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excellent. Thnk you to the jury, for your diligence and service in the interest of justice.
IANAL, but I would think that the fact that the murders were all part of the same plan ("blueprint") would satisfy the requirements in that case.> At the time the murder was committed, the defendant also committed another murder
3 of those objectively apply to Chad. The first one depends on how that sentence is defined. They were planning multiple murders at the same time but none of them were killed on the same day. MOO.
Thank you @Nikynoo -- I agree and would like to thank everyone that posted, shared thoughts and information.I’d like to take this opportunity to thank fellow posters who have faithfully followed this case and that of Lori Vallow. This case has had the most civilised discussion, but I think that is because we were unanimous in our agreement of the guilty parties from the get go.
It is almost four years since Tylee and JJ were found. I am grateful for a swift verdict.
Now Arizona , move forward with charging Chad with conspiracy to murder Charles and conspiracy to attempted murder of Brandon.
HIs "Storm" would probably answer.... YESJust would like to ask Chad if it was worth it? Were a few months of sleeping with Lori really worth all that has happened since?
What was Prior and Chad doing at the end of the proceedings? Looks like prior put something in front of Chad to sign.
No. The State required the dp be taken off the table because she asked for a speedy trial and most of her time was spent in a mental hospital. Chad did not ask for a speedy trial.I liked how Blake talked about LVD calling CD on an hourly basis to "check" on the "Zombie" status for Charles, Tylee and JJ.
It is just so crazy.
Did LVD skate on the DP, because the state thought that while she was part of the conspiracy, she didn't actually direct the killings? Like CD did?!
Yes in Arizona.Is the Brandon Boudreaux shooting charged anywhere?
Iirc, Lori was convicted in May and formal sentencing was in July. But on a death penalty case, I am not sure.Are you sure that there is a formal sentencing in a month if the jury decides on DP?
I’m not sure how long the presentation of the penalty phase will take but both the state and defense can put on witnesses and evidence that was or wasn’t seen or heard in the guilt phase. The state will argue that the murders included aggravated circumstances and the defense presumably will offer mitigating circumstances. It will be direct & cross examination just like in the guilt phase. And then there can be victim impact statements which don’t get cross examination and aren’t given under oath - they are not supposed to address the guilt of CD but the impact of the crimes on them or their loved ones. If they do address CD’s guilt the jury is to disregard that part of what they say. All of this is why some say it may take a week or two.
If after hearing from state & defense & victims, the jury determines the death penalty is to be given, then why would there be formal sentencing in a month or so? In LVD’s trial, wasn’t that month to give time for the judge to get sentencing reports from the psychologists & such? Remember the ones she wouldn’t talk to so there was no report from them. But if the jury says DP the judge has no need for further info and really no say in the matter and DP will be imposed so I would think that would happen immediately after the jury reaches a verdict in the penalty phase whenever that will be.
Now, if the jury determines the death penalty should not be applied then you might be right about a delay for formal sentencing as the judge would have to determine the sentence for each murder as well as the fraud charges and would probably request a psychological report on CD before doing that.
Lori will face charges over that in Arizona.Is the Brandon Boudreaux shooting charged anywhere?
Reviewing Idaho law and the sentencing instructions I don't see how the jury could possibly not impose the death penalty.
[7a] If the jury finds that a statutory aggravating circumstance exists and no mitigating circumstances exist which would make the imposition of the death penalty unjust, the defendant will be sentenced to death by the court...
[9] The following are statutory aggravating circumstances, at least one (1) of which must be found to exist beyond a reasonable doubt before a sentence of death can be imposed:
[9b] At the time the murder was committed the defendant also committed another murder.
[9d] The murder was committed for remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration.
[9e] The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity.
[9f] By the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life.
[9h] The murder was committed in the perpetration of, or attempt to perpetrate... ritualized abuse of a child... and the defendant killed, intended a killing, or acted with reckless indifference to human life.
Section 19-2515 – Idaho State Legislature
legislature.idaho.gov
If you unanimously find that the State has proven the existence of [the] [a] statutory aggravating factor, then you must so indicate on the verdict form. You must also then consider whether any mitigating circumstances exist that make the imposition of the death penalty unjust...
A mitigating factor is any fact or circumstance, relating to the crime or to the defendant’s state of mind or condition at the time of the crime, or to [his] [her]character, background or record, that tends to suggest that a sentence other than death should be imposed. A mitigating factor does not have to constitute a defense or excuse or justification for the crime, nor does it even have to reduce the degree of the defendant’s blame for the crime. In that regard, my instructions given at the end of the trial that you were not to allow sympathy for the defendant to enter your deliberations do not apply at this sentencing proceeding. Mitigating factors may include any fact or circumstance that inspires sympathy, compassion or mercy for the defendant. Evidence supporting the existence of a mitigating factor may come from the trial or this sentencing hearing, whether produced by the defendant or the state...
Additional evidence may be presented during the sentencing hearing. You may also consider the evidence presented during the trial...
The Defendant has the right to personally address you. This is called the “right of allocution.” Allocution is not made under oath and is not subject to cross examination. The law provides that these statements are something that the defendant is allowed to present to you as mitigation. You may consider these statements in your deliberations...
I don't know what mitigating factors the Defense could even try to present at this point. He's been excommunicated, so "he's an asset to his church community" is out. His kids showed such a lack of emotion regarding Tammy's death that I don't think them pleading in his favor would garner much sympathy (plus, they're all adults now; not like he's going to leave underage children for someone else to care for.) His own lack of remorse (or really, ANY emotion at all, aside from smugness and contempt) isn't going to ingratiate anyone to him, either, if he were to speak on his own behalf.
ETA: I think the only argument that could possibly be made, IMO, is that an equally culpable co-conspirator (LVD) is not going to be punished by death.