We reported earlier (see here) on how the penalty phase in a federal capital case --the first one to reach the penalty phase in Puerto Rico's recent history-- had been separated, so that the penalty phase evidence and jury deliberations against one defendant was carried out before any penalty phase evidence was presented as to the other defendant. The jury had returned a verdict as to defendant Lorenzo Catalán-Román and the verdict has been kept sealed, pending conclusion of the penalty phase as to the co-defendant, Hernando Medina-Villegas.
Yesterday, the case as to the second defendant was submitted to the jury, with the jury being asked to return on Monday to commence deliberations as to Medina-Villegas. The case involves a robbery in which a security guard was killed. The Government has alleged the guard was pleading for his life, a fact disputed by the defense, who allege that such information did not appear in any of the FBI reports and was not provided to defendants until shortly before trial.
There is very strong opposition to the death penalty on the island, and the fact that it is the federal government seeking the death penalty makes the opposition turn very political as well. I think most observers will be very surprised if the jury imposes the death penalty against either defendant. In the last capital case tried at the U.S. District Court in 2003, the jury acquitted both defendants in the guilt phase.
The strategy followed in both cases seems to be a common one in many capital cases. Recall that by mandate of federal law, anyone accused of a capital offense is entitled to be represented by two attorneys, and at least one of them has to be "learned in the law applicable to capital cases." As I indicated in my earlier post, this has required the U.S. District Court in San Juan to appoint attorneys (usually from Florida) experienced in federal capital cases. As you can imagine, the CJA payment of expenses for hotel, airfare, etc. can rapidly become rather steep. The guilt phase --at least as much as the jury can tell-- is handled mainly by the Puerto Rico attorneys who will serve as "associate counsel" in the case, with learned counsel then handling the penalty phase if necessary. In reality all the attorneys are deeply involved in both phases of the trial, but this apparent division of labor allows the learned counsel perhaps a bit more credibility with a jury that has already determined the defendant is guilty. It also allows him to use any lingering doubt in the jury's mind more effectively.
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