Post by Anja Nieser on Oct 1, 2006 5:18:32 GMT -5
Judge rules death penalty in bounds
A judge ruled Tuesday that prosecutors can continue to seek the death
penalty for James W. VanDivner, whose homicide trial is scheduled for
November.
VanDivner, 57, of Point Marion, is charged with fatally shooting his
ex-girlfriend, Michelle Cable, 41, at her Grindstone, Jefferson Township,
home on July 5, 2004. He's also accused of firing 1 shot at her
20-year-old son, William. He survived but the bullet is lodged near his
spine.
Fayette County Judge John F. Wagner Jr. issued an order yesterday denying
VanDivner's motion to block prosecutors from seeking capital punishment if
he's convicted of 1st-degree murder. He hinted at the ruling at the
conclusion of an Aug. 29 hearing on the motion.
Dianne Zerega, VanDivner's attorney for the potential penalty phase, has
argued that prosecutors failed at the August 2004 preliminary hearing to
establish a case for the aggravating circumstances for a sentence of
capital punishment.
District Attorney Nancy Vernon contends that VanDivner killed Cable while
committing another felony; he created a grave risk of death to others at
the home; and he has an extensive criminal record of violent offenses.
Wagner said it would be inappropriate to quash the aggravating
circumstances before a jury hears the evidence in the case.
"The only time a trial court should quash aggravating circumstances is if
a defendant makes a showing that no evidence exists to support the
commonwealth's allegations," Wagner wrote in his opinion. "As we have
determined, there was sufficient evidence presented at the preliminary
hearing in this matter to support the sustaining of aggravating
circumstances at this time."
(source: Tribune-Review)
A judge ruled Tuesday that prosecutors can continue to seek the death
penalty for James W. VanDivner, whose homicide trial is scheduled for
November.
VanDivner, 57, of Point Marion, is charged with fatally shooting his
ex-girlfriend, Michelle Cable, 41, at her Grindstone, Jefferson Township,
home on July 5, 2004. He's also accused of firing 1 shot at her
20-year-old son, William. He survived but the bullet is lodged near his
spine.
Fayette County Judge John F. Wagner Jr. issued an order yesterday denying
VanDivner's motion to block prosecutors from seeking capital punishment if
he's convicted of 1st-degree murder. He hinted at the ruling at the
conclusion of an Aug. 29 hearing on the motion.
Dianne Zerega, VanDivner's attorney for the potential penalty phase, has
argued that prosecutors failed at the August 2004 preliminary hearing to
establish a case for the aggravating circumstances for a sentence of
capital punishment.
District Attorney Nancy Vernon contends that VanDivner killed Cable while
committing another felony; he created a grave risk of death to others at
the home; and he has an extensive criminal record of violent offenses.
Wagner said it would be inappropriate to quash the aggravating
circumstances before a jury hears the evidence in the case.
"The only time a trial court should quash aggravating circumstances is if
a defendant makes a showing that no evidence exists to support the
commonwealth's allegations," Wagner wrote in his opinion. "As we have
determined, there was sufficient evidence presented at the preliminary
hearing in this matter to support the sustaining of aggravating
circumstances at this time."
(source: Tribune-Review)