In the News: Arsonist charged with murder for heart attack deaths

Published on 23 October 2009 by in Homicide, In the News

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Rickie Lee Fowler has been charged with five counts of first-degree murder after after five men died from heart attacks during the 2003 San Bernadino wildfires. Supervising Deputy District Attorney Victor Strull contends that, even though the men did not die in the fire, their deaths were the direct result of Fowler setting the fire. Under the felony-murder rule, a defendant can be charged with murder when a victim dies during the commission of a felony. In this case, Fowler is charged with two felony counts of arson. If convicted, Fowler may face the death penalty.
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In the News: Murder conviction overturned after DA withholds evidence

Published on 11 December 2008 by in Homicide, Prosecutorial Misconduct

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Centre County Court of Common Pleas Judge Bradley P. Lunsford overturned the third-degree murder conviction of Andrew Rogers after ruling that the district attorney improperly withheld evidence. Rogers was convicted of killing Youngcheol Park. After his arrest, Rogers claimed that Park and someone by the name of “Sweet” tried to rob him and that Park’s killing was in self-defense. While the prosecution dismissed Rogers’ story, they failed to inform his attorneys that a person matching “Sweet’s” descripton was arrested while in possession of Park’s watch. The D.A. claimed that he withheld the evidence from the defense because “we didn’t see it as a necessary item to turn over.” Rogers will be re-tried.

For more information, go to:

http://www.centredaily.com/118/story/1009589.html

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Commentary: The Casey Anthony Case

Published on 28 October 2008 by in High Profile Cases, Homicide

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Last week, Casey Anthony was charged with first degree murder, aggravated child abuse, aggravated manslaughter of a child, and other charges. These charges were filed although the body of Caylee Anthony has not been recovered. In Florida, a body is not necessary to support a murder conviction. Therefore, if the state presents circumstantial evidence that shows that the alleged victim is dead, the state can convict a defendant of murder. Could this happen in Pennsylvania? Yes.

Under Pennsylvania law, the Commonwealth is permitted to submit circumstantial evidence to prove that a murder occurred. In the Anthony case, the state allegedly has evidence that shows proof of decomposition consistent with human decomposition in the trunk of Casey Anthony’s car. Therefore, although no body has been recovered, the State of Florida will likely try to show that in light of the fact that no one has seen Caylee Anthony since June and there is allegedly little proof of a kidnapping, the signs of human decomposition in Casey Anthony’s trunk shows that she killed her daughter.

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BriefLaw: Commonwealth v. Morris

Published on 09 October 2008 by in Case Law Summaries, Homicide, Mandatory Sentence, sentencing

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Commonwealth v. Morris 2008 PA Super 235
Topic: Enhanced Sentencing-Homicide

Summary: For sentencing purposes, where two murders are tried together, the second charge may be used to give the defendant a mandatory life sentence under 42 Pa.C.S.A. § 9715.

http://www.pacourts.us/OpPosting/Superior/out/E03006_08.pdf

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Novel Criminal Defenses: Westmoreland County Man Claims War Stress as Basis for Double Murder

Published on 05 October 2008 by in Criminal Defenses, Gulf War Syndrome, Homicide, Novel Defenses, Post-Traumatic Stress Disorder

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A Westmoreland County man is currently raising a defense of Gulf War Syndrome or post-traumatic stress disorder. Scott A. Laich, who served in Iraq in 1991, was first convicted of killing his ex-girlfriend and her lover in 1997. Due to improperly admitted hearsay evidence, the Pennsylvania Superior Court overturned this conviction in 2001. Commonwealth v. Laich, 777 A.2d 1057 (Pa. Super. 2001). Laich was re-tried and convicted in 2003. Laich is now arguing that, due to his post-war stress, he had a diminished capacity defense and could not have intended to kill the victims.


For more information, go to:

http://www.pittsburghlive.com/x/tribunereview/news/westmoreland/s_591590.html

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