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View Diary: Who We Are: The Public Arraignment of the Boston Terror Suspect (276 comments)

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  •  I assume the state will file additional charges? (10+ / 0-)

    Such as the killing of the law enforcement officer.  The guy also killed his own brother by running him over with the getaway car.

    •  The statements I heard from state authorities (3+ / 0-)
      Recommended by:
      Avila, wishingwell, jayden

      seemed to indicate they were fine with a federal prosecution.  I believe it was Menino who said he hopes Ortiz throws the book at him.

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      by litho on Mon Apr 22, 2013 at 04:24:05 PM PDT

      [ Parent ]

    •  Does MA Constitutional law allow (2+ / 0-)
      Recommended by:
      brooklynbadboy, Avila

      for a subsequent prosecution by the state if he is somehow acquitted? Federal law says this is just fine ("separate sovereigns"), but some states (New York I know for sure) do not permit it.

      Ok, so I read the polls.

      by andgarden on Mon Apr 22, 2013 at 04:51:29 PM PDT

      [ Parent ]

      •  separate charges (6+ / 0-)

        The state charges would not be identical to the Federal ones, so would not be precluded by a federal acquittal. But I seriously doubt we'll get to that point. Either way, the young man is in a heap of trouble and is unlikely to ever have a life outside of the concrete walls.

        •  Yes, remember OK City bombing case? I think OK (0+ / 0-)

          case came after federal case, right?  But Nichols is serving time in federal prison as they have the super max and those chargers were sufficient that he never gets out. I think those 2 were charged first by feds and later state given option, right?>

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          by wishingwell on Mon Apr 22, 2013 at 08:11:30 PM PDT

          [ Parent ]

          •  In OK, there was no state trial (0+ / 0-)

            after he was convicted in Fed court an received the death penalty, they decided there wasn't a need for state/local prosecution.

            I hope the same happens in MA.  After a fed conviction, another trial would be a waste.

    •  This is the only good part . (5+ / 0-)
      Recommended by:
      Armando, Losty, ChadmanFL, Avila, grover
      The guy also killed his own brother by running him over with the getaway car.
      Can he be found guilty of killing his brother ? The brother was wanted for killing , he killed a killer .

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      by indycam on Mon Apr 22, 2013 at 05:45:10 PM PDT

      [ Parent ]

      •  Most likely (3+ / 0-)
        Recommended by:
        ChadmanFL, Avila, True North

        I don't know the specifics of Mass. law but most states have a version of felony murder - a reasonably foreseeable death which occurs while you are committing a felony. One often cited example is when two people commit an armed robbery of a gas station or a bank, let's say, and one of the robber gets shot by the store owner/bank guard. The surviving robber can and often is charged with felony murder. Here in Arizona, you can receive the death penalty, even on a felony murder charge, but I do not believe Massachusetts has the death penalty.

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        by CenPhx on Mon Apr 22, 2013 at 06:02:19 PM PDT

        [ Parent ]

        •  No state death penalty in Mass. (5+ / 0-)

          The death of his brother might or might not be considered felony murder (could be negligent homicide). But the death of the MIT cop is, regardless of which one of them pulled the trigger. And that's on top of the deaths from the explosions.

          •  The carjacker said he was carjacked by one of (1+ / 0-)
            Recommended by:

            them and later they picked up the other one.

            So it is possible only one shot the MIT cop and that might be the older brother. ?

            As carjacker said the one with the gun who carjacked him was older brother, I think>? He did not see younger one until he was ordered to pick him up.  As there were two cars involved.

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            by wishingwell on Mon Apr 22, 2013 at 08:13:23 PM PDT

            [ Parent ]

        •  As a general rule (0+ / 0-)

          felony murder statutes don't allow it for the death of an accomplice.

          28, white male, TX-26 (current), TN-09 (born), TN-08 (where parents live now)

          by TDDVandy on Mon Apr 22, 2013 at 08:21:29 PM PDT

          [ Parent ]

      •  Well I know here and Florida (3+ / 0-)
        Recommended by:
        indycam, Avila, True North

        People have been convicted for murder in cases where their co-conspirator is killed in the act of committing a crime.  I'll try to find it but I believe there was actually a case where one bank robber actually struck and killed another with the getaway car and was convicted of the death.

    •  This is a lot like Oklahoma City who did not (3+ / 0-)
      Recommended by:
      jayden, True North, Be Skeptical

      file state charges until after federal trial and that was just to make sure Nichols could not get out on appeal of his federal conviction.  

      In this case, there is actually video proof and tons more of evidence and eye witnesses and so much more than there ever was against the OK City bombers?  

      There are witnesses who saw these 2 guys and video evidence that was not the case in OKlahoma.

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      by wishingwell on Mon Apr 22, 2013 at 08:09:39 PM PDT

      [ Parent ]

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