Vermont Jury Recommends Death for Killer
By WILSON RING
Associated Press Writer
BURLINGTON, Vt. - A federal jury Thursday ruled that a man should be put to death for kidnapping and killing a supermarket worker, in the state's first capital punishment trial in nearly a half-century.
Jurors reached their decision on Donald Fell, 25, on the second day of deliberations. Vermont has no death penalty; Fell was convicted under federal law.
Fell showed no emotion as a court clerk read aloud the jury's recommendation, but his lawyer then stood and said he had a statement from Fell for the jurors.
"He respects your decision. He appreciates your hard work and wants to tell you and the family of his sincere remorse. He did not want to do it at any other time publicly as it would be construed to be less genuine," the lawyer said.
Fell was convicted June 24 of kidnapping Terry King, 53, as she arrived for work at a Rutland supermarket, taking her across the New York state line and bludgeoning her to death as she prayed for her life.
"It's justice for my sister," Barbara Tuttle said after the verdict. "Everyone got to listen to what he did to her and this is his punishment."
In 2001 Fell had agreed to plead guilty in exchange for a sentence of life without parole. But that deal was rejected by then-U.S. Attorney General John Ashcroft, who insisted on the death penalty.
Under federal law the judge must impose the death sentence if that is what the jury recommends.
The last execution in Vermont was in 1954. Another defendant was sentenced to death in 1957, but the sentence was later commuted.
Robert Lee, who allegedly carried out the kidnap-murder with Fell, died in prison in 2001. His death was ruled an accidental hanging.
King's abduction came as Fell and Lee were fleeing Rutland after they had killed Fell's mother and a friend of hers.
Fell's attorneys didn't contest his guilt. Rather, they argued the killing spree resulted from a lifetime of drugs and alcohol, physical and sexual abuse by his parents and a baby sitter.
But in his closing argument, Assistant U.S. Attorney Stephen Kelly said that "the evidence, the law and justice demand only one verdict in this case. It calls for you to impose the death sentence."
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OK, he didn't contest that he did it. Which I'm assuming (big one, here) means that he really did it beyond a shadow of a doubt.
Pull the trigger. No objections here.
Ross