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There was a fairly recent DP case in my area in which a young man broke into a home where coincidentally a beloved member of the school board of that city was recuperating at that home (a friend's house, with the friend out of town) after having had a facelift and some breast implants done that morning, and she was asleep in bed and on medication, her head bandaged. Her alcoholic sister was in the home taking care of her, sleeping on the couch.
The guy creeps in and rapes and beats the woman who just had surgery. She is found the next morning all bloody by her sister and she dies 3 days later in the hospital. The guy is a local neighbor, a really demented do-nothing loser, who from a very young age was seriously twisted. He of course left his DNA on/in the victim and was caught.
Went on trial and was facing the DP. Defense said he of course did it, but he was too drunk/stoned/mentally ill to have formed the necessary intent. Jury convicted him of 1st degree murder, but sentenced him to LWOP.
Getting a death sentence is not a cakewalk UNLESS the crime is against a child and mental illness is not a factor.
The guy creeps in and rapes and beats the woman who just had surgery. She is found the next morning all bloody by her sister and she dies 3 days later in the hospital. The guy is a local neighbor, a really demented do-nothing loser, who from a very young age was seriously twisted. He of course left his DNA on/in the victim and was caught.
Went on trial and was facing the DP. Defense said he of course did it, but he was too drunk/stoned/mentally ill to have formed the necessary intent. Jury convicted him of 1st degree murder, but sentenced him to LWOP.
Getting a death sentence is not a cakewalk UNLESS the crime is against a child and mental illness is not a factor.