Executive Branch

New AG Eric Holder Puts Rare Federal Death Penalty Case on Ice

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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.

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