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Jury to Decide Life or Death for Convicted Cop Killers

Jury to Decide Life or Death for Convicted Cop Killers

Cain, Floyd and Warner

Philadelphia Inquirer via YellowBrix

August 02, 2010

PHILADELPHIA – If all goes as the prosecution hopes, a Philadelphia jury as early as this week will make Eric Deshann Floyd and Levon T. Warner the 221st and 222nd death-row inmates in Pennsylvania.

Convicted last week by the same jury for the first-degree murder of police Sgt. Stephen Liczbinski in the aftermath of a 2008 bank robbery, Floyd, 35, and Warner, 41, today are scheduled to enter the penalty phase of their capital-punishment trial.

The process likely will take most of this week, Common Pleas Judge Renee Cardwell Hughes told the jury Wednesday.

Assistant District Attorney Jude Conroy will be first to present his case for why the defendants should be executed.

In addition to discussing “aggravating circumstances” that warrant death sentences, Conroy may call Liczbinski’s widow, Michelle, and their three adult children to give victim-impact statements.

He’ll be followed by the defense attorneys, who will present “mitigating circumstances” to try to convince the jury that their clients should be sentenced to life in prison.

Floyd’s attorney, Earl Kauffman, will present his case later today or tomorrow, followed by Warner’s attorneys, Gary Server and W. Fred Harrison Jr.

Conroy will have to prove beyond a reasonable doubt the existence of “aggravating circumstances” and convince the jury that they outweigh the defense team’s “mitigating circumstances.”

Among the aggravators Conroy may present under state law are: the defendants murdered a police officer while on duty; they have a history of violent felony convictions; they committed a killing while perpetrating a felony; and they put others at grave risk of death while committing a crime.

Among the state’s eight mitigating circumstances are: a defendant’s capacity to appreciate the criminality of his conduct being substantially impaired; a defendant being under the influence of extreme mental or emotional disturbance; a defendant playing only a minor role in a murder; and any other evidence concerning a defendant’s character and record.

Warner’s attorneys, before the trial opened, indicated that the former boxer suffers from brain damage and lacks the ability to think clearly while under duress and stress.

It was not clear what strategy Kauffman would take on Floyd’s behalf.

During the trial – which spanned four weeks – Conroy argued that while the defendants did not shoot Liczbinski, they are just as responsible as their accomplice, gunman Howard Cain, who was shot dead by police, because they shared with him the specific intent to kill anyone who got in their way of robbing the Bank of America in Port Richmond.

The defense attorneys contended that their clients only meant to rob the bank and played no part in the murder.

  • Sfa_iv_max50


    over 4 years ago


    The company you keep can also get you a lesson or two.

  • Photo_user_blank_big


    almost 5 years ago


    If the fact that they didn't personally pull the trigger says anything, it's that one should be careful in choosing one's friends.

  • 21_max50


    almost 5 years ago


    POS...... Show them what it feels like

  • Anonymous-killer-whale-232189_1__max50


    almost 5 years ago


    The murder of a police officer should be the only aggravating factor needed to give these animals the death penalty.

  • Bmg_logo_100x100_max50


    almost 5 years ago


    Stone them,,, let them feel the pain

  • Photo_user_blank_big


    almost 5 years ago

    The murder of LEO requires the firing squad; my opinion of course. After the perps are down, lets shoot 'em some more and hopefully, that would send the right message.

  • Warrior_knight_max50


    almost 5 years ago


    Why should we provide for them for the rest of their days? They forfeited the right to exist. Sorry, you lose.

  • Police_blue_light_max50


    almost 5 years ago


    TDamn cop killers, I'm sick of them put them to death, they hav no rights after killing law enforcement

  • Img_0103_max50


    almost 5 years ago


    One can only hope and pray for justice...!!!!

  • Photo_user_blank_big


    almost 5 years ago


    too bad shoot a cop or anyone for that matter in cold blood ...sit on death row even if you were just there ... may they never draw a free breath again .... sometimes though they live much longer if they get the death penalty.... surprise but true since most states are not enforcing the death penalty...and some don't make it in general prison population...

  • Policememorial---a_max50


    almost 5 years ago


    "... the defendants murdered a police officer while on duty; they have a history of violent felony convictions; they committed a killing while perpetrating a felony; and they put others at grave risk of death while committing a crime."

    Yep sounds like a good case for a death sentence to me. As far as the impairment issue, tough s**t, if you don't want to lose control don't get high. Secondly, how exactly is ANY role in a cold blooded murder considered "minor"? Maybe the defendants passed along some of their dope to the defense attorney if he thinks that crap is going to fly. And lastly, all I need to know about the defendants "character and record" is already covered in the first sentence of this post. Case closed, dispose of the garbage and lets get on with some justice for the Liczbinski family. I'm pretty sure these three POS were not concerned one little bit with ANY of the mitigating circumstances surrounding Liczbinski and his life. So since they gave him no mercy to him, they should expect none from the rest of polite society. Kill them all and be done with it already.

  • Rob___i_max600_max50


    almost 5 years ago


    Try 'Em & Fry 'Em

  • Images_max160_sq90_max50


    almost 5 years ago


    Ddemlong, your words are golden. They should NEVER of been released. Alot of felonies out there are from repeaters. They need to be locked up. Just a few months ago, they closed a prison in NJ. I mean....seriously.... "For real??"

  • Absolutelawenf_max50


    almost 5 years ago


    What does this switch do? zap zap!!

  • 9-11_1_sq90_max50


    almost 5 years ago


    bump DEATH!

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