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09/28/2009

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loving this !

Generally speaking, I am opposed to the death penalty... in this case, even more so.... Don't get me wrong, if there has ever been anybody who "needed kiliin'", this guy is it.... However, this guy will be in the ground a lot faster if he is convicted of a lesser charge and put in the general population in Eddyville. It will take years and cost millions to push him through the Process for the death penalty where he will be protected on death row.

I have serious reservations that a conviction can be sustained upon the automatic appeals of a capital case. I was in the original jury pool; I have very strong feelings about the case. My Quaker friends in Berea have very strong feelings about the case..... I can not see how a impartial jury can be seated within the Lexington TV market, much less the social hot-house of Bourbon Co.

Further, with the destruction of the crime scene by "well-meaning" local groups, the Defense will not be able to collect forensic evidence independently, a serious handicap to the Defense.

Barry Scheck would have a field day with these appeals, automatic with a death penalty conviction. There have already been serious flaws made in this case that could easily amount to reversals upon appeal, costly re-trials, even the overturning of a conviction. I have to wonder if the political splash of a capital case might be driving the judicial agenda.

I completely appreciate the community's rage and grief with respect to this case, but we need to keep on task. With the caveat that he is actually guilty, the community will be better served by piling on a bunch of lesser charges that can be sustained upon appeal, with penalties to run concurrently and let the piranhas in Eddyville have at him.

Correction:
Last paragraph should read:
I completely appreciate the community's rage and grief with respect to this case, but we need to keep on task. With the caveat that he is actually guilty, the community will be better served by piling on a bunch of lesser charges that can be sustained upon appeal, with penalties to run consecutively and let the piranhas in Eddyville have at him.

Nathan,

Your reasoning as always is sensible. I dont know the answer. As one who has lost a child, if my son had been killed by a person rather than a disease, i dont know that i would be for the death penalty. I certainly wouldnt want the person on the street, but frankly im not sure death is an adequate suffering. As a lawyer, i am not sure i trust lawyers, judges and the court system to reach what has to be a "conclusive" result. By the way thanks for your response. I hope to create an interesting forum on this blog and your input is of immense help... Thanks jimmy

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THE COMMON SENSE BLOG The Common Sense Blog is authored by Jimmy Brannon and such other guests who may appear from time to time and is born out of a need for an independent voice based on common sense on a variety of topics. Jimmy Brannon is a Kentucky lawyer, an editor of his family's newspaper which the family has owned since the 1940's spanning three generations, former elected city official and most importantly the father of a child who died of cancer at age 13, Brannon published a book about his son's battle with cancer which is available at links on the blog. While the blog frequently deals with issues of public concern, there will be periodic deviation from the serious and mundane in favor of comedic, musical or other relief.

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