U.S. Can Ask Death Penalty in Yosemite Slaying, Judge Rules

A federal judge has ruled that the government can proceed with its pursuit of the death penalty against the motel handyman accused of killing a Yosemite naturalist.

In a 47-page decision filed late Monday in U.S. District Court in Fresno, Judge Anthony W. Ishii referred often to the case of Unabomber Ted Kaczynski in rejecting all Cary Stayner’s challenges to the 1994 federal death penalty statute.

Stayner, who faces an October trial in the July 21, 1999, death of Joie Armstrong, had argued that the statute is unconstitutional or being misapplied on several grounds, including that the language is broad and vague and the punishment is cruel and unusual.

Stayner also argued that the underlying indictment returned by a grand jury lacks evidence of aggravating factors and mental intent required in death penalty cases, and that he therefore could not be charged with capital offenses no sentenced beyond life in prison.

Ishii disagreed, citing an unpublished opinion by U.S. District Judge Garland E. Burrell Jr. in United States vs. Kaczynski that explained how aggravating factors are sentencing provisions that become relevant only if there is a conviction.

Assistant Federal Defender Robert Rainwater declined to comment Tuesday.

Stayner, who turns 39 next month, is being held in Fresno County Jail pending trial, which is being heard in federal court because Armstrong was killed in a national park.

Stayner faces a second trial on state charges in the February 1999 murders of Yosemite sightseers Carole Sund, 42; daughter Juliana, 15; and family friend Silvina Pelosso, 16, of Cordoba, Argentina.

Stayner allegedly confessed to killing all four women after his arrest in Armstrong’s murder.