• #41
Prosecutors had initially pushed for the death penalty, but a judge refused because of state laws with mean anyone with an IQ less than 70 cannot be executed.

Daneri explained how the plea bargain was agreed.

He said: ‘The judge found that the defendant met the criteria for mental retardation and could not be put to death. So, we made an offer to the defendant that he could plead guilty.’

‘He waived all his appellate rights to challenge the sentence, to challenge any pretrial rulings or to challenge the effectiveness of his attorneys.

‘All those rights they would have on appeal he waived as part of his agreement.’

A final condition of the plea bargain was that Noyer also pleaded guilty to the rape of a woman two days before the brutal slaying of the two-year-old.

Police discovered four months ago that DNA taken from the rape victim matched Noyer and charged him.

He will be sentenced on the separate charge on July 25 following assessments.

http://www.dailymail.co.uk/news/art...d-girl-kidnapped-slept.html?ito=feeds-newsxml
 

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