A lawyer for a man on Arizona’s death row told the U.S. Supreme Court on Tuesday that jurors in the case were wrongly told that the only way to ensure the man would never walk free was to sentence him to death.
WASHINGTON — A lawyer for a man ondeath row told the U.S. Supreme Court on Tuesday that jurors in the case were wrongly told that the only way to ensure the man would never walk free was to sentence him to death.
At least one juror has said that had she known that a "life sentence without parole" was an alternative to death, she "would have voted for that option." Cruz was convicted of the 2003 murder of Tucson police officer Patrick Hardesty. Hardesty and another officer were investigating a hit-and-run accident that led them to Cruz, who attempted to flee and shot Hardesty five times.A 1994 Supreme Court case, Simmons v. South Carolina, says that in certain death penalty cases, jurors must be told that choosing a life sentence means life without the possibility of parole.
"It sounds like you’re thumbing your nose at us," Justice Elena Kagan told lawyer Joseph Kanefield, who argued for Arizona.
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