Vermont has no death penalty, but one of Donald Fell's three murders was a carjacking and kidnapping that crossed state lines. That brought in the feds. See 18 U.S.C. §§ 1201(a)(1); 2219(3); 3591(a)(2).
The case has dragged on for nearly 20 years, in part because the first conviction and sentence were reversed on appeal and in part because the courts have spent a lot of time entertaining meritless attacks on the death penalty. Now, Taylor Young reports for WCAX:
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.* * *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.
In some capital cases, the defendant's mother stands by him, even though he has committed horrible crimes. Fell's mother hasn't, though.
Fell murdered her the same night he murdered Mrs. King.
Why is the Trump Administration's DOJ taking this deal? I thought it was pro-DP? I am genuinely surprised, and I am sincerely interested in your take on why AG Sessions is giving up now.
I have no information on why DOJ agreed to this.
Possible answers:
(1) Lazy legal bums don't care enough about justice to seek execution for
an eligible murderer; the easy way is to get a plea.
(2) They're part of the "Resistance", thwarting the will of the people with either
reflexive tone-deafness or fiendish obfuscation.
(3) They reckon a technical legal error as an utterly disqualifying coup de grace, since their discretion resembles a great white's eating habits.
["Donald Fell was convicted in 2005 and sentenced to death
under federal law ... The conviction was later thrown out due
to juror misconduct."]
Adamakis, the US Attorney here is a Trump appointee, Christina E. Nolan, and I think AG Sessions has to sign off on this decision. Do you view even Trump appointees like Nolan and Sessions as possible card-carrying members of the resistance?
Well,
(1) Nolan: “President Donald Trump has agreed with a recommendation by Sen. Patrick Leahy and Gov. Phil Scott on the next United States attorney for
Vermont.” [I don’t know her much, so let’s start here.]
Sen. Leahy? Yeah: 1 part Fidel, 1 part Ted Kennedy, another part Swamp Creature.
Gov. Scott: Governor Scott explained: “I am very much a fiscal conservative. But not unlike most Republicans in the Northeast, I’m probably more on the left of center from a social standpoint,” Scott explained.
“I am a pro–choice Republican".
29JAN2017 Montpelier, Vt. – Gov, Phil Scott today issued: "As I said when the President’s Executive Order was first issued, I am concerned …As I have said, I’m going to do everything I can.. that includes standing up to executive orders from Washington ...”
[Thus is found inter alia the prototype of a swamp elitist.]
Cf. http://digital.vpr.net/post/phil-scott-mounts-pre-primary-offensive-against-donald-trump#stream/0
Tentative Conslusion: Pres. Trump may have been granting the conventional deference given to the home-state senator on this one. Nolan’s low-profile would serve a “resisting” swamp creature well, but she could just be an unprincipled, squishy mainstream NE Republican (i.e., not a Republican anywhere in the heartland).
(2) Sessions:
There seems to be something wrong with Sessions, e.g. recusing himself whilst allowing the more conflicted Democrat Rosenstein to rule over him at Justice. Perhaps he is what one might call retarded, not able to do a job requiring
more energy than that of a Senator. You and I wonder if he is part of the
Resistance; I also wonder if he has Lyme disease.
Tentative Conslusion: Pres. Trump may be keeping Sessions because his advisers think it would look tyranical to sack him; Sessions is pretty good regarding MS-13 and immigration. Is Jeff Sessions a “resistor”? I do not know, but he is a lethargic, half-hearted, nice man who would have made Nelson Rockefeller proud but not Reagan, nor Trump or other convervative Americans now.
Wouldn’t the most likely scenario be witnesses dying or stories changing because of the length of time?
That sure seems sensible, Tarls, but this deal was made after jury selection had started. I would be surprised if the witness situation changed just on the eve of the start of a trial.
Whatever the reasons, I wish federal prosecutors (here and elsewhere) had some obligation to explain their consequential sentencing decisions and/or faced some kind of review of these decisions (like judges do). Sunlight and disinfectant and all...
Adamakis' comments highlight how prosecutorial secrecy can and will often lead observers to assume the worst absent some public explanation.