Heckuva (Politicized) Job, Kelly

by: Dean Barker

Wed Oct 20, 2010 at 18:37:27 PM EDT

According to state law, the Supreme Court must decide if the death sentence was imposed "under the influence of passion, prejudice or any other arbitrary factor" and whether it "is excessive or disproportionate to the penalty imposed in similar cases," among other issues.

Professor Albert Scherr of the University of New Hampshire School of Law and attorney Andru Volinsky of Bernstein Shur both said the defense could argue Ayotte's e-mail introduces an "arbitrary factor" into the decision to seek the death penalty. Scherr, who is not connected to either campaign, said the defense could ask the state Supreme Court to re-examine whether the punishment was disproportionate compared with other cases or if it was politically motivated.

"If the defense can show that the only reason this was brought as a capital case and other similar cases in the state were not, simply by virtue of the fact that the attorney general's office at the time saw political advantage to bringing this as a capital case, arguably that could impact the decision," Scherr said.

Addison's defenders are looking into it.

Heckuva job, Kelly.  This could be a bigger - and more tragic - fail than losing at the Supreme Court and quietly paying off the winners with $300,000 of state money.