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The Cleveland Horror and the Death Penalty

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Andrew Welsh-Huggins has this story for AP on the possibility of the death penalty in the Cleveland horror case, headlined, "Experts question death penalty in Cleveland case."  Despite the headline, the first expert quoted is OSU Professor Doug Berman saying, "Ergo, Castro, at least as the facts have been described and developed, would seem to be the poster child for the worst of the worst unlawful pregnancy terminator."

Most of the rest of the comments are fairly predictable, but this one set me back in my chair:

It's not unheard of for prosecutors to seek capital charges even when a body hasn't been located. But the Castro case brings up another layer of difficulty given that no human remains of any kind have been found on his property.

"How does the prosecution prove a pregnancy? How do you prove that Castro caused the termination of the pregnancy?" said Michael Benza, a Case Western University law professor who has also represented death row clients.
Well, professor, there is one small difference between this case and the usual missing body case.  There are three living eyewitnesses, one of whom, in each case, was the mother of the deceased victim and the direct victim of miscarriage-inducing beating.  How do you prove it?  Sheesh.

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In a saner system of justice, there would be a mandatory death sentence for crimes such as Castro's.

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