Executive Branch
New AG Eric Holder Puts Rare Federal Death Penalty Case on Ice
Posted Mar 2, 2009 1:38 PM CST
By Martha Neil
Months ago, federal prosecutors in San Francisco had recommended a plea deal for alleged gang member and accused triple-murderer Emile Fort that would have included a 40-year prison term.
After then-U.S. attorney general, Michael Mukasey, rejected the proposal, the rare federal death-penalty case proceeded to trial. Opening statements were made on Wednesday, but on Friday, when defense counsel arrived in court expecting another day of witness testimony, the government said it was ready to deal, the Recorder reports
U.S. District Judge William Alsup dismissed the jury and scheduled a special hearing for today. Although Fort was to ponder over the weekend whether to accept a plea bargain, his lawyer, Michael Thorman, says he expects Fort to do so.
Details of the expected plea aren't provided, but it is likely to spare Fort his life—and may indicate a new approach generally by the feds to potential death penalty cases, now that Attorney General Eric Holder is at the helm as the nation's top lawyer, the legal publication writes.
"If this signals the Justice Department is giving more respect and reliance to local decision-making, I think it's a good thing," Thorman said.
Earlier coverage:
San Francisco Chronicle: "S.F. grapples with 1st death trials in years"
SF Weekly: "Leader of Down Below Gang blames PTSD for killings"
San Francisco Chronicle (2007): "Reputed gang members lose court appeal to learn witnesses names"
Updated at 6:07 p.m. to correctly attribute quote to Thorman.

Comments
J.D.
Mar 2, 2009 3:06 PM CST
Apparently two teens were killed, and a baby was shot to death while being cradled in it’s uncle’s arms.
So here comes Eric Holder to defend the alleged killers! Why does the Left have such infatuation with such types?
Terrorists? Baby-killers? We mustn’t let them be harmed!
And why do liberal publications like the failing SFChron hide all information about the VICTIMS? It’s next to impossible to find any information anywhere.
Here are some examples of the violence that has plagued the neighborhood recently, most of it likely attributable to these friends of the Obama administration::
—On March 27, 30-year-old Adrian McKinney was found dead in his car around the same time that a basketball tournament—organized by Mayor Gavin Newsom’s office to boost morale in the area—was being played about a mile away. McKinney’s Mercedes-Benz had been set on fire.
—Curtis Johnson, 25, was shot and killed on March 25 on a walkway of the Northridge public housing project about 5:30 p.m. as he was leaving his aunt’s home, which he had visited to borrow videotapes.
—On March 24, Darius Rogers was killed and another man was wounded in a drive-by shooting on Kiska Road in Hunters Point.
—Deandre Dow, 21, was killed in a Feb. 1 drive-by shooting at the Hunters View public housing project, in what police said may have been retaliation for an earlier shooting.
—Michael Hill, 17, and Jovani Banks, 19, were killed in a shooting in front of a Bayview housing project on Jan. 19.
—Last September, a 7-week-old baby, Glenn Timmy Maurice Molex, was shot and killed while being cradled in his uncle’s arms inside the family’s Bayview home. Authorities said the shot, fired from outside the home, was intended for the child’s father.
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Bill Dugan
Mar 2, 2009 5:12 PM CST
Do you think post #1 has an interest in the matter? Or is he just against Holden holding his own?
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B. McLeod
Mar 2, 2009 5:35 PM CST
I think there is much to be said for Richard Cutler’s comment cited in the article. If the prosecutor directly handling the case thinks that a plea with a 40-year prison term is appropriate, there are probably some proof problems that justify that conclusion. The prosecutor who has worked the case for trial is necessarily better versed in the facts and trial problems of the case than are people simply reading about it in the newspaper. Also, that prosecutor is likely to be a better judge of the trial risk than somebody who is sitting at a desk in D.C. It only makes sense for the Attorney General to give some deference to the trial attorney’s recommendation.
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J.D.
Mar 2, 2009 5:41 PM CST
I DO have an interest, Mr. Dungan: I have family members living in the S.F. Bay Area that I don’t want raped and shot in the head. Is that good enough?
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Bill Dugan
Mar 3, 2009 5:35 AM CST
I can dig it, man. I kinda thought that your post carried more punch than the average yutz with a legal degree. Hang ‘em high, man!
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J.D.
Mar 3, 2009 8:56 AM CST
Excellent. I thought you were one of the few logical people on here!
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