"I don't think we would hear if the DA would ask for the death penalty before arriagnment...formal charges have not even been brought yet. At pre-trial the evidence will be presented and we will find out then what penalty will be sought.
" As we speak the charges against SP are two counts of Capital Murder,Special Circumstances, it can be changed at arraignment, and then back again by plea bargain and may very well be. It's pre-trial and nothing is written in stone.
Let me tell you why I think pushing for Special Circumstances Death Penalty at trial is unwise in this case. I did not want to put this on the thread b/c I was reluctant to give ideas, but what the hay it's coming "Trial Time", and blood is in the air.
The DA takes a chance of loosing all if he tries to go for Special Circumstances Capital Punishment B/C of the Partial Birth Abortion laws in effect in the United States at this time. You see there are many men and some women who think it it just a horrid to kill a baby being born as it is to sufficate one in the whom. The policy to execute one and encourage the other is causing social polarization and dissenting opinion that is tearing away at the trust that citizens have for justice and have toward each other.
There very well may be men on that jury who will take offense if the DA tries to execute SP for the indirect death of connor, and vote to acquit on a circumstantial case, rather than risk SP being put to death for something Laci could have done and be free as a bird. YES, there are many men who take that to heart, and one or more of them If aggravated might opt to stage a little "pay back" and vote for acquital.
It doesn't pay for the DA to take those kinds of risks, when he has a sure thing for two Life Terms W/O parole.
OJ is walking the streets today B/C black's voted a little "Pay Back" against whitey, just like Johnny Cochoran asked them to during closing arguments. You can bet if they push for the Death Penalty, SP's Defense Attorney will somehow light the fires of revenge in those male jurors, Most likely during closing arguments.
Another path to the Death Penalty is Premeditaded Murder on Laci. Again no Direct Physical or Direct Witness Evidence of premeditation. You are already asking a jury to put a man away for the rest of his life based on circumstances alone, now you turn around and ask them to take his life based on a two week affair, a two week old 14 ft fishing boat(Christmas Present he hid from his wife) and a Life Insurance Policy purchased to cover contingencies of raising his child that he won't collect because of the murder conviction. All of these fail the exclusionary provision, meaning there is at least one other logical reason for their presence in the set of circumstances, besides premeditation for murder, and w/o support of Direct Evidence that is all it takes.
Generally speaking,even with the very best circumstantial evidence, To get Capital Murder and Capital Punishment stacked, without one of the two being based on direct physical or forensic evidence or eyewitness testimony is simply not in the cards,and the attempt may challenge the concentration span of the jury and lead to and boredom.
Remember, you are trying the case against the person not the person. This case is purely circumstantial;take what we can get for sure and put him away. Then he can't hurt another innocent person. There will be other cases against Scott Peterson;watch.
The DA may roll the dice with the Death Penalty, he didn't LOOK like a "razor"(just kidding). If he does, I hope he gets it.
As far as this "MIGHT" be large amounts of blood, deal, I have written so much on that anything further would be superflous. I will not go back to the search warrants either.
One thing is sure;the Trial and Appeals is going to be most interesting.
This submitted FWIW:FYI ONLY