Death Penalty Possible in Troiani Murder Trial

Laura Troiani and five co-defendants face the prospect of execution if convicted of murder-for-hire in the slaying of her husband, a Superior Court judge ruled Wednesday.

The decision by Judge Gilbert Nares came by way of rejecting defense attorney Geraldine Russell’s plea that Troiani should be excluded from being targeted for execution by prosecutors because the district attorney’s office is arbitrary and capricious in deciding when to apply “special circumstances” in murder cases, which gives juries the option of sentencing a defendant to death or life in prison without the chance of parole.

Russell unsuccessfully argued that the historical pattern by the district attorney’s office in deciding when to apply special circumstances fails to fit the Troiani case--starting with the fact that never before have local prosecutors gone to trial seeking the death of a female defendant.

“This case is an aberration,” Russell contended.

But Nares said Russell’s argument could be construed to suggest that the district attorney’s office should seek the death penalty more--versus less--often.

Deputy Dist. Atty. Paul Pfingst said a computer evaluation of previous cases when the death penalty has been sought has no bearing on the decision-making process in this case.

“Should we replace the district attorney with a computer? Should we replace human judgment with a mathematical equation?” Pfingst asked. “We use it (special circumstances) sparingly, but when we do use it, we prove it.”

Wednesday’s decision to let stand the application of special circumstances comes a day after Nares ruled that Dist. Atty. Edwin Miller could not be forced by Russell to testify as to his criteria in seeking the death penalty.

Troiani and her co-defendants--five former Marines--are charged in the fatal shooting of Carlo Troiani on a rural Oceanside road in August, 1984.

Prosecutors allege that Troiani arranged for her husband’s murder by paying each of the Marines $500 to do him in. The district attorney’s office said each of the six conspired in the crime and should be put to death because the ex-Marines laid in wait to kill Troiani and did it for money--two criteria in which special circumstances allowing for execution can be applied.