ABOUT ARIZONA
1 I was surprised that AZ is going to the expense of trying LVD and deciding so quickly. If she gets LWOP in ID, what would be the point and why spend the taxpaxers' money? Is this a quest to save face and make up for past errors? (Although, they HAVE done the investigative work already - their AZ people did testify in the ID trial.)
2 Like many of you, I do wonder if part of AZ's reasoning is a desire to lock up others in this murderous gang (see BP, Melanie). But not sure anyone else was in on the CV murder except LVD and Alex. Could there be more coming?
3 As to the AZ charges for LVD, I wonder if they might get upgraded to add a murder charge with a DP possibility. There was much more evidence for her active participation than in the ID murders, and even the possibility she did the killing herself (although that part would be really hard to prove).
4 For those wondering about whether she can get the DP for a conspiracy-to-murder charge in AZ, the answer is no, as Attorney Google provides this from an AZ law firm:
"If you are convicted of conspiracy to commit murder in Arizona, you may face harsh penalties that generally include jail time. A person convicted of conspiracy to commit first-degree murder may be sentenced to life in prison with the possibility of parole only after serving a minimum of 25 years of the sentence."
PS - Thanks to all of you who have shared thoughts in this case in this forum. Hearing your thinking was a gift, freely bestowed. Much appreciated!!
As a long time Arizona resident I will make some observations based solely on my experience:
I wasn't surprised at all to see Arizona want to try her and now is the time to announce it to make the biggest splash. I think saving face is a part of their decision but I think we will see charges against MBP and possibly others in connection to the attempt on BB and possibly other crimes.
I don't think they will seek the DP in Arizona. While I think she conspired with Alex to kill Charles and will be convicted in Arizona, Arizona only seems to seek DP when there are multiple murders (in Arizona or as part of a crime spree) or when it is a child kidnapping with murder. I'm not saying they can't seek the DP is her case, just that my observation is that they usually do not in situations like this. She may also have several defenses in Arizona including self-defense
Arizona considers aggravating and mitigating factors that I will list below. Lori would obviously have a couple of the aggravating factors in Charles's murder but also a couple of mitigating factors including her mental state and the influence of Chad.
Here are the aggravating and mitigating factors Arizona considers (ARS 13-751)
1. The defendant has been convicted of another offense in the United States for which under Arizona law a sentence of life imprisonment or death was imposable.
2. The defendant has been or was previously convicted of a serious offense, whether preparatory or completed. Convictions for serious offenses committed on the same occasion as the homicide, or not committed on the same occasion but consolidated for trial with the homicide, shall be treated as a serious offense under this paragraph.
3. The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value, or the defendant committed the offense as a result of payment, or a promise of payment, of anything of pecuniary value.
4. The defendant committed the offense in an especially heinous, cruel or depraved manner.
5. The defendant committed the offense while:
(a) In the custody of or on authorized or unauthorized release from the state department of corrections, a law enforcement agency or a county or city jail.
(b) On probation for a felony offense.
6. The defendant has been convicted of one or more other homicides, as defined in section 13-1101, that were committed during the commission of the offense.
7. The defendant was an adult at the time the offense was committed or was tried as an adult and the murdered person was under fifteen years of age, was an unborn child in the womb at any stage of its development or was seventy years of age or older.
8. The murdered person was an on duty peace officer who was killed in the course of performing the officer's official duties and the defendant knew, or should have known, that the murdered person was a peace officer.
9. The defendant committed the offense with the intent to promote, further or assist the objectives of a criminal street gang or criminal syndicate or to join a criminal street gang or criminal syndicate.
10. The defendant committed the offense to prevent a person's cooperation with an official law enforcement investigation, to prevent a person's testimony in a court proceeding, in retaliation for a person's cooperation with an official law enforcement investigation or in retaliation for a person's testimony in a court proceeding.
G. The trier of fact shall consider as mitigating circumstances any factors proffered by the defendant or the state that are relevant in determining whether to impose a sentence less than death, including any aspect of the defendant's character, propensities or record and any of the circumstances of the offense, including but not limited to the following:
1. The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.
2. The defendant was under unusual and substantial duress, although not such as to constitute a defense to prosecution.
3. The defendant was legally accountable for the conduct of another under section 13-303, but his participation was relatively minor, although not so minor as to constitute a defense to prosecution.
4. The defendant could not reasonably have foreseen that his conduct in the course of the commission of the offense for which the defendant was convicted would cause, or would create a grave risk of causing, death to another person.
5. The defendant's age.