San Rafael, CA -- On March 30, the Marin County District Attorney notified the six defense attorneys currently assigned to represent Morrison Lampley, Sean Angold, and Lila Alligood, that if a death penalty qualifying verdict is obtained, the People would not be seeking the imposition of that punishment.
On October 5, 2015, Steve Carter was killed near Fairfax in Marin County. The ensuing investigation led to evidence that linked the same three individuals to the killing of Audrey Carey that occurred on or about October 2, 2015, in Golden Gate Park in San Francisco County. The two homicides are being jointly prosecuted in Marin County before Judge Kelly Simmons.
Based on the special circumstances alleged in these killings, if convicted, the three defendants faced, until today, the possibility of the death penalty. By removing the death penalty, each of these defendants now faces the possibility of serving life without the possibility of parole.
The decision to seek death in qualifying murder cases first rests with the District Attorney under California law. In deciding whether the interests of justice speak to the use of that punishment, a review of the factors in aggravation and mitigation set out statutorily in Penal Code section 190.3 are reviewed with respect to each charged defendant. The family members of the homicide victims were contacted and their input was sought and taken into consideration.
The law enforcement officers from both San Francisco and Marin were also brought into these discussions. Ultimately, the final decision rests with the District Attorney and after careful review and evaluation, the decision not to seek death was determined to be the most appropriate prosecution path based on the facts and surrounding circumstances of this particular case.
The preliminary hearing for the three defendants is scheduled for May 9, 2016.