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R.I. judge upholds death-penalty elements of accused killer Pleau's case

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By Katie Mulvaney

PROVIDENCE -- A federal judge has refused to dismiss the death-penalty aspects of the government's case against accused killer Jason Pleau.

Judge William Smith rejected Pleau's challenges to the constitutionality of the federal death penalty law.

Smith found that, contrary to Pleau's claims, courts have held that the federal death penalty may be imposed in states that do not authorize capital punishment, like Rhode Island.

By law, a jury would assess after conviction whether "aggravating" factors existed such as if the defendant placed people in grave risk of death or committed the crime for monetary gain. It then must weigh those factors against mitigating factors in deciding whether to impose the death penalty.

Smith struck down Pleau's challenges to several aggravating factors. Authorities say Pleau fatally shot a gas station manager while robbing him outside a Woonsocket bank.


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