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We have a similar sort of thing unfolding here. The DA in another county has no professional obligation to honor an immunity deal given by another DA. It is up to the DA and their county to decide how best to pursue their case.
Four or five years ago now a young woman went missing from an apartment complex south of campus. It was shocking, because we live in a very safe town. Two years ago they finally indicted a guy who lives in New Mexico for the murder of this girl. They still haven't found her body.
Meanwhile, the guy they indicted was brought up on charges in New Mexico for the sexual assault of a UNM student. He was finally convicted on those charges before Christmas. Our DA went and spent a week down in New Mexico during the conviction and sentencing so that he could make arrangements for speedy extradition to Oregon.
Now, we have to wait until the guy is transported to our county. The trial is expected to begin sometime this spring. Oregon rarely executes people (only 2 since 1976!), but they will use the possible death sentence as a bargaining chip to find Brooke's body, as was done in the Georgia case. That said, it is possible that Oregon could end up executing someone, but highly unlikely. We just don't do that here.
As for him receiving the death penalty in multiple states...I would suppose that would have to be worked out between the states. Executions can be pricey. As for the moratorium on executions, Justice Scalia said in an opinion that just because the Supreme Court has decided to hear the case of Baze v. Rees (which questions the constitutionality of lethal injection, arguing that it is cruel and unusual punishment), states do not have an obligation to stop executing those on Death Row. However, many states have issued moratoria on executions, as they do not want to execute someone with a method that may or may not be constitutional. It is important to note that not all states use lethal injection (Washington and New Hampshire, for instance, still offer hanging as an option).
So I think it's one of those things where we all just have to wait and see.
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If I am not better, at least I am different. --Jean-Jacques Rousseau
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