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The New Mexico Independent going forward

By | 11.16.11

I am writing today to announce the closure of the New Mexico Independent. After three and a half years of operation in New Mexico, the board of the American Independent News Network, has decided to shift publication of its news…

EIB hears more anti-cap-and-trade testimony

Mesa Verde 80
By | 11.10.11

While environmental activists played their part yesterday during demonstrations at the capitol building, going so far as to dress up as solar panels and to sing the tune of “You Are My Sunshine,” their counterparts, the anti-cap-and-trade contingency who has…

New Mexico’s largest university low in popularity

jobs-80
By | 11.10.11

Roughly one quarter of University of New Mexico students are unimpressed with the state’s flagship public school, according to a survey that questioned college students about their higher education experiences.

No death penalty for Scott Roeder, accused of murdering abortion doctor

By | 06.02.09 | 3:28 pm

The man accused of murdering Kansas abortion provider Dr. George Tiller  was charged today with one count of first degree murder and two counts of aggravated assault but he will not face the death penalty. 

Roeder is not expected to enter a plea until after preliminary hearing, tentatively scheduled for June 15.

Asked yesterday about the possibility that Roeder might be charged with the death penalty, Sedgwick County District Attorney Nola Foulston said her office would review the applicable statues before making a final decision.

According to the Wichita Eagle, “the death penalty may only be charged when an adult is convicted of pre-meditated first-degree murder under one of seven circumstances, none of which seem to fit Tiller’s death.”

As Wichita Eagle courts writer Ron Sylvester reported today on his Twitter account, “Press is having Foulston name off all seven requirements for death penalty under law. None apply here.”

Update: According to the Sedgwick County DA’s office: The death penalty may only be given in circumstances where a defendant is convicted of pre-meditated first degree murder under the following limited factual circumstances:

  1. During a kidnapping for ransom
  2. During a killing committed under a contract or agreement
  3. The killing of any person by someone confined in a state correctional institution, community correction institution or jail or while in official custody
  4. A killing during the commission of, or attempt to commit, a rape or aggravated sodomy of any person
  5. The killing of a law enforcement officer
  6. The killing of more than one person as part of the same act or in two or more acts connected together
  7. The killing of a child under age 14 during a kidnapping or aggravated kidnapping with the intent to commit a sex offense upon the child

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