Via CrimProf Blog:
The Missouri
Supreme Court overturned Brandon Hutchinson’s death sentence in a case
where co-defendant Freddy Lopez received 10 years based on ineffective
assistance of counsel in the penalty phase. However, the court also
noted that during the trial, Lopez’s sister won the lottery, and used
$230,000 of her winnings to settle a wrongful death action with the
victims’ family, in exchange for their agreement to recommend that the
prosecutors accept a 10 year sentence. According to the court, which
found no error on this ground, "Under the settlement agreement entered
into evidence at the hearing, Lopez would pay the victims’ family
$230,000.00 if: the family recommended to the prosecutor that Lopez
receive no more than ten years in prison and the judge
actually sentenced Lopez to a prison term not to exceed ten years."
The prosecution and court went along; Lopez got 10 years, Hutchinson
was sentenced to death. Some people can afford to hire better lawyers
than others, and the sentence can turn on that, but can it really be
that death can turn on how much you have to pay the family? Here’s the decision.
This one of those "you have got to be kidding me" cases. I’m hoping the Court simply didn’t think very hard about this issue because it overturned on other grounds. What’s next, just pay the judge? It should be a crime to offer or accept $ to make a victim impact statement or recommendation to the prosecutor or anything of the sort.
It makes a great reality show, though, doesn’t it – 2 defendants, same crime, death penalty hangs in the balance, and the families of each race around the world to try to raise $230,000 to buy off the victim’s family. Or how about this one? Good rule for prosecutors: if it would make a good reality tv show, it’s a really dumb idea.