Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Couldn't they charge the hostage holding as kidnapping, which is a federal crime. With murder associated with the kidnapping, that would make the lowlife eligible for the death penalty.
I believe the federal kidnapping statute requires a victim to be transported across state lines. There is also a Hostage Taking statute, but it has other potentially problematic requirements that might not be met here.
In any event, the fact that a state/district doesn't have the death penalty in its criminal statute is not a reason to strain to find a federal charge. If they people of the District wanted to the death penalty for heinous murder, they could have the DC Council legislate that.
There is a Federal Death penalty for Murder that combines either Arson, Murder of a Child, or Kidnapping. The interstate nexus is clear.
The feds could in theory step in, take him from DC's jurisdiction, and fry him if they chose, as they did with Timothy McVeigh and will with the Marathon Bomber.
Will they? Normally I would say no. But the crime was so heinous, I would bet he gets indicted by both DC and the feds, as VA and MD did with the DC Snipers, so if an error is made that gets him clear, the second separate trial will be in train. Having a Federal death penalty case lined up behind DC's is certainly an incentive to cooperate.
I forget all the details of some of these cases now, but with the DC Snipers, they committed separate murders in separate states. There's no double jeopardy issue trying them multiple times because their separate events. I'm forgetting my double jeopardy rules now, but in this case wouldn't it apply (at least to the extent you're trying murder under a federal statute)?
I don't see any double jeopardy defense. No way in hell he gets acquitted. He could have a hung jur(ies) or have key evidence tossed and not be found guilty, but that's not 'not guilty' and hence no double jeopardy. Also just recalled Murder with torture is also a Federal Death penalty crime.
Also, for TM and the BBs, weren't there terrorism statutes involved (or other types of statutes that wouldn't apply here)?
I hadn't thought about the fact that the ransom came from MD, so that would provide an interstate nexus.
I agree that given how heinous it was there will be greater chance of a federal case of they can find a basis.