PDT by LdSentinal
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem
if a jury cannot reach a unanimous verdict on the question of death, the trial judge is required to tell the panelists that a sentence, to include parole, will be automatically imposed.

Is that not a true statement? The judge is supposed to hide information from the jury?

6 posted on 10/23/2007 6:35:35 PM PDT by OCC
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem

I was living in New York at the time and I remember this case, and it was horrible. Most of the Wendy’s workers were young. They let this guy in because they recognized him - I believe he had worked there briefly. And then he and his buddy simply killed them all, or tried to, at least.

There’s no way he should be breathing.


7 posted on 10/23/2007 6:35:59 PM PDT by livius
[ Post Reply | Private Reply | To 1 | View Replies]

To: popdonnelly

But “Restraining Orders” work so well!!


8 posted on 10/23/2007 6:36:23 PM PDT by art_rocks
[ Post Reply | Private Reply | To 2 | View Replies]

To: neverdem

Question: how’s do scumbag LIBERAL judges feel good about themselves?
Answer: by keeping scumbag vicious murderers from getting the death sentence their crimes so richly deserve !!!


9 posted on 10/23/2007 6:48:43 PM PDT by Obie Wan
[ Post Reply | Private Reply | To 1 | View Replies]

To: popdonnelly
Fur Shur the New York judiciary is unwilling to protect the citizens who pay their salaries.

Dr. Dean was being interviewed over the issue of the death penalty several years ago. He brought up a point that was compelling. He said basically in these kinds of heinous murders where you have a totally consciousless killer, if you just stick them in prison for life he's going to kill someone else ~ a guard, or another prisoner ~ usually a white collar criminal. So, in saving them from the death penalty you end up killing someone else.

The only question to ask of the New York judges is why they prefer this puke to live and for someone else to be given to him to be killed.

That's rather heartless isn't it?

10 posted on 10/23/2007 6:49:11 PM PDT by muawiyah
[ Post Reply | Private Reply | To 2 | View Replies]

To: neverdem

“that such jury instructions were unconstitutional, because they could coerce deadlocked jurors to vote for death”

Seems to me the Court was doing some anticipatory mind reading to find its due process violation.


11 posted on 10/23/2007 6:53:29 PM PDT by popdonnelly (Get Reid. Salazar, and Harkin out of the Senate.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Harmless Teddy Bear
"If they are too dangerous to ever be let out they are to dangerous to live."

You're absolutely right, because there's nothing to stop them from killing again behind bars. It's happened before and it will happen again. They can kill any prison staff member, visitor, or another convict. What are they going to give them? Another life sentence?

12 posted on 10/23/2007 7:04:34 PM PDT by mass55th (Courage is being scared to death - but saddling up anyway~~John Wayne)
[ Post Reply | Private Reply | To 3 | View Replies]

To: neverdem

Damn, I remember that case. He executed those kids one at a time.


13 posted on 10/23/2007 7:06:43 PM PDT by mware (Americans in armchairs....doing the job of the media.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mass55th

You cannot keep them in solitary, because courts say that’s..........(fill in the blank)


14 posted on 10/23/2007 7:11:43 PM PDT by steve8714
[ Post Reply | Private Reply | To 12 | View Replies]

To: LdSentinal
One of my two best friends was in this Wendy’s 15 minutes before this horrible crime happened

I worked at a Wendy's in 1982 in the NYC area. We (illegally) charged Police 1/2 price and as a result had constant police coming through.

We were never held up.

15 posted on 10/23/2007 7:20:12 PM PDT by Castlebar
[ Post Reply | Private Reply | To 5 | View Replies]

To: neverdem

Can we throw New York out of the United States? Of course; the good people can stay.


16 posted on 10/23/2007 9:24:29 PM PDT by freekitty ((May the eagles long fly our beautiful and free American sky.))
[ Post Reply | Private Reply | To 1 | View Replies]

To: popdonnelly

Liberals only want to kill the innocent.


17 posted on 10/23/2007 9:26:20 PM PDT by TASMANIANRED (TAZ:Untamed, Unpredictable, Uninhibited.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Castlebar

When I worked at Burger King in the 1970’s my night manager filled up a carton with free food for the cops.

Ditto on the hold up.


18 posted on 10/23/2007 9:34:22 PM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: neverdem

Richard Brown should do what the attorney general of Kansas did and appeal to the US Supreme Court to get the death penalty law reinstated.


19 posted on 10/23/2007 9:40:05 PM PDT by Revenge of Sith
[ Post Reply | Private Reply | To 1 | View Replies]

To: freekitty

Dinkens was the name of the Mayor of NYC before Giuliani. NYC was basically bankrupt, crime was awful in every way. Truly, the place according to what I know, was a state of chaos. Rudi cleaned it up.

Now, it is going the other way again. It is now, headed to Detroit. I’m sure people will laugh and call me an idiot for saying that, but we’ll see. Give it 5-10 yrs.

Liberalism has taken ahold of all NY, or maybe some NY’r can set me straight???


20 posted on 10/23/2007 9:50:25 PM PDT by Professional
[ Post Reply | Private Reply | To 16 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson