Connecticut Death Penalty Trial: Pleading Guilty Might Be Correct Strategy in Phase One
In my last post, I suggested Stephen Hayes's offer to plead guilty to Capital Felony Murder in New Haven Superior Court without the benefit of a plea bargain is not necessarily a bad trial strategy. Let me explain.
In Connecticut, a capital felony death penalty trial proceeds in two phases. Phase 1 deals with whether the defendant committed the murder--referred to as the guilt (or innocence) phase. Phase 2 deals with whether the defendant should be sentenced to death--referred to as the penalty phase. Obviously if the jury decides the defendant did not commit the murders, the case stops at the end of Phase 1. But if the case proceeds to Phase 2, according to General Statute ยง 53a-46a, the same jury that found the defendant guilty, will then decide whether the defendant should get the death penalty.
Because the same jury would decide both guilt and punishment, it might actually be a good trial strategy to plead guilty in Phase 1--if the ultimate goal is to avoid the death penalty. Sometimes the evidence is so overwhelming that it would not only be futile to contest guilt but also detrimental. Why?
