Jul 7, 2007 1:27 pm US/Eastern
Accused N.H. Cop Killer Challenges Death Penalty
MANCHESTER, N.H. (AP) ―
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Michael Addison is charged with capital murder and could be executed if convicted.
CBS
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Addison is accused of shooting Manchester Police Officer Michael Briggs.
CBS
Lawyers for the man accused of killing a Manchester police officer have filed three more motions challenging the constitutionality of the death penalty.
The motions field Thursday are the latest in a series of arguments filed with Hillsborough County Superior Court seeking to bar the imposition of the death penalty against Michael Addison.
Addison 27, is charged with capital murder in the Oct. 16 death of Officer Michael Briggs, 35, a father of two who was shot while on patrol.
One of the latest motions challenges the aggravating factors prosecutors have laid out hoping to show why Addison deserves death if convicted. Addison's lawyers argue that the factors are too broad.
For example, the attorney general's office claims Addison killed Briggs to avoid a lawful arrest and that he created a "grave risk" to others while committing the crime. But defense lawyers argue that the terms "lawful arrest" and "grave risk" are too vague.
"At a minimum, Mr. Addison needs to know how his jury will be instructed with regard to the aggravators so he can prepare factual defenses," public defender David Rothstein wrote.
Addison's lawyers also argue that the state's death penalty law gives greater weight to aggravating factors because jurors consider such factors before hearing mitigating factors, or reasons why a defendant deserves life in prison instead of death.
In the third motion, defense lawyers argue that denying capital murder defendants the choice between a jury trial and a trial before a judge alone is unconstitutional. A defendant may want a bench trial because he's concerned that jurors who say they are open to the death penalty may be more likely to convict, Addison's lawyers said.
The lawyers have until Monday to file more challenges to the death penalty law. The attorney general's office then will have 30 days to respond. A hearing is set for Aug. 15.
(© 2007 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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