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Gary Lee Sampson - Federal - Page 7
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Thread: Gary Lee Sampson - Federal

  1. #61
    Administrator Heidi's Avatar
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    Juror Who Opposed Death Penalty For One Of Sampson's Killings Speaks Out

    Imagine sitting on a jury when your duty is to decide whether you should sentence a man to execution. And imagine yourself alone, with 11 fellow jurors pushing for the opposite verdict.

    Two weeks ago, a federal jury in Boston became only the second jury in Massachusetts in a half century to impose the death penalty.

    Prosecutors were seeking two death penalty sentences for two killings committed by Gary Lee Sampson in 2001. But one of the jurors held out and then caused a sensation by slipping a letter intended for the judge into the envelope with the verdicts.

    A Conversation With The Holdout Juror

    Gregory Gadbois wants to make it clear. He was on the jury's side when it came to deliberating the evidence in the killing of Jonathan Rizzo. The heinousness of the crime involved more than the stab wounds, he says.

    "It was the kind of morality, the decision that it's OK for me to do this for my convenience. I can kill people," Gadbois said. "That's exactly what a terrorist does."

    We found Gadbois after the judge in the case released the list of jurors in response to a motion filed by WBUR.

    Gadbois said that by the end of the trial, even the jurors who didn't believe in the death penalty agreed that capital punishment was necessary for defendants like Sampson.

    But when it came to the killing of Philip McCloskey, the first of the two Good Samaritans who had given a ride to the hitchhiker, there was one juror who held out against the death penalty.

    "And that was me," Gadbois said. "I do believe there was a difference in the murders. ... I only took that vote on McCloskey because ... it wasn't premeditated. I believe it wasn't premeditated."

    The 58-year-old physicist wanted more certainty, a higher level of proof. When Sampson confessed to police, he said he had intended to kill Rizzo from the start of that encounter, but he said he had no such plan when he first carjacked McCloskey.

    "It was a stupid person doing this awful thing, but not premeditated," Gadbois said.

    Gadbois said he needed time, he needed the weekend to think, and his best thinking is through his writing.

    By Monday his doubt and his votes for the death penalty in one killing, and against in the other, were firm.

    When fellow jurors asked about justice for the McCloskey family, Gadbois said that two different crimes with different character deserved two different verdicts.

    "I just told them, I'm not going to move on this," he said. "'I mean, we're going to give him the death penalty anyway. It's going to kill him. That's good.' "

    Issues With The Federal Law

    What Gadbois did next threw the jury into disarray. Over the weekend he had decided to make his views on the law clear to the court. He had typed a letter. And after the jury reached its verdicts on the Monday, he slipped it into the envelope with the verdicts.

    "The thing that bothered me so bad was the stupid law," Gadbois said. "I think the law they were prosecuting under is unconstitutional."

    He argues, as have other civil libertarians, that the killings should have been prosecuted as straight-up murders under state law and in a state court. Instead Sampson's killings were pursued by the government under the federalized crime of "carjacking that results in death." The federal charge enabled the use of the death penalty, absent in the state court. But the federal claim to jurisdiction is because the vehicles that were carjacked were manufactured in one state and transported across state lines to another state.

    "There's no logical need of justice that can't be served in the state court," Gadbois said.

    An interesting argument, perhaps, but completely divorced from Gadbois' role as a juror. It appalled his fellow jurors when they found Gadbois' letter in the verdict form. And its existence stunned the court, which hadn't read it yet.

    "It's not about Sampson," the juror said. "It's not about, is he innocent or is he guilty? It's about the law itself. It's outside the trial."

    And when the judge opened the letter and read it, that's what he ruled. By then the jurors were all home, their verdicts rendered.

    http://www.wbur.org/news/2017/01/24/...-juror-holdout
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  2. #62
    Administrator Heidi's Avatar
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    May you rot in hell: Sampson formally sentenced to death

    Serial killer Gary Lee Sampson was formally sentenced to death Friday in US District Court in Boston after relatives of his victims spoke about their loss and one relative expressed the hope that Sampson will rot in hell.

    A federal jury decided last month that Sampson should face execution for the 2001 carjacking and killing of Jonathan Rizzo, a 19-year-old college student from Kingston who gave Sampson a ride after getting out of work on a Friday night.

    Sampson has admitted killing 69-year-old Philip McCloskey, a plumber from Taunton who had also given Sampson a ride, but the jury could not reach a unanimous verdict on the death sentence for his murder.

    The jury decided Sampson should face the death penalty, but US District Court Judge Leo T. Sorokin was required to formally impose that sentence. He did so after hearing from relatives of Rizzo and McCloskey, including from one of McCloskeys six children.

    Scott McCloskey, told the judge that all he wanted to do was to speak with his father, but cannot because of the actions of the former Abington man.

    You took that away from me, Scott McCloseky told Sampson.

    Moments later, Scott McCloskey spoke angrily to Sampson.

    May you rot in hell you son of a bitch, he said.

    Rizzos relatives then began speaking.

    Elliot Rizzo said he was just a boy when his brother Jonathan was killed, and he told Sampson that his family will never forget or forgive him.

    I hope there is a small part of you that is chilled by that, Elliot Rizzo told Sampson.

    Sampson betrayed no emotion as the relatives of his victims spoke, but earlier in the hearing, he swore at Assistant US Attorney Zachary Hafer when the prosecutor called the three-time killer evil.

    Sampsons also swore at Sorokin, who ordered him to shut up.

    Sampson then fell silent. He did not address the relatives or the judge, but did stand as the judge spoke the legally required words.

    I hereby sentence you to death, Sorokin told Sampson.

    Sampson showed no emotion when he was led out of the courtroom in handcuffs.

    Sampson was first sentenced to death in 2003, but it was later overturned, prompting the re-sentencing trial that ended last month.

    Sampsons death sentence will be appealed, a process that could take years. Since the 1980s , only three of more than 500 federal defendants who faced capital punishment have been executed.

    Sampson pleaded guilty to killing Rizzo and McCloskey, but his lawyers sought a sentence of life without the possibility of parole. Sampson had also pleaded guilty to killing his third victim, Robert Eli Whitney, in New Hampshire and received a life sentence in that state.

    https://www.bostonglobe.com/metro/20...sdK/story.html
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  3. #63
    Administrator Aaron's Avatar
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    Judge denies Gary Lee Sampson’s request to toss death sentence

    Admitted serial killer Gary Lee Sampson suffered another legal setback Tuesday, when a federal judge in Boston denied his request to toss the death sentence he received in January, which was the second time the Abington native had been condemned to die.

    “Gary Sampson brutally and incomprehensibly murdered Philip McCloskey, Jonathan Rizzo, and Robert Whitney” in 2001 in Massachusetts and New Hampshire, Judge Leo T. Sorokin wrote in an 85-page ruling denying Sampson’s motion to vacate his death penalty. “He faces the ultimate, irreversible punishment for two of those killings.”

    Sampson’s 16-year legal saga is far from over.

    Though Sorokin, who presided over Sampson’s sentencing trial last fall in US District Court in Boston, denied the killer’s routine motion, the defendant is still entitled to a First Circuit appeal and, if that fails, he could also seek review by the US Supreme Court.

    His closely watched trial began in November and culminated with the jury sentencing Sampson to death in January for the carjacking and killing of Rizzo, a 19-year-old college student. He received a life sentence for the murder of McCloskey, a 69-year-old plumber from Taunton.

    It was the second time a jury had voted to give Sampson the death penalty. The initial sentence was in 2003, and came more than a half-century after Massachusetts last executed someone. It was later overturned on appeal, prompting the second trial.

    He had pleaded guilty to the crimes in 2003, so the only issue to resolve at trial was sentencing.

    Sampson had faced the death penalty for the carjacking and killings of Rizzo and McCloskey within days of each other in July 2001. Sampson then killed 58-year-old Robert “Eli” Whitney in New Hampshire that same week, strangling him with a rope.

    He pleaded guilty to state murder charges in New Hampshire for Whitney’s slaying.

    Sampson admitted to his crimes in a 90-minute taped confession.

    “In particular, there was evidence permitting jurors to conclude that Sampson intended to kill Mr. Rizzo from the time they met,” Sorokin wrote in Tuesday’s ruling. “That he tied Mr. Rizzo to a tree and gagged him, essentially rendering him defenseless, before inflicting any wounds with his knife; that he knew, based on his experience killing Mr. McCloskey, that he could have approached Mr. Rizzo from behind and killed him quickly by slitting his throat; and that, instead, he attacked Mr. Rizzo from the front and inflicted more than a dozen wounds to the chest and neck, many of which would have been independently fatal.”

    Sampson, 57, is currently on federal death row at a prison in Terre Haute, Ind.

    https://www.google.com/amp/s/www.bos...uB3CL/amp.html
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  4. #64
    Administrator Heidi's Avatar
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    Convicted serial killer looks to avoid execution

    A serial killer convicted for murdering three men in 2001 is appealing his death sentence and continuing a 16-year challenge to avoid execution.

    In January a federal jury in Massachusetts sentenced Gary Lee Sampson, 57, to die for the 2001 carjacking and murder of Jonathan Rizzo, a 19-year university student, the Boston Globe reported.

    The killer has also received a life sentence in Massachusetts for killing 69-year old plumber Philip McCloskey and in New Hampshire for slaying Robert Whitney, his third victim.

    He tricked Rizzo and McCloskey into giving him a ride with a car and then fatally stabbed both men after he directed them to a hidden area. Later, he strangled Whitney with a rope, the Globe reported.

    Sampson’s lawyers filed a notice of appeal against the death penalty on Monday following an unsuccessful request to toss the death penalty earlier this month.

    His legal team is arguing that Sampson was brain-damaged when he fatally stabbed McCloskey and Rizzo.

    The request to not execute Sampson was earlier denied by a U.S. District Court judge, Leo T. Sorokin, who said in his ruling that the killer will not be spared as he “brutally and incomprehensibly murdered Philip McCloskey, Jonathan Rizzo and Robert Whitney.”

    Sampson has been fighting to avoid execution for many years – he was first sentenced to death in 2003. The ruling was reversed following an appeal, but it prompted a second trial where the defendant pleaded guilty. A federal jury reached a decision to sentence Sampson to death again in January.

    If the court dismisses Sampson’s appeal, he could take the case to the U.S. Supreme Court.

    http://fer4.com/convicted-serial-kil...oid-execution/
    An uninformed opponent is a dangerous opponent.

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  5. #65
    Administrator Helen's Avatar
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    Convicted Murderer Gary Lee Sampson Dead At 62

    By CBS News Boston

    BOSTON (CBS) Gary Lee Sampson, who was sentenced to the death penalty in connection with the murders of two Massachusetts men and a third man in New Hampshire, has died in a prison facility.

    According to the Federal Bureau of Prisons database, the 62-year-old Sampson died Tuesday.

    Sampson was initially sentenced to death in 2003 for killing 19-year-old Jonathan Rizzo and 69-year-old Philip McCloskey. The decision was later overturned by a judge after finding a juror lied about her background.

    In 2017, a federal jury decided Sampson would receive the death penalty for Rizzo, but not McCloskey.

    Sampson was also serving a separate life sentence fore killing Robert Eli Whitney in New Hampshire.

    Prosecutors said Sampson tricked the carjack victims into thinking he would spare their lives but then stabbed them more than a dozen times, slit their throats and left them to die in the woods.

    https://boston.cbslocal.com/2021/12/...ion-death-row/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

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    - Rev. Richard Hawke

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  6. #66
    Administrator Helen's Avatar
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    Feds: Spree killer Gary Lee Sampsons convictions and sentence should not be overturned

    A filing earlier this month left open the possibility for vacating the convictions

    Federal prosecutors filed a motion Friday stating the death of spree killer Gary Lee Sampson moots his death penalty appeal but it does not call into question his convictions or sentences.

    A Jan. 7 court filing with the U.S. Court of Appeals for the First Circuit, based in Boston, left open the possibility that Sampsons Dec. 21 death in federal prison in Missouri could overturn his death sentence, which was on appeal at the time he died, or both the sentence and his convictions for his three murders committed in July 2001.

    A common-law doctrine of abatement ab initio, which the Wex Legal Dictionary at Cornell Law School defines as a criminal law rule which negates a conviction if the defendant died before they could exhaust all appeals, should not be followed in Sampsons case, according to the governments statement.

    The case is similar to ex-Patriot Aaron Hernandezs murder conviction that was reinstated in 2019 after his charges were dropped following his death in prison.

    In Sampsons case, prosecutors argue the Court should decline to adopt (any related doctrine) because the rationales underpinning it do not withstand scrutiny.

    A spokesperson for the U.S. Attorneys Office said that the office will let the filings speak for themselves.

    Madeline Cohen, Sampsons lead attorney, said Friday she cant litigate this in the press, but stands by her earlier statements that Sampsons legal team and Sampson himself have never challenged his convictions. Sampsons attorneys have until Friday to submit their own response to the prosecutor statement.

    Between July 24 and July 30, 2001, Sampson brutally and incomprehensibly murdered Philip McCloskey, 69, of Taunton; Jonathan Rizzo, 19, of Abington; and Robert Whitney, 58, of Concord, N.H., according to court documents.

    He was convicted of the killings and sentenced to death in 2003. The US Court of Appeals for the First Circuit affirmed his death sentences on direct appeal in 2007. He was retried due to jury misconduct in 2017 and met the same result. He had filed his latest appeal on his death sentence in Aug. 2017, according to court documents, which was still active at the time of his death.

    (source: Boston Herald)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

  7. #67
    Senior Member Frequent Poster maybeacomedian's Avatar
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    February 22, 2022

    Court backs murder convictions of man who died during appeal

    By Steve LeBlanc
    The Associated Press

    BOSTON — A Boston federal appeals court ruled Tuesday against vacating the death sentence and murder convictions of a man who died in prison while appealing his death sentence.

    Gary Lee Sampson confessed to killing three men during a weeklong crime spree in 2001. He pleaded guilty in federal court to two of the murders, in which he carjacked his victims, took them into the woods and stabbed them. Sampson was convicted separately in the third killing in state court in New Hampshire.

    Sampson never challenged those convictions, just the death penalty, making them final and no longer open to appeal, according to a legal brief filed by U.S. District Attorney for Massachusetts Rachael Rollins’ office last month.

    The U.S. First Circuit Court of Appeals agreed, saying the death penalty appeal is now “moot.”

    "We decline to exercise our equitable discretion to vacate Sampson’s death sentence. His convictions, life sentence, and death sentence are not vacated and remain intact,” the court ruled Tuesday.

    Rollins praised the decision.

    “Today we say the names of Philip McCloskey, Jonathan Rizzo and Robert Whitney. Three lives that were stolen. Their memories will live on. This decision by the First Circuit definitively ends the legal process and Mr. Sampson remains a convicted serial murderer, sentenced to death,” Rollins said in a written statement.

    Rollins’ arguments echoed, in part, sentiments from one of Sampson’s lawyers last month.

    Attorney Madeline Cohen, of Boulder, Colorado, said her late client’s appeal didn’t seek to challenge the legality of his conviction, only the decision to sentence him to death.

    Cohen said Sampson never denied responsibility for the killings, pled guilty in 2003 and stood by the guilty plea.

    Mary Rizzo, mother of victim Jonathan Rizzo, a 19-year-old college student from Kingston, Massachusetts, had strongly argued in favor of maintaining the convictions against Sampson.

    “Sampson’s blatant and bragging confession of his detailed murder of Jonathan will forever haunt me. He pleaded guilty over and over, never once asking for forgiveness," she wrote in a filing with the court last month. "He was an evil man. To think that his conviction might be wiped away is an insult to our family.”

    In July 2001, Sampson killed McCloskey and Rizzo, who had separately given him rides while he hitchhiked in Massachusetts. He then took Rizzo’s stolen car, broke into a home in New Hampshire, and strangled Whitney, age 59.

    Sampson was first sentenced to death in 2003, but a judge granted him a new sentencing trial after finding that a juror at his first trial lied about her background.

    A new jury again sentenced Sampson to death for Rizzo’s killing in 2017, but was unable to reach a unanimous decision on his penalty for killing McCloskey, a 69-year-old retired pipefitter from Taunton.

    Sampson was instead sentenced to life in prison for McCloskey's slaying.

    He also received a separate life sentence after pleading guilty to strangling Whitney.

    His lawyers argued he was brain damaged and mentally ill during the killing spree.

    Sampson — a 62-year-old Abington, Massachusetts, native — died at the medical center for federal prisoners in Springfield, Missouri, after years of end-stage liver disease.

    https://www.timesunion.com/news/arti...d-16939639.php

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