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Sealed Penalty Phase Verdict Returned as to One of Two Defendants in Capital Case

By Tom Lincoln

There's an ongoing death penalty case being tried in the District of Puerto Rico before Judge Juan M. Pérez-Giménez. Only the two defendants certified for the death penalty are on trial in this round, with the non-death certified defendants to be tried at a later date. The guilt phase concluded with guilty verdicts as to both defendants. Their attorneys had requested that the jurors deliberate separately as to each defendant in the penalty phase. Initially, the Court denied this request. Then the evidence as to the aggravating and mitigating factors was presented against defendant Lorenzo Catalán-Román, represented by Steve Potolsky (Florida) and Gustavo Del Toro (yes, that's Benicio Del Toro's father). Before any evidence was presented in the penalty phase against the other defendant, Hernando Medina-Villegas, represented by Donald West (Florida) and Juan Alvarez, Judge Pérez-Giménez reconsidered his earlier ruling, and decided that he would have the closing arguments, jury instructions and deliberations as to the first defendant before proceeding to have evidence presented as to the other defendant, but that the jury's verdict would not be made public until a verdict was returned as to the second defendant...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on April 22, 2005 (boomark / email).