U.S. Attorney General authorized seeking the death penalty against Ricardo Sanchez, 24, and Daniel Troya, 24,
U.S. Attorney General authorized seeking the death penalty against Ricardo Sanchez, 24, and Daniel Troya, 24, the two men accused of killing Jose Escobedo, his wife and two young children on Oct. 13, 2006, according to court documents filed Wednesday.
The decision to seek the death penalty required not only local prosecutors to sign off on it, but the approval of Attorney General Michael Mukasey.
"That is clearly an enormous, momentous decision," said U.S. District Judge Daniel Hurley.If convicted, the men face execution on five charges — one each of armed carjacking resulting in death and four each of using a firearm in a violent crime leading to death in the killings
"It was not unexpected," said defense attorney James Eisenberg, one of two lawyers representing Troya, of the decision to seek death. "We were realistic about it."Eisenberg said he had no idea what the government was talking about when it alleged Troya was involved in previous killings and other acts of violence. He said he may file motions seeking to have some of that evidence revealed.In arguing for the death penalty, prosecutors said the crime was done for monetary gain, involved substantial planning and premeditation, involved the killing of multiple persons and targeted especially vulnerable victims (the two children).The government also said both men have been "involved in other murders, attempted murders and serious acts of violence which are not reflected in the criminal record."The case is expected to take two to three months to try and will begin on Jan. 5, 2009.Attorneys said the case will take longer than most because jurors must be asked their opinions of the death penalty in addition to normal questions about their ability to be fair, and if they do convict, they will be required to hear additional testimony on whether to impose death.
Pretrial publicity and the nature of the crimes is also likely to delay jury selection, attorneys said. Defense attorneys said they will likely present experts to challenge some of the government's evidence, which includes fingerprints of the suspects taken off of Turnpike toll tickets.
Sanchez and Troya have shown no remorse and are likely to be a danger to the public in the future, the government claims.
Attorneys for the other defendants, who are charged with drugs and weapons crimes but not the homicides, expect to file motions severing those cases from the murders.
The St. Lucie County Sheriff's Office has said Escobedo was the head of a large drug ring and Sanchez and Troya "killed their leader"when they took him out. Prosecutors have acknowledged the killings were drug-related.
A new indictment filed last week says the men left the home of an unnamed co-conspirator on the day before the killings, called this person shortly after the family was slain and then went back to the person's home afterwards.
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