Charlotte prosecutors seek the death penalty

Death penalty sought in officer killings:

Prosecutors in the case of Demeatrius Montgomery, the suspect in the killings of Charlotte Mecklenburg police officers Sean Clark and Jeff Shelton, have stated they intend to seek the death penalty. Of course, the defense is trying to prevent that…

Defense attorney Duane Bryant opened Thursday’s hearing by seeking to prevent prosecutors from putting Montgomery on trial for his life. He argued that the indictment against Montgomery does not list any aggravating circumstances that prosecutors must prove to obtain a death sentence.

“It makes it hard to prepare a defense in this matter … ,” Bryant told the judge. “They have to apprise this young man what he’s going to be tried for.”

In court papers, the defense lawyer maintained that the aggravating circumstances must be listed in an indictment in order for the state to obtain a death sentence. He conceded, however, that the N.C. Supreme Court has rejected that argument.

Bryant also told the judge that North Carolina’s death penalty is cruel and unusual. He argued that North Carolina “has no constitutionally acceptable means by which to execute someone.” He cited lawsuits challenging the state’s legal-injection procedures used to execute condemned killers.

Superior Court Judge Don Bridges denied the defense motion.

Let’s see here. Aggravating circumstances? How about that he allegedly killed two cops who were responding to a call that had nothing to do with him. Is that circumstance aggravating enough for you? And the death penalty is not cruel and unusual. Dropping someone feet first into a wood chipper is cruel and unusual. Like ambushing and killing two cops is kind and usual.

Luckily Judge Bridges denied the defense’s motion. With the revolving door policies in place in Mecklenburg County, this is a refreshing change.