Post by CCADP on Aug 27, 2005 20:29:47 GMT -5
Apology's sway on death penalty case
As he described his drug and violence-corroded childhood Friday,
Christopher DiMeo said he didn't want sympathy and wasn't trying to
justify the crimes he'd committed.
But the tearful, 15-minute apology offered moments before DiMeo was
sentenced for murdering Glen Cove jeweler Thomas Renison last year could
have a powerful impact on capital murder charges DiMeo still faces in the
shootings of 2 Connecticut jewelers.
"It's not a question of could it have an impact, it will have an impact,"
said Commack defense attorney Robert Gottlieb, who has tried several death
penalty cases.
DiMeo, 23, was sentenced to life in prison without parole for killing
Renison in December. DiMeo has yet to settle charges that he gunned down
Timothy Donnelly, 52, and his wife, Kimberly, 52, at their shop in
Fairfield during a heroin-fueled robbery spree with his girlfriend Nicole
Pearce.
DiMeo's attorney, Mitch Dinnerstein of Manhattan, said his client knew
several of the Donnellys' relatives were going to attend the Nassau
sentencing, but insisted the remarks were not meant to invite sympathy.
"I think he talked because he was genuinely remorseful," Dinnerstein said.
Connecticut State Attorney Jonathan C. Benedict declined to speculate on
the impact of DiMeo's remarks. But Nassau prosecutor Robert Biancavilla
said DiMeo's motivation must be questioned. "Whenever remorse is displayed
after a person has been caught with their hand in the cookie jar, it's
very, very difficult to judge the sincerity of the display," he said.
DiMeo's speech will surely be referenced by defense attorneys during plea
negotiations with Connecticut prosecutors, Hofstra Law School professor
Barbara Barron said.
"Contrition is a very powerful tool," Barron said.
That is because the statement telegraphs the kind of remorse DiMeo could
express to a jury in Connecticut.
In deciding whether to pursue a death penalty prosecution - one that
requires testimony from dozens of experts and can cost millions of dollars
- a suspect's contrition becomes a crucial consideration.
"If a prosecutor believes the statement could impact on a jury's
decision," Gottlieb said, "he may decide it does not make sense to pursue
the death penalty."
(source: Newsday)
As he described his drug and violence-corroded childhood Friday,
Christopher DiMeo said he didn't want sympathy and wasn't trying to
justify the crimes he'd committed.
But the tearful, 15-minute apology offered moments before DiMeo was
sentenced for murdering Glen Cove jeweler Thomas Renison last year could
have a powerful impact on capital murder charges DiMeo still faces in the
shootings of 2 Connecticut jewelers.
"It's not a question of could it have an impact, it will have an impact,"
said Commack defense attorney Robert Gottlieb, who has tried several death
penalty cases.
DiMeo, 23, was sentenced to life in prison without parole for killing
Renison in December. DiMeo has yet to settle charges that he gunned down
Timothy Donnelly, 52, and his wife, Kimberly, 52, at their shop in
Fairfield during a heroin-fueled robbery spree with his girlfriend Nicole
Pearce.
DiMeo's attorney, Mitch Dinnerstein of Manhattan, said his client knew
several of the Donnellys' relatives were going to attend the Nassau
sentencing, but insisted the remarks were not meant to invite sympathy.
"I think he talked because he was genuinely remorseful," Dinnerstein said.
Connecticut State Attorney Jonathan C. Benedict declined to speculate on
the impact of DiMeo's remarks. But Nassau prosecutor Robert Biancavilla
said DiMeo's motivation must be questioned. "Whenever remorse is displayed
after a person has been caught with their hand in the cookie jar, it's
very, very difficult to judge the sincerity of the display," he said.
DiMeo's speech will surely be referenced by defense attorneys during plea
negotiations with Connecticut prosecutors, Hofstra Law School professor
Barbara Barron said.
"Contrition is a very powerful tool," Barron said.
That is because the statement telegraphs the kind of remorse DiMeo could
express to a jury in Connecticut.
In deciding whether to pursue a death penalty prosecution - one that
requires testimony from dozens of experts and can cost millions of dollars
- a suspect's contrition becomes a crucial consideration.
"If a prosecutor believes the statement could impact on a jury's
decision," Gottlieb said, "he may decide it does not make sense to pursue
the death penalty."
(source: Newsday)