To read the tribute to SFC Marcus Muralles, please click here 
Wednesday, August 17, 2005
Wyatt Earp Is Spinning In His Grave
BTK killer Dennis Rader is facing his victims' families today during his sentencing hearing. They struggle to find words to express to the court the pure hell Rader put them through. And, on top of that, they get to deal with this: won't can't execute him for his crimes. You see, the Kansas State Court said that their death penalty law was unconstitutional.
Judge Gregory Waller must rule on whether he will serve his 10 sentences consecutively or concurrently.Yeah... you read that right. His worst possible sentence is 175 years in prison without a chance of parole. What's wrong with that, you ask? The great state of Kansas
Prosecutors want Rader to get the longest possible sentence - a minimum of 175 years without a chance of parole.
The Kansas law states that when juries find arguments for and against execution equal, their decision should favor a death sentence.But... no... there's no such thing as an activist judiciary.
But a majority of the justices said such a requirement violates the Eighth and 14th amendments of the U.S. Constitution, according to court officials.
The Eighth Amendment addresses "cruel and unusual punishment." The 14th Amendment addresses guaranteed rights, due process and equal protection for U.S. citizens.
The Kansas statute's "express language was clearly intended to mandate the imposition of a death sentence when the existence of aggravating circumstances was not outweighed by any mitigating circumstances," the opinion states.


