Katherine Helen Gillespie
Cross Posted at Legal Schnauzer
An Alabama jury yesterday recommended the death penalty for Ryan Gerald Russell, who was convicted of killing his 11-year-old cousin.
Katherine Helen Gillespie died from a gunshot wound to the head in June 2008. Her body was found in an SUV at the home where she lived with Russell, her legal guardian. Court documents showed that Russell had planned to adopt Gillespie.
Gillespie's death is a sad and baffling story. And it is picking up a strong hint of injustice as Russell probably heads to death row for a crime that does not appear to fit the definition of murder. Gross incompetence by investigators and defense attorneys--not to mention the judge's history of unethical behavior--seem to be glossed over.
Shelby County Circuit Judge J. Michael Joiner will sentence Russell on December 16. Joiner can accept the jury's recommendation or sentence Russell to life in prison without parole.
As we reported yesterday, two curious elements of the Russell prosecution jump out:
* His court-appointed defense attorneys, Mickey Johnson and Rick Vickers, chose not to put on any defense. Its common for defense lawyers not to put the defendant on the stand. But to present no defense at all, to present no rebuttal to the prosecution's case? Can you imagine Johnny Cochran handling the O.J. Simpson defense in such a fashion? Of course, Johnny Cochran was not a court-appointed attorney.
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