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Legal Commentary

: TalkLeft

Mukasey Refuses Federal Death Penalty Prosecution

By Jeralyn

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Could we finally be done with the Ashcroft-Gonzales era of seeking the death penalty even in the face of opposition from federal prosecutors? We might actually be doing better than that.

Today, U.S. Attorney General Michael Mukasey showed he might be taking a different tack. North Dakota U.S. Attorney Drew Wigley announced today that Mukasey had rejected seeking the death penalty against several defendants in a drug conspiracy case involving an alleged murder:

The decision was announced Friday by U.S. Attorney Drew Wrigley, after he received a letter from U.S. Attorney General Michael Mukasey. Wrigley said it was a short statement by Mukasey.

"He now sets the record for the most direct of the three attorneys general I've worked for. I'll leave it at that," Wrigley said.

The latest decision came in the case of defendant Martin Avila, age 21, accused of being a fugitive and a meth trafficker who used a firearm to kill Lee Avila of East Grand Forks, Minn. Avila is one of "more than 60 people charged in the case known as Operation Speed Racer."

Mukasey also rejected death filings against three other defendants accused in Avila's death.

"The facts are obviously well-known to them," said Wrigley, referring to the Justice Department. "We put together an entire synopsis with every possible aspect of the case and they considered it very thoroughly (in the death penalty decision)."

Full post as published by TalkLeft on February 29, 2008 (boomark / email).

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