Post by Anja Nieser on Sept 16, 2006 12:23:48 GMT -5
Death penalty sought in Ellis case
Prosecutors in Ellis case say they'll seek it if teen's convicted
BY MARK BOWES
TIMES-DISPATCH STAFF WRITER
Saturday, September 16, 2006
Henrico County prosecutors plan to seek the death penalty against Louis Shawn Lindenfeld, 18, if he is convicted of capital murder in the shooting death and robbery of Midlothian teen Allen "Chip" Ellis.
Henrico Commonwealth's Attorney Wade Kizer said he has advised Lindenfeld's two court-appointed attorneys of his decision, as well as the Ellis family. "We do intend to pursue the death penalty in this case," he said.
Kizer's announcement comes as Lindenfeld's defense team indicated the teen has been deemed competent to stand trial, which is scheduled for the week of Nov. 27.
Defense attorney Craig S. Cooley said he and state capital defender John B. Boatwright will not raise Lindenfeld's competency as an issue after reviewing a mental health evaluation from Dr. Evan S. Nelson, a forensic psychologist hired by the defense.
Cooley also said he has notified prosecutors that he and Boatwright will not pursue an insanity or mental retardation defense.
However, Cooley said he does anticipate using mental health testimony during the sentencing phase of Lindenfeld's trial, should it proceed that far.
Dr. Dewey G. Cornell of the University of Virginia was appointed at the request of the defense to evaluate Lindenfeld's overall mental health to determine whether there are mitigating circumstances for his al leged behavior.
Yesterday was the court-imposed deadline by which the defense was required to give notice to prosecutors whether they intended to pursue an insanity defense. They also had to disclose whether they planned to present mitigating mental health evidence during the sentencing phase of the trial.
Kizer and Cooley said they don't anticipate any other major issues that could potentially delay the trial, although a final pre-trial hearing is scheduled for Oct. 20.
Cooley said he doesn't anticipate the need for a hearing on any of the evidence in the case, and the defense has no plans to have the trial moved to a locality outside the Richmond area, despite the intense publicity surrounding the case.
Lindenfeld, the son of a Richmond sheriff's lieutenant, is accused of robbing and fatally shooting Ellis, an 18-year-old Midlothian High School senior. Ellis disappeared May 22 after driving from his family's home in Queensmill to drop off DVDs at the Midlothian Library.
Authorities believe he met Lindenfeld there and offered him a ride. Ellis was carjacked and killed sometime after the two left the library in Ellis' 2005 Nissan Sentra.
Ellis' body was found three days later in the trunk of his car in woods off a dead-end road in eastern Henrico. He died of three gunshot wounds to the head.
Among other things, prosecutors plan to introduce DNA evidence that potentially ties Lindenfeld to the gun used to kill Ellis.
State forensic scientists obtained a DNA profile mixture that included Lindenfeld's DNA from inside the barrel of a .38-caliber Colt detective special. The gun was given to a case investigator by an acquaintance of Lindenfeld who was questioned by police
The likelihood that the DNA sample belonged to someone other than Lindenfeld is 1 in 720,000 in the Caucasian population and 1 in 7.3 million in the black population taken at random, according to a Virginia Department of Forensic Science report. Lindenfeld has a white father and a black mother. He is listed in court documents as being black.
Contact staff writer Mark Bowes at mbowes@timesdispatch.com
Prosecutors in Ellis case say they'll seek it if teen's convicted
BY MARK BOWES
TIMES-DISPATCH STAFF WRITER
Saturday, September 16, 2006
Henrico County prosecutors plan to seek the death penalty against Louis Shawn Lindenfeld, 18, if he is convicted of capital murder in the shooting death and robbery of Midlothian teen Allen "Chip" Ellis.
Henrico Commonwealth's Attorney Wade Kizer said he has advised Lindenfeld's two court-appointed attorneys of his decision, as well as the Ellis family. "We do intend to pursue the death penalty in this case," he said.
Kizer's announcement comes as Lindenfeld's defense team indicated the teen has been deemed competent to stand trial, which is scheduled for the week of Nov. 27.
Defense attorney Craig S. Cooley said he and state capital defender John B. Boatwright will not raise Lindenfeld's competency as an issue after reviewing a mental health evaluation from Dr. Evan S. Nelson, a forensic psychologist hired by the defense.
Cooley also said he has notified prosecutors that he and Boatwright will not pursue an insanity or mental retardation defense.
However, Cooley said he does anticipate using mental health testimony during the sentencing phase of Lindenfeld's trial, should it proceed that far.
Dr. Dewey G. Cornell of the University of Virginia was appointed at the request of the defense to evaluate Lindenfeld's overall mental health to determine whether there are mitigating circumstances for his al leged behavior.
Yesterday was the court-imposed deadline by which the defense was required to give notice to prosecutors whether they intended to pursue an insanity defense. They also had to disclose whether they planned to present mitigating mental health evidence during the sentencing phase of the trial.
Kizer and Cooley said they don't anticipate any other major issues that could potentially delay the trial, although a final pre-trial hearing is scheduled for Oct. 20.
Cooley said he doesn't anticipate the need for a hearing on any of the evidence in the case, and the defense has no plans to have the trial moved to a locality outside the Richmond area, despite the intense publicity surrounding the case.
Lindenfeld, the son of a Richmond sheriff's lieutenant, is accused of robbing and fatally shooting Ellis, an 18-year-old Midlothian High School senior. Ellis disappeared May 22 after driving from his family's home in Queensmill to drop off DVDs at the Midlothian Library.
Authorities believe he met Lindenfeld there and offered him a ride. Ellis was carjacked and killed sometime after the two left the library in Ellis' 2005 Nissan Sentra.
Ellis' body was found three days later in the trunk of his car in woods off a dead-end road in eastern Henrico. He died of three gunshot wounds to the head.
Among other things, prosecutors plan to introduce DNA evidence that potentially ties Lindenfeld to the gun used to kill Ellis.
State forensic scientists obtained a DNA profile mixture that included Lindenfeld's DNA from inside the barrel of a .38-caliber Colt detective special. The gun was given to a case investigator by an acquaintance of Lindenfeld who was questioned by police
The likelihood that the DNA sample belonged to someone other than Lindenfeld is 1 in 720,000 in the Caucasian population and 1 in 7.3 million in the black population taken at random, according to a Virginia Department of Forensic Science report. Lindenfeld has a white father and a black mother. He is listed in court documents as being black.
Contact staff writer Mark Bowes at mbowes@timesdispatch.com