Why Ariel Castro Could Face the Death Penalty

[DonViejo]

By Josh Voorhees | Posted Thursday, May 9, 2013, at 4:23 PM

Cuyahoga County Prosecutor Timothy J. McGinty told reporters this afternoon that his office will consider seeking the death penalty for Ariel Castro. The announcement is the first time that Ohio officials have suggested that the death penalty is on the table for the 52-year-old, and makes it clear that the initial seven felony charges filed against Castro were only the prosecution's opening move in the case.

"Capital punishment must be reserved for those crimes that are truly the worst examples of human conduct," McGinty told reporters at an afternoon press conference in Cleveland. "The reality is we still have brutal criminals in our midst who have no respect for the rule of law or human life. The law of Ohio calls for the death penalty for those most depraved criminals who commit aggravated murder during the course of a kidnapping."

By referencing possible "aggravated murder" charges, McGinty was most likely alluding to allegations that at least one of the missing women suffered multiple miscarriages at the hands of Castro. Under Ohio law, murder victims can include an "unborn member of the species Homo sapiens, who is or was carried in the womb of another."

While Castro has so far only been charged with seven felonies—three counts of rape; four counts of kidnapping—McGinty said that he'll look to add as many additional charges that can be supported by the evidence. He suggested that the total number could ultimately reach the hundreds, if not thousands. It's the possible aggravated murder charges, however, that would likely carry the harshest penalty.

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http://www.slate.com/blogs/the_slatest/2013/05/09/ariel_castro_death_penalty_prosecutor_timothy_mcginty_says_he_ll_consider.html?wpisrc=newsletter_jcr:content

[msanthrope]

1. From the statute, he apparently qualifies for ag murder. Now, whether that

would be upheld on appeal is another matter, but I think the prosecutor is clearly communicating to the defense that they are looking to punish this, severely.

[Cirque du So-What]

2. Personally, I hope the prosecution doesn't push for capital punishment

It could possibly influence any anti-DP jurors who make it through the selection process. They've got enough on him to ensure that he'll stay locked up forever already, so why jeopardize the case?

[geek tragedy]

4. Seeking DP makes conviction/plea more likely.

(a) it's a bargaining chip prosecutors have; (b) all jurors have to be willing to consider DP, which means generally a more pro-prosecution jury

[Travis_0004]

6. If a jurror was anti DP, its likely they would just find him innocent of that charge

But still convict him on the other non death penalty charges, so I don't think it hurts the case.

I wonder if this will even go to trial. Given the evidence against him, I wouldn't be surprised if they plead out. I really hope that's what happens, since it will save the girls from having to testify in court, and relieve those memories any more than they already will.

[Whiskeytide]

3. I don't know if I could muster opposition to this...

... and I am no fan of the DP. And I'm not even looking at it as a homicide involving the fetuses. I'm only looking at what he did to these women. This man is beyond depraved. He has demonstrated a complete lack of respect for human life. He is the very definition of a sociopath, and is not redeemable. The concept of chaining another person to the radiator and using them for sex....? Holy shit. You can't do that if you have even a minuscule amount of decency somewhere deep inside. As a lawyer, I am supposed to be able to look at such things objectively. But I have daughters. I don't want this asshole on the planet.

[Gregorian]

5. No respect for human life, said the prosecutor who seeks to kill the defendant.

Where's the irony in that?

[11 Bravo]

8. Ummm ... what the fuck are you talking about?

Who is the "she" of whom you speak?

[NightWatcher]

9. Sorry, destrackted, wrong spot