Thursday, July 05, 2007

Lynch Mob Mentality in Capital Murder Case


On Monday, a male juror in the capital double murder trial of Alfredo R. Prieto wrote a letter to the judge saying he now regrets voting guilty two weeks ago.

The Washington Post reports that the letter "threw the high-profile case into turmoil" as the jury decides whether to sentence Prieto to life in prison without parole or to die.
"I am concerned that a 'sacrifice' is being processed instead of justice being served," the juror wrote. He said the jury's awareness that Prieto is already on death row in California and that he has tattoos on his neck helped create "a 'lynch mob' dynamic, which I regrettably rationalized to go along with in convicting defendant on all charges."
Fairfax Commonwealth Attorney Robert F. Horan, Jr., who announced his retirement effective September, is trying the case alongside Deputy Commonwealth Attorney Raymont F. Morrogh, who is vying for the top position as his heir-apparent.
The juror said he felt that Prieto was never presumed innocent and that "we convicted the defendant of killings that had no witness, no murder weapon, no fingerprints, etc." He said that rather than try to answer the tough questions of the case, the jury "gave the benefit of the doubt to a lovable and passionate elderly gentleman prosecutor, instead of the defendant."
The Prieto case symbolizes all that is immoral with the justice system. In an effort to acquire that final notch on his belt as a hard-boiled prosecutor, Horan charged Prieto with the rape and killing of a young couple killed in 1988 without any physical evidence linking him to the murders.

Based on DNA evidence alone, Prieto was indicted and convicted of killing Rachael Raver and her boyfriend, Warren H. Fulton, both 22. Prieto is currently on death row for raping and killing a 15-year old girl in California.

Lest you join herd mentality and "ass-ume" Prieto is guilty since he's already been tried, convicted and sentenced to die for essentially the same crimes in California, please note that his defense team in California was fined in 2001 by the California Supreme Court for dereliction of duty.

Andrew Rubin and Terrence V. Scott "were held in contempt and fined by the state Supreme Court yesterday for failing to file their opening brief in a capital case until nearly two years past the original deadline. " One claimed he had "writer's block."

In his letter, the remorseful Fairfax juror perfectly described how the unfair process of capital murder trials favors the prosecution team.
The juror said he felt that Prieto was never presumed innocent and that "we convicted the defendant of killings that had no witness, no murder weapon, no fingerprints, etc." He said that rather than try to answer the tough questions of the case, the jury "gave the benefit of the doubt to a lovable and passionate elderly gentleman prosecutor, instead of the defendant."

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