Post by Anja Nieser on Sept 19, 2006 18:10:57 GMT -5
Court ties conditions to killer's execution
The Arizona Court of Appeals has decided prosecutors must put on a
full-blown aggravation hearing if they want jurors to put convicted
murderer Scott Nordstrom back on death row.
Nordstrom was convicted of participating in two robberies that resulted in
the deaths of six people in 1996. A Pima County judge sentenced Nordstrom
to death, but the U.S. Supreme Court later decided juries, not judges,
must sentence defendants in capital cases.
In April, Pima County Superior Court Judge Michael Cruikshank ruled
prosecutors didn't have to present aggravation evidence. The judge said
the factors that called out for an aggravated sentence were already
inherent in the guilty verdicts themselves, and the jury could simply
sentence Nordstrom after hearing whatever mitigation evidence the defense
wanted to put on.
Nordstrom and his attorney, David Darby, appealed Cruikshank's ruling. On
Sept. 14, the Court of Appeals ruled prosecutors must present aggravation
evidence.
Prosecutor Rick Unklesbay said he always intended to present such evidence
because he needs to prove Nordstrom was a major participant in the 4
murders he wasn't directly responsible for.
Nordstrom shot two of the six victims; the other four were shot by Robert
G. Jones Jr., whose death sentence was upheld before the U.S. Supreme
Court threw out all death sentences rendered by judges.
Darby said he was "very pleased" with the higher court's decision because
he will now have the opportunity to defend his client against the
aggravating factors. He declined to comment on how he plans to do so.
Nordstrom's sentencing hearing, now scheduled for next year, is expected
to last 16 to 20 days, Darby said.
Jones and Nordstrom were convicted of entering the Moon Smoke Shop on May
30, 1996, to rob the place and each ended up killing someone.
2 weeks later, the pair went into the Firefighters Union Hall, where Jones
shot 3 customers in the head, killing them. Nordstrom killed the bartender
when the bartender was unable to open the safe.
Both cases were solved when Scott's brother, David Nordstrom, the getaway
driver in each robbery, contacted police.
(source: Arizona Daily Star
The Arizona Court of Appeals has decided prosecutors must put on a
full-blown aggravation hearing if they want jurors to put convicted
murderer Scott Nordstrom back on death row.
Nordstrom was convicted of participating in two robberies that resulted in
the deaths of six people in 1996. A Pima County judge sentenced Nordstrom
to death, but the U.S. Supreme Court later decided juries, not judges,
must sentence defendants in capital cases.
In April, Pima County Superior Court Judge Michael Cruikshank ruled
prosecutors didn't have to present aggravation evidence. The judge said
the factors that called out for an aggravated sentence were already
inherent in the guilty verdicts themselves, and the jury could simply
sentence Nordstrom after hearing whatever mitigation evidence the defense
wanted to put on.
Nordstrom and his attorney, David Darby, appealed Cruikshank's ruling. On
Sept. 14, the Court of Appeals ruled prosecutors must present aggravation
evidence.
Prosecutor Rick Unklesbay said he always intended to present such evidence
because he needs to prove Nordstrom was a major participant in the 4
murders he wasn't directly responsible for.
Nordstrom shot two of the six victims; the other four were shot by Robert
G. Jones Jr., whose death sentence was upheld before the U.S. Supreme
Court threw out all death sentences rendered by judges.
Darby said he was "very pleased" with the higher court's decision because
he will now have the opportunity to defend his client against the
aggravating factors. He declined to comment on how he plans to do so.
Nordstrom's sentencing hearing, now scheduled for next year, is expected
to last 16 to 20 days, Darby said.
Jones and Nordstrom were convicted of entering the Moon Smoke Shop on May
30, 1996, to rob the place and each ended up killing someone.
2 weeks later, the pair went into the Firefighters Union Hall, where Jones
shot 3 customers in the head, killing them. Nordstrom killed the bartender
when the bartender was unable to open the safe.
Both cases were solved when Scott's brother, David Nordstrom, the getaway
driver in each robbery, contacted police.
(source: Arizona Daily Star