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September 21, 2018

Why is the Sessions' DOJ now taking death penalty off the table for Donald Fell after so much cost and agony for victims?

The question in the title of this post emerges from this notable federal capital news, headlined "Accused killer Donald Fell to take plea deal, avoid death penalty," emerging from Vermont in a long-running multiple murder case.  Here are the basics:

Nearly 20 years after he allegedly kidnapped and murdered a Vermont grandmother, accused killer Donald Fell is changing his plea and will avoid the death penalty.

Terry King, 53, was arriving for work at the Rutland Price Chopper in 2000 when police say Donald Fell and Robert Lee carjacked her, drove her to New York and killed her on the side of the road.

Fell was convicted and sentenced to death in 2005.  But his federal conviction was overturned due to juror misconduct and a new death penalty trial was set to begin.

But now there is a plea deal that takes the death penalty off the table. Court documents show Fell will plead guilty to four federal crimes, including carjacking and kidnapping with death resulting. In exchange, he will spend the rest of his life in prison without the possibility of parole.  A judge must still accept the agreement.

Fell's alleged accomplice, Robert Lee, never stood trial. He killed himself in prison. Fell and Lee were accused of two other murders that night. Police say before kidnapping Terry King, the men murdered Fell's mother, Debra, and her friend, Charles Conway in Rutland. But those killings took a back seat to King's murder because the feds were charging the men in that case since they brought King across state lines. The feds also had the death penalty to bargain with. The state of Vermont does not have a death penalty.

As highlighted via prior posts below, Fell's legal team has been making an aggressive case against his continued capital prosecution.  But I sincerely doubt federal prosecutors found any of their claims compelling or really worried that federal judges would.  So I am inclined to assume that federal prosecutors just concluded, presumably with the blessing of Attorney General Jeff Sessions, that throwing more federal taxpayer dollars after the pursuit of federal death sentence was just not a good investment of limited resources (perhaps especially because the feds have not executed anyone in over 15 years).

That all said, I still find this decision especially striking because the victims here are vocally against this plea resolution.  This local article, headlined "Victim's family says justice not served with Fell plea deal," explains the family's reaction while also suggesting federal prosecutors had to work had to talk them into being content with this resolution:

The family of Terry King says justice is not being served. That's their response to news a plea deal has been reached with King's accused killer, Donald Fell. The deal means Fell will avoid the death penalty. "I mean they beat her to death. Beat her to death while she prayed for her life. And yet he is allowed to live? What justice is that?" demanded Barbara Tuttle, Terry King's sister.

Tuttle is talking about Donald Fell, the man accused of the brutal murder of Terry King. The North Clarendon grandmother was kidnapped on her way to work back in 2000. "It is a total embarrassment for the U.S. government as far as I am concerned, a total embarrassment," Tuttle said. And King's sister says she speaks for the entire family....

"If you are going to have the death penalty, then enforce it. If you are not going to use it, then why is the law there? Why all these appeals over and over and over again? Eighteen years of this," Tuttle said.

Tuttle says her family has known a plea deal was in the works for several weeks. Under the deal, Fell will plead guilty to four federal crimes including carjacking and kidnapping with death resulting.  Tuttle says her family was convinced by prosecutors it was the best way to go to avoid another lengthy trial and appeal process.  "I would just as soon go to court all over again if I knew that he would come out with the death penalty.  And it was actually be enforced and we wouldn't have to go through 18 more years of appeals," she said. "It is ridiculous."

Tuttle says at least she won't have to keep being reminded of the case once Fell is sentenced to life without parole. She hopes if any good can come of the story, maybe it can lead to changes in the system. "They are always talking about criminal justice reform. Let me tell you, this is a perfect example of why our system is broken," she said....

It is important to note that a federal judge still needs to approve this deal. The case goes back to court Sept. 28.

I doubt the family member speaking here would be content with abolition of the death penalty as a way to fix this part of a broken capital criminal justice system. But I find it so telling that the "tough-and-tougher" federal administration that Prez Trump advocates and that AG Sessions seeks to implement ultimately gave up here on what should not be a uniquely hard capital prosecution.  Another notable data point to support the view that the long-running litigation war against the death penalty is ever closer to a complete victory.

Prior related posts:

September 21, 2018 at 11:43 AM | Permalink

Comments

The real issue here is the fact that death penalty appeals are so lengthy and expensive. The only way to fix that is to start taking issues off the table. The Supreme Court could do that, if it chose to. So I'd blame the Court more than Sessions.

Posted by: William Jockusch | Sep 22, 2018 11:25:32 AM

What an extraordinary waste of taxpayer money by the feds.

Posted by: Michael Mannheimer | Sep 24, 2018 5:13:07 PM

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