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Ashcroft Loses Another Death Case

When will Attorney General John Ashcroft truly become a "Respect Lifer"? When will he stop micro-managing and killing in his bid to end crime?

A New York federal jury deliberated two hours before rejecting the death penalty for two drug dealers who tortured and murdered a police informant. The pair will serve life in prison without parole.

The government's argument for death was undercut by the fact that two other defendants who might have faced death sentences pleaded guilty to avoid them and became witnesses for the prosecution. One of them, Hector Vega, revealed with chilling indifference, under questioning by Lee Ginsberg, a defense lawyer, that he had committed a long series of violent crimes apart from his role in the murder. In addition, Mr. Rodriguez had a lesser role in the murder, which was driven mainly by Mr. Quiñones's desire for revenge against the informant.

The judge, Jed S. Rakoff, made no secret of his "personal, albeit heartfelt, disagreement'' with the Justice Department's decision to push for the death penalty [out of the presence of the jury.]....Judge Rakoff said he had no doubt "that the defendants committed a vicious murder." But he added, "There is also no doubt in the court's mind that a reasonable exercise of discretion by the powers that be would not have favored seeking the death penalty in this case."

The local prosecutors didn't want to make the case a death one. Ashcroft insisted. After the disagreement between prosecution camps became known, the Department of Justice changed its rules, so the public couldn't find out about such splits in the future.

Since then the Justice Department has changed procedures to make it more difficult for defense lawyers to discern the recommendations of local prosecutors. All decisions to seek the death penalty are approved by Mr. Ashcroft.

Here's Ashcroft's win/loss record to date:

Of the 41 death penalty cases nationwide in which the Justice Department overruled prosecutors, 13 defendants have gone to trial, according to Mr. McNally, who was a defense lawyer for Mr. Quiñones. Death sentences were imposed in three cases and life imprisonment in nine, and one person was acquitted.

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