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Stayner Death Penalty Opposed

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From Associated Press

Lawyers for accused multiple murderer Carey Stayner have filed documents in a Fresno court, arguing against the death penalty in his trial for allegedly killing a Yosemite park naturalist.

The attorneys also are seeking to exclude evidence from three other murder cases against the former motel handyman.

The defense lawyers, led by Assistant Federal Defender Robert Rainwater, argued in papers filed late Friday that the federal indictment against Stayner fails to show that the killing was committed with any of the “aggravating factors” that would make him eligible for the death penalty.

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Prosecutors cited three “aggravating factors” when they notified the court that they would seek the death penalty.

They argue that Stayner committed the crime in a “heinous, cruel or depraved manner,” that he killed Joie Armstrong after “substantial planning and premeditation,” and that the slaying happened during commission of another crime, in this case kidnapping.

Stayner is accused in U.S. District Court of killing Armstrong in the park last year. He is also charged in state court with killing three tourists, Carole and Juliana Sund and Silvina Pelosso, just outside the park more than four months earlier.

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