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Killer Not Indicted Because Sentenced to LWOP?

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Greg Risling reports for AP in LA:

While behind bars for three decades, a convicted murderer and member of the Mexican Mafia controlled a network of Los Angeles street gangs that sold drugs, committed killings and robbed students at the University of Southern California, authorities said in an indictment unsealed Thursday.

Investigators believe Danny Roman used his 23-year-old daughter Vianna Roman and her husband, Aaron Soto, to relay orders to gang members who ran criminal activities in neighborhoods and received protection from the notorious prison gang if they entered the penal system.

The 110-page indictment illustrated the havoc wreaked by the Mexican Mafia from maximum security prisons by "taxing" street-level gang members.

Among the crimes tied to the 56-year-old Roman in the documents were the May murder of a gang member and the gunpoint robbery last December of three USC students.

Thom Mrozek, a spokesman for the U.S. attorney's office, said Roman wasn't indicted because he's currently serving a life prison sentence without the possibility of parole for a 1984 first-degree murder conviction. Mrozek declined further comment.
I think some further comment is in order.  We do have a federal death penalty, and a person who commits murder after previously committing murder should be first in line.  (Personally, I think that circumstance warrants a mandatory death penalty, but SCOTUS didn't see it that way.)

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