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Saturday, January 18, 2014

Protip: Don’t Blame Your Brother-In-Law for the Murder You Committed, Especially if There’s DNA (See Dennis McGuire)



Last week in Ohio, Dennis McGuire was executed with an untested cocktail of two lethal drugs (rather than the standard dose of three) and it took about 15 minutes for him to dieThis has led to outrage at the length of death, and calls by some states to re institute the firing squad.  

Dennis McGuire
 Lost in all the coverage is some of the backstory on McGuire.  McGuire was initially arrested ten months  after Joy Stewart was killed on February 12, 1989. He wasn’t arrested for her murder.  He was arrested on an unrelated assault charge.  (See here)  Without consulting a lawyer, he tried to negotiate a lesser sentence on the assault by giving prosecutors information on Stewart’s murder, by blaming his brother-in-law.  Thing is, the brother-in-law had nothing to do with it.  And there was DNA evidence from the crime and McGuire was in custody, giving police ready access to his DNA, which a decade later confirmed his role in the murder.  His plan to blame his brother-in-law for the murder quickly fell apart. (See Fox News Story )

Police quickly confirmed his guilt.  McGuire later admitted he was guilty and responsible in a letter to Governor John Kasich last month.

In all the coverage about how agonizing the twenty-minute death of McGuire was, let’s not forget that he admitted to murdering a pregnant woman, kept quiet about it for a decade, then tried to blame his innocent brother-in-law, and would readily have seen his brother-in-law go the death chamber if his cunning plan had gone through.

I’m not saying that we ought to condone painful deaths of inmates.  But the amount of ink spilled about a twenty minute death versus a five minute death might take a back seat for a minute to recount that this guy admitted to kidnapping and killing a pregnant woman and then tried to blame a family member for it.

Also remember, if you’re a criminal defendant, don’t go trying to plea bargain with prosecutors on your own. Get an attorney’s help.  McGuire was not only homicidal, not only tried to pin it on an in-law, but was also completely inept at trying to plea bargain on his own behalf.

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