MT: State public defender receives $1 mil for death penalty defense

Started by AnneTheBelgian, June 06, 2011, 03:20:03 PM

previous topic - next topic

0 Members and 1 Guest are viewing this topic.

Go Down

AnneTheBelgian

June 06, 2011, 03:20:03 PM Last Edit: June 06, 2011, 03:27:10 PM by Rick4404
http://www.therepublic.com/view/story/abf3f56f40e94e299ff218f2b8132ee2/MT--Kalispell-Shootings-Financial-Cost/

Public defender's office sets aside $1 million for possible death penalty trial

THE ASSOCIATED PRESS 
   
* First Posted: June 05, 2011 - 3:05 pm
   
* Last Updated: June 05, 2011 - 4:13 pm

KALISPELL, Mont. -- Montana's Office of Public Defenders has requested and received about $1 million from the 2011 Montana Legislature to defend death penalty cases as it faces the possibility of a death penalty trial this year.

That potential trial involves 34-year-old Tyler Michael Miller, who authorities say killed his ex-girlfriend and her daughter on Christmas Day and is charged with two counts of deliberate homicide. Prosecutors are seeking the death penalty.

Harry Freebourn, administrative director of the public defender's office, said it's difficult to estimate the cost of defending Miller, and it might not take the full $1 million.

"We haven't had a case go full term yet, so we are not able to tell the world what the exact cost would be using actual empirical data," Freebourn told the Missoulian in a story published Saturday. "With this case, however, we are proceeding as if it were a death penalty case. We are staffing accordingly and ensuring that the defendant has a legal team with the requisite skills needed to proceed."

The office gave a detailed cost analysis to the 2011 Legislature, Freebourn said, though it was difficult compiling the information.

"Nobody kept track of those expenses previously," he said. "That was one of the reasons behind assembling the statewide system. We want to make sure we are tracking every single penny."

Freebourn said the entire $1 million isn't dedicated just to a possible trial of Miller.

"This one case could cost $200,000 or $300,000 or it could cost a million," he said. "But the next death penalty case could come around the corner tomorrow."

Missoula Regional Deputy Public Defender Ed Sheehy is assisting Public Defender Noel Larrivee with the defense in Miller's case in Kalispell.

"Death penalty cases get very complex and they are very long and costly," Sheehy said. "To begin with, you have to file a lot of motions that you might not ordinarily file. Then there's a trial, a penalty hearing and an automatic appeal. Then the defendant gets a whole new set of lawyers who can raise all kinds of claims."

Police say Miller, of Kalispell, shot and killed Jaimi Hurlbert, 35, and Alyssa Burkett, 15.

Miller's attorneys on Wednesday filed a motion asking a judge to rule that Montana's death penalty law is unconstitutional, contending the statute violates the U.S. Constitution because the state's judges, rather than juries, have the power to decide if there are aggravating circumstances that support the death penalty.

___

Information from: Missoulian, http://www.missoulian.com

















Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

KathleenJL

These numbers sound solid.  :(

Go Up