[Deathpenalty] death penalty news----MONT., ARIZ., CALIF.

[Rick Halperin]

August 16



MONTANA:

Libby man convicted of deliberate homicide



Trevor Mercier, the Libby man charged October 2016 in the death of Sheena 
Devine, was convicted Thursday, Aug. 10 of deliberate homicide and tampering 
with evidence. The jury took little over an hour to return the verdict.

Mercier could face the death penalty at his sentencing, scheduled for 10:30 
a.m. Oct. 10, 2017, though prosecutors have not indicated they will seek it.

Devine's body was found in her home by her 2 young daughters on Oct. 6, 2016. 
Investigators arrested Mercier in his home the following day after identifying 
him as a prime suspect in her death, which they determined had occurred Oct. 5. 
Mercier and Devine had been in a relationship that had ended before the 
incident.

The conviction followed 7 days of testimony that Alicia Backus, an attorney for 
the defense, in her closing remarks acknowledged had been "an emotional roller 
coaster."

Mercier's defense acknowledged at trial that he had caused Devine's death but 
that it was a case of negligent, not deliberate, homicide, because he did not 
intend to kill her. In her closing statements Backus told the jury that the 
prosecution had failed to prove beyond a reasonable doubt that Mercier was 
guilty of deliberate homicide.

The night of Devine's death, she and Mercier had fought after Mercier threw a 
rock at her car, smashing its windshield. The defense said while fighting 
Mercier put Devine into a "sleeper hold," rendering her unconscious. Afterward, 
the defense said, Mercier took her inside her house, placed her on the floor, 
checked to make sure she was still breathing and then left the house.

In her closing statements Backus said Mercier's actions that night "created the 
perfect storm" but were not deliberate.

The prosecution on Friday, Aug. 11 called an expert witness - Dr. Jaime Oeberst 
- to the stand to support its assertion that Mercier did in fact deliberately 
cause Devine's death. Now a deputy coroner in Kansas, Oeberst performed the 
autopsy on Devine on Oct. 8, 2016. Referring to autopsy photos projected onto a 
screen, Oeberst testified to the nature of Devine's injuries and also to how 
strangulation occurs.

To underscore the difference between the 10 to 15 seconds a "sleeper hold" 
takes to render someone unconscious and the three to 5 minutes that can cause 
death, Deputy County Attorney Marcia Boris instructed Oeberst to use her watch 
to time the passage of 5 minutes - during which the court was silent but for 
the occasional paper shuffling or person fidgeting.

Deputy County Attorney Jeff Zwang referred to that dramatic demonstration in 
his closing remarks, stating that Mercier had "strangled (Devine) long after 
she was unconscious" and that he had beaten her so badly that she had 
hemorrhages all around her head and sternum.

In wrapping up the prosecution's closing statement, Boris reminded the jury to 
consider Mercier's previous conviction for a February 2016 domestic assault 
against Devine - an assault that moments before Backus had minimized in her 
closing statement because a counselor had said post-conviction that a 
no-contact order put in place should be lifted.

In addition, Mercier's attorneys were critical of aspects of the investigation, 
including law enforcement's handling of the crime scene.

Lincoln County District Court Judge Matt Cuffe scheduled Mercier's sentencing 
for 10:30 a.m. Oct. 10, 2017, after a pre-sentence investigation has been 
completed.

(source: The Western News)








ARIZONA:

Former Obama attorney asks Supreme Court to hear new death penalty challenge



A new challenge to the constitutionality of the death penalty could hit the 
Supreme Court's docket soon, following the filing of a petition by former Obama 
administration acting solicitor general Neal Katyal on Monday.

Katyal, who argued more cases before the Supreme Court last term than any other 
attorney, has garnered attention for his arguments against President Trump's 
travel ban. But Katyal's filing on Monday, first reported by Buzzfeed, 
indicated Katyal is spoiling for another high-profile battle at the Supreme 
Court in the coming term.

Katyal's petition urges the Supreme Court to review the constitutionality of 
the death penalty and whether capital punishment in Arizona - "which includes 
so many aggravating circumstances that virtually every defendant convicted of 
first degree murder is eligible for death" - in particular, violates the Eighth 
Amendment.

"In the last 20 years, the number of death sentences imposed and carried out 
has plummeted," said the petition filed by Katyal. "A national consensus has 
emerged that the death penalty is an unacceptable punishment in any 
circumstance."

Katyal continued, "[T]he present reality of capital punishment - that those 
sentenced to death must spend decades languishing on death row with the remote 
but very real possibility of execution hovering like a sword of Damocles - is 
'a punishment infinitely more ghastly' than a swift death."

Katyal's petition comes on behalf of Abdel Daniel Hidalgo, who killed someone 
in exchange for $1,000 from a gang member, according to the petition, and also 
killed a bystander during the course of his crime.

The Supreme Court has not appeared hospitable to death row inmates in its most 
recent term, including after Justice Neil Gorsuch returned the high court to a 
full bench of 9 justices. One of Gorsuch's first major actions on the Supreme 
Court was to cast a decisive vote with the 5-4 majority to allow a slew of 
Arkansas executions to proceed earlier this year. While Gorsuch has written 
extensively on the issue of death and dying, his jurisprudence on the death 
penalty is limited.

Justice Stephen Breyer, however, has repeatedly indicated his desire for the 
Supreme Court to review the death penalty. Breyer has authored dissents and 
made other comments urging his colleagues on the high court to review the 
constitutionality of the death penalty.

If the case is evenly divided between the high court's ideologically right and 
left blocs, then Justice Anthony Kennedy's vote could again prove 
determinative. While such action is not necessarily reflective of his opinion 
of the merits of the case, Kennedy twice granted the petitioner additional time 
to file the petition that finally reached the Supreme Court on Monday.

(source: Washington Examiner)








CALIFORNIA:

California files response to Scott Peterson's appeal



Remember Scott Peterson?

The Modesto man convicted of killing his pregnant wife, Laci Peterson, and 
their unborn son, Conner, in 2002 is still appealing his death sentence.

Last week, the state Attorney General's Office filed an 150-page response to 
Peterson's most recent appeal, filed in 2015. He's claiming, among other 
things, that California's death penalty is cruel and unusual.

The state refutes Peterson's claims in their response, which spans more than 
40,000 words.

"Peterson offers no persuasive reason to have the court reconsider its prior 
decisions," the state's brief reads in refuting one of his claims.

Cliff Gardner, Peterson's lawyer, tells ABC10 that he's not sure yet if they'll 
respond or seek more time. They have 30 days to reply to the state's brief.

Peterson remains on death row in San Quentin State Prison.

(source: KXTV-TV news)