The judge agreed with District Attorney Brett Ligon that there was enough evidence for a capital murder case and, if the DA chooses, a chance at the death penalty.
Verna’s Defense Attorney indicated that they will challenge the admissibility of McClain’s confession and will have experts evaluate McClain’s mental state. Defense attorneys noted that, so far, police have no witnesses who actually saw McClain in the getaway car.
But Judge Fred Edwards sided with the DA, saying there was enough evidence to hold McClain without bail for what he described as a cold, calculated, premeditated murder. She was sent back to the Montgomery County Jail, where she remained under 24-hour suicide watch.
Since McClain is charged with capital murder, technically, she could be eligible for the death penalty if convicted.
But her defense attorneys believe, despite her alleged confession to the crime, she is not a woman who deserves to die.
"As far as actually seeking the death penalty, it is our opinion that it is not an appropriate case to seek the death penalty," defense attorney E. Tay Bond said.
In order for a jury to sentence a convicted killer to death, they have to believe that the killer committed the act deliberately, that there were no mitigating circumstances – like mental illness, and that the person would be a future danger to society.
Bond said future dangerousness can be difficult to prove.
On top of that, there is also the possibility of an insanity defense.
http://www.khou.com/home/Could-Vern...icted-in-the-Kala-Golden-case--148335595.html
http://www.khou.com/news/local/Verna-McClain-back-in-court-for-bond-hearing-148508655.html
Verna’s Defense Attorney indicated that they will challenge the admissibility of McClain’s confession and will have experts evaluate McClain’s mental state. Defense attorneys noted that, so far, police have no witnesses who actually saw McClain in the getaway car.
But Judge Fred Edwards sided with the DA, saying there was enough evidence to hold McClain without bail for what he described as a cold, calculated, premeditated murder. She was sent back to the Montgomery County Jail, where she remained under 24-hour suicide watch.
Since McClain is charged with capital murder, technically, she could be eligible for the death penalty if convicted.
But her defense attorneys believe, despite her alleged confession to the crime, she is not a woman who deserves to die.
"As far as actually seeking the death penalty, it is our opinion that it is not an appropriate case to seek the death penalty," defense attorney E. Tay Bond said.
In order for a jury to sentence a convicted killer to death, they have to believe that the killer committed the act deliberately, that there were no mitigating circumstances – like mental illness, and that the person would be a future danger to society.
Bond said future dangerousness can be difficult to prove.
On top of that, there is also the possibility of an insanity defense.
http://www.khou.com/home/Could-Vern...icted-in-the-Kala-Golden-case--148335595.html
http://www.khou.com/news/local/Verna-McClain-back-in-court-for-bond-hearing-148508655.html