Will the Alleged UVA Murderer Face the Death Penalty?
According to news reports, Virginia prosecutors are declining whether they will seek the death penalty against UVA lacrosse player, George Huguely. We know, however, that the Commonwealth of Virginia ranks second, only behind Texas, for the most executions since 1976.
Under Virginia law, the death penalty is warranted when 1 of 12 "aggravating factors" to found to be connected to a murder. These factors include homicide as part as of a robbery, abduction or rape.
The question then for Huguely is whether an boyfriend/girlfriend relationship that went horribliy wrong can qualify as a capitial murder?
Based on police reports, the murder allegelly committed by Huguely on Yeardley Love was beyond brutal. Virginia prosecutors may claim that Huguely restricted Love's movement and method of his escape, on the night of the murder, thus becoming an "abduction" and an aggravatinig factor. One other factor to watch is whether a rape kit was done, by police, on the victim's body. Obviously, evidence of rape would easily command the seeking of the death penalty under Virginia law.
We expect public pressure for seeking the death penalty to intense on prosecutors. We will be watching to determine whether any "creative lawyering" is needed to trigger an "aggravating factor" under the law.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.