Суд над Маквеем

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McVay's lawyers ask judge to prevent state from seeking death penalty 

Posted: Oct 24, 2013 8:01 PM
Updated: Oct 24, 2013 8:01 PM 

During the second day of motions hearings, James McVay's lawyers argued against the death penalty for reasons of unequal funding. 

Traci Smith, chief public defender for Minnehaha County, said her office suffers a "parity of resources" in comparison with the State's Attorney office. The public defender's budget is set by the county commission, and Smith argued that the variable between counties violates equal protection for suspects.  

This inequality, Smith said, should prevent the state from seeking the death penalty in McVay's case. 

Judge Peter Lieberman questioned both Smith and Minnehaha County State's Attorney Aaron McGowan about the resources available in their offices before denying Smith's request.  

"We all have issues when we have a case like this that takes so much time," Lieberman said, citing staffing issues the courts face. But in regards to McVay's case, "I could not say that the defense has been incomplete."  

"If there's anything the defense suffers from, it would be over-enthusiasm," Lieberman said. "Mr. McVay is receiving a first rate defense."

http://www.ksfy.com/story/23779629/mcvays-lawyers-ask-judge-to-prevent-state-from-seeking-death-penalty