Username Post: Court question? Any lawyers here?
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01-12-18 11:35 AM - Post#1708844    
    In response to phantomenforcer

I suppose there can be a mechanism to prevent a person from being subjected to the death penalty, but since I’ve been away from the criminal side for a long time I can’t really speak to that now.

I stayed in the SAO specifically to prosecute a death penalty case. The defense attorney in that case asked me to come to his office to discuss the case after we declared we would seek the death penalty.

He had a stack of medical records about a couple of feet high documenting multiple hospitalizations.

The defendant would purposely hurt himself and was diagnosed with Munchausen Syndrome. He would eat glass, throw himself in front of cars, take a knife and stab himself, and a host of other terrible things. He actually threw himself in front of an ambulance. I guess he was trying to cut out the middleman.

Based on these records, we decided to plea him out for life without the possibility of parole and an agreement that he wouldn’t file any appeals or post conviction motions.

So, in my experience, the prosecutor can be convinced to drop the death penalty in certain circumstances.
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