Jane Jetson
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This just in: Arias lawyers respond to Montgomery
http://www.azcentral.com/community/mesa/articles/20130604arias-lawyers-respond-to-montgomery.html
Thank you! Here's a little snippet:
Ultimately, however, offers have to come from Montgomery. His office, not the judge, makes the decision to seek the death penalty. And at this point, because Arias is already convicted of first-degree murder, there is no need to reach a settlement with Arias in order for her to be sentenced to life in prison. Montgomery only has to lift the intent to seek the death penalty and she would receive a mandatory life sentence.
Judge Sherry Stephens would then choose between life in prison or natural life in prison. The former is frequently referred to as life with chance of parole after 25 years, but that is a misnomer often used even during court proceedings.
Arizona discontinued parole for first-degree murderers in 1994. Anyone sentenced since then might be sentenced to life with possibility of release after 25 years. Parole is only available for those who committed murders before 1994.
Now the only chance of release is commutation from the governor through the Board of Executive Clemency, a more difficult process, said Ron Reinstein, a retired Superior Court judge who chairss the Arizona Supreme Courts capital case oversight committee.
It doesnt happen very often, he said.
And given the fact that the jury found an aggravating factor in Arias case, its unlikely Stephens would impose that sentence.